The bepress Legal Series contains manuscripts by top scholars, many of which will eventually appear in top law reviews. Browse the most recent submissions here!
Documents from 2020
I Do' Kiss and Tell: The Subversive Potential of non-Normative SocialSexual Expression from within Cultural Paradigms, Elaine Craig
Sexual Assault and Intoxication: Defining (in)Capacity to Consent, Elaine Craig
The Oxford Handbook of Fiduciary Law, Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff
Hassle Free Travel: Myrie v. Barbados and Freedom of Movement in CARICOM, Jane E. Cross
Casino Gambling in the Caribbean, Jane E. Cross and Robert M. Jarvis
Commentary on Prosecutor v. Duch (ECCC), Kevin Crow
Winds of Justice: Post-Colonial Opportunism and the Rise of the Khmer Rouge, Kevin Crow
Supervision of Implementation: Dispute settlement of the World Trade Organization (WTO), Kevin Crow and Christian Tietje
Founders: Removal from Office is Not the Only Purpose of Impeachment, Clark Cunningham
The Dershowitz Attack on the Trump Articles of Impeachment is Weakened, Perhaps Fatally, by the Possibility That "Misdemeanors" Could Mean "Misconduct", Clark Cunningham
Limiting Senate Inquiry Ignores Founders' Intent for Impeachment, Clark D. Cunningham
The One Word Alan Dershowitz Gets Wrong in the Impeachment Clause, Clark D. Cunningham
Prosecuting the Crime of Aggression as a Complement, Cara Cunningham Warren
Measuring Law Student Success from Admissions Through Bar Passage: More Data the Bench, Bar and Academy Need to Know, Andrea A. Curcio, Hong Jiang, Mary Lu Bilek, Jessica Gabel Cino, and Allie Robbins
"In a Case, on the Screen, Do They Remember What They've Seen?" Critical Electronic Reading in the Law Classroom, Debra Moss Curtis
Ensayos sobre Derecho y Sociedad en la Era tecnológica (Essays on Law and Society in the Technology Era), Teresa M. G. Da Cunha Lopes
Chains of Command.pdf, Shubhankar Dam
Coronavirus pandemic: India is in a crisis. Why isn’t the parliament assembling online_.pdf, Shubhankar Dam
A Short & Happy Guide to the Bar Exam's Multistate Essay Examination, Suzanne Darrow-Kleinhaus and Irene Crisci
Did Trump Engage in the Obstruction of Justice? The Special Reasons for a Special Prosecutor, Jennifer Daskal
The Overlapping Web of Data, Territoriality and Sovereignty, Jennifer Daskal
There's No Good Decision in the Next Big Data Privacy Case, Jennifer Daskal
Interview with Jennifer Daskal: Former Justice Department Lawyer Examines Roger Stone Indictment, Jennifer Daskal and Mary Louise Kelly
Concluding Remarks: Miyo-wîcêhtowin, R v Stanley, and Our Future as Lawyers, Signa A. Daum Shanks
Legal and Systemic Issues Left Unexplained in Stanley Trial, Signa A. Daum Shanks
Métis Action, Canadian Law and Historical Research: Preliminary Thoughts about Strategies for Current Efforts, Signa A. Daum Shanks
Reconciliation isn’t up to Indigenous folks, Signa A. Daum Shanks
The Wastelander Life: Living Before and After the Release of Daniels v Canada, Signa A. Daum Shanks
We failed to treat missing and murdered Indigenous women like people, but I know we can change, Signa A. Daum Shanks
What’s a Non-Indigenous Woman to Do? Some ideas about how to be an Ally, Signa A. Daum Shanks
A Bargaining Analysis of American Labor Law and the Search for Bargaining Equity and Industrial Peace, Kenneth G. Dau-Schmidt
An Agency Cost Analysis of the Sentencing Reform Act: Recalling the Virtues of Delegating Complex Decisions, Kenneth G. Dau-Schmidt
An Economic Analysis of the Criminal Law as a Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Dividing the Surplus: Will Globalization Give Women a Larger or Smaller Share of the Benefits of Cooperative Production?, Kenneth G. Dau-Schmidt
Economics and Sociology: The Prospects for an Interdisciplinary Discourse of Law, Kenneth G. Dau-Schmidt
Employment in the New Age of Trade and Technology: Implications for Labor and Employment Law, Kenneth G. Dau-Schmidt
Employment Security: A Comparative Institutional Debate, Kenneth G. Dau-Schmidt
Enterprise Law: Contracts, Markets, and Laws in the US and Japan (edited by Zenichi Shishido), Kenneth G. Dau-Schmidt
High Velocity Labor Economics: A Review Essay of Working in Silicon Valley: Economic and Legal Analysis of a High-Velocity Labor Market, Kenneth G. Dau-Schmidt
Introduction: The American Law Institute's Restatement of Employment Law: Comments and Critiques, Kenneth G. Dau-Schmidt
Keynes Was Right!, Kenneth G. Dau-Schmidt
Labor and Employment Law and Economics (edited by Kenneth G. Dau-Schmidt, Seth D. Harris and Orly Lobel), Kenneth G. Dau-Schmidt
Laboring in the Academic Marketplace: The Case for Tenure, Kenneth G. Dau-Schmidt
Labor Law 2.0: The Impact of New Information Technology on the Employment Relationship and the Relevance of the NLRA, Kenneth G. Dau-Schmidt
Labor Law and Industrial Peace: A Comparative Analysis of the United States, the United Kingdom, Germany, and Japan under the Bargaining Model, Kenneth G. Dau-Schmidt
Meeting the Demands of Workers Into the Twenty-First Century: The Future of Labor and Employment Law, Kenneth G. Dau-Schmidt
Models in Social Science: A Review of Law and Public Policy: A Socioeconomic Approach, Kenneth G. Dau-Schmidt
O Brother Where Art Thou? The Struggles of African American Men in the Global Economy of the Information Age, Kenneth G. Dau-Schmidt
Promises to Keep: Ensuring the Payment of Americans' Pension Benefits in the Wake of the Great Recession, Kenneth G. Dau-Schmidt
Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform, Kenneth G. Dau-Schmidt
Relaxing Traditional Economic Assumptions and Values: Toward a New Disciplinary Discourse on Law, Kenneth G. Dau-Schmidt
Sentencing Antitrust Offenders: Reconciling Economic Theory with Legal Theory, Kenneth G. Dau-Schmidt
The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century (edited by Richard Bales and Charlotte Garden), Kenneth G. Dau-Schmidt
The Changing Face of Collective Representation: The Future of Collective Bargaining, Kenneth G. Dau-Schmidt
The Impact of Emerging Information Technologies on the Employment Relationship: New Gigs for Labor and Employment Law, Kenneth G. Dau-Schmidt
The Labor Market Transformed: Adapting Labor and Employment Law to the Rise of the Contingent Work Force, Kenneth G. Dau-Schmidt
The Oxford Handbook of Law, Regulation and Technology (edited by Roger Brownsword, Eloise Scotford, and Karen Yeung), Kenneth G. Dau-Schmidt
The Whole Is Greater than the Sum of the Parts: Analyzing Legal Problems in an Endogenous World, Kenneth G. Dau-Schmidt
Union Security Agreements under the National Labor Relations Act: The Statute, the Constitution, and the Court's Opinion in Beck, Kenneth G. Dau-Schmidt
Protecting Families in a Global Economy, Kenneth G. Dau-Schmidt and Carmen Brun
Lost in Translation: The Economic Analysis of Law in the United States and Europe, Kenneth G. Dau-Schmidt and Carmen L. Brun
Legal Protection for the Individual Employee, 4th edition, Kenneth G. Dau-Schmidt, Robert N. Covington, and Matthew W. Finkin
Review of Labor and Employment Decisions from the United States Supreme Court’s 2008–2009 Term, Kenneth G. Dau-Schmidt and Todd C. Dvorak
The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan, Kenneth G. Dau-Schmidt and Benjamin C. Ellis
Legal Protection for the Individual Employee, 5th edition, Kenneth G. Dau-Schmidt, Matt Finkin, and Robert Covington
Men and Women of the Bar: The Impact of Gender on Legal Careers, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, and Kathleen E. Hull
"Men and Women of the Bar: The Impact of Gender on Legal Careers." Mich. J. Gender & L. 16, no. 1 (2009): 49-145., Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, and Kathleen E. Hull
Department of Justice Antitrust Enforcement, 1955-1997: An Empirical Study, Kenneth G. Dau-Schmidt, Joseph C. Gallo, Joseph L. Craycraft, and Charles J. Parker
Criminal Penalties Under the Sherman Act: A Study of Law and Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, and Joseph Craycraft
Governance of the Workplace: The Contemporary Regime of Individual Contract, Kenneth G. Dau-Schmidt and Timothy A. Haley
Economic Analysis of Labor and Employment Law in the New Economy, Kenneth G. Dau-Schmidt, Alan Hyde, Michael Risch, Jagdeep Bhandari, and Richard Block
Swimming in the Crosscurrents of History: Labor and Employment Law Under the Obama Administration, Kenneth G. Dau-Schmidt and Matthew Kelley
Undermining or Promoting Democratic Government?: An Economic and Empirical Analysis of the Two Views of Public Sector Collective Bargaining in American Law, Kenneth G. Dau-Schmidt and Mohammad Khan
A Conference on the American Law Institute's Proposed Restatement of Employment Law, Kenneth Glenn Dau-Schmidt
Solving the Employee Reference Problem: Lessons from the German Experience, Kenneth Glenn Dau-Schmidt and Matthew Finkin
"Old and Making Hay:" The Results of the Pro Bono Institute Firm Survey on the Viability of a "Second Acts" Program to Transition Attorneys to Retirement Through Pro Bono Work, Kenneth Glenn Dau-Schmidt, Esther Lardent, Reena Glazer, and Kellen Ressmeyer
The Great Recession, the Resulting Budget Shortfalls, the 2010 Elections and the Attack on Public Sector Collective Bargaining in the United States, Kenneth G. Dau-Schmidt and Winston Lin
Labor Law in the Contemporary Workplace, 3rd Edition, Kenneth G. Dau-Schmidt, Martin H. Malin, Roberto L. Corrada, Christopher David Ruiz Cameron, and Catherine Laura Fisk
The Fruits of Our Labors: An Empirical Study of the Distribution of Income and Job Satisfaction Across the Legal Profession, Kenneth G. Dau-Schmidt and Kaushik Mukhopadhaya
"The Fruits of our Labors: An Empirical Study of the Distribution of Income and Job Satisfaction Across the Legal Profession." J. Legal Educ. 49, no. 3 (1999): 342-66., Kenneth G. Dau-Schmidt and Kaushik Mukhopadhaya
The Employment and Economic Advancement of African-Americans in the Twentieth Century, Kenneth G. Dau-Schmidt and Ryland Sherman
Teaching in a Larger Social Context: Using Simulations to Demonstrate Socioeconomic Principles and Relevance to Law, Kenneth G. Dau-Schmidt and Jeffrey E. Stake
"The Pride of Indiana": An Empirical Study of the Law School Experience and Careers of Indiana University School of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, and Timothy Haley
"The Pride of Indiana: An Empirical Study of the Law School Experience and Careers of Indiana University School of Law - Bloomington Alumni." Ind. L.J. 81, no. 4 (2006): 1427-78., Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, and Timothy A. Haley
Legal Rights and Interests in the Workplace, Kenneth G. Dau-Schmidt, Clyde W. Summers, and Alan Hyde
Kinship, Law and Politics An Anatomy of Belonging, JOSEPH E. DAVID
Flight and Fugitive Issues in Bankruptcy Fraud Cases, Angela J. Davis
How Criminal Justice Reformers Should Confront Justice Kennedy's Retirement, Angela J. Davis
Inside the Box - When Exercising Peremptory Challenges, Attorneys Should Keep in Mind the Three-Step Framework of Batson/Wheeler, Angela J. Davis
Crime and Punishment: Benign Neglect of Racism in the Criminal Justice System, Angela J. Davis
Incarceration and the Imbalance of Power, Angela J. Davis
In Search of Racial Justice: The Role of the Prosecutor, Angela J. Davis
Prosecution and Race: The Power and Privilege of Discretion, Angela J. Davis
Prosecutors, Democracy, and Race, Angela J. Davis
Race, Cops, and Traffic Stops, Angela J. Davis
Racial Fairness in the Criminal Justice System: The Role of the Prosecutor, Angela J. Davis
The American Prosecutor: Independence, Power, and the Threat of Tyranny, Angela J. Davis
The American Prosecutor - Power, Discretion, and Misconduct, Angela J. Davis