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!
from 2006
Malibu Locals Only: "Boys Will Be Boys", Or Dangerous Street Gang? Why the Criminal Justice System's Failure to Properly Identify Suburban Gangs Hurts Efforts at Fighting Gangs, Brian William Ludeke
Here Is the Church, Now Who Owns the Steeple? A Revised Approach to Church Property Disputes, Adam E. Lyons
Myth, Folklore and Ancient Justice, Stuart Madden
Paths of Western Law after Justinian, Stuart Madden
The Legality of Governmental Responses to Terrorism and the Dichotomous Characterization of Terrorists as Criminals or Enemy Combatants, Gregory E. Maggs
Precedent and Procedural Due Process: Policymaking in the Federal Courts, Sarah A. Maguire
The Pocahontas Exception: American Indians and Exceptionalism in Virginia’s Racial Integrity Act of 1924, Kevin Noble Maillard
The Pocahontas Exception: The Exemption of American Indian Ancestry from Racial Purity Law, Kevin Noble Maillard
Judicial Discretion To Condition, Thomas O. Main
Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship, Martin H. Malin and Charles Taylor Kerchner
Defamation, Antidiscrimination and the Incredible Shrinking Actress, Amrita Mallik
Taking Judicial Notice of Genocide? The Problematic Law and Policy of the Karemera Decision, Ralph Mamiya
As Our Heritage Crumbles into Dust: The Threat of State Law Protection for Pre-1972 Sound Recordings, Henry L. Mann
The “CSI Effect”: Better Jurors through Television and Science?, Michael D. Mann
Getting into the Act: Enticing the Consumer to Become “Green” through Tax Incentives, Roberta F. Mann and Mona L. Hymel
Bankruptcy and the Entitlements of the Government: Whose Money is it Anyway?, Ronald Mann
Do Patents Facilitate Financing in the Software Industry, Ronald Mann
Explaining the Pattern of Secured Credit, Ronald Mann
Making Sense of Payments Policy in the Information Age, Ronald Mann
Optimizing Consumer Credit Markets and Bankruptcy Policy, Ronald Mann
Patents and Business Models for Software Firms, Ronald Mann
Searching for Negotiability in Payment and Credit Systems, Ronald Mann
Strategy and Force in the Liquidation of Secured Debt, Ronald Mann
The First Shall Be Last: A Contextual Argument for Abandoning Temporal Rules of Lien Priority, Ronald Mann
The Role of Secured Credit in Small-Business Lending, Ronald Mann
Just Until Payday, Ronald Mann and James Hawkins
Commercializing Open Source Software: Do Property Rights Still Matter?, Ronald J. Mann
A Giant without Limbs: The International Criminal Court’s State-Centric Cooperation Regime, Jackson N. Maogoto
America’s War on Terror: Rattling International Law with Raw Power? , Jackson N. Maogoto
Contemporary Private Military Firms under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto
Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto
From Congo to East Timor in 40 Years: The UN Finally Crossing the Rubicon between Peace-Keeping and Peace-Making?, Jackson N. Maogoto
New Heights of Combat—Yesterday’s Scientific Fantasies, Today’s Technological Possibilities: Weaponisation of Outer Space, Jackson N. Maogoto
People First, Nations Second: A New Role for the UN as an Assertive Human Rights Custodian, Jackson N. Maogoto
People First, Nations Second: A New Role for the United Nations, Jackson N. Maogoto
Presiding over the Ex-President: A Look at Superior Responsibility in Light of the Kosovo Indictment , Jackson N. Maogoto
Sovereignty in Transition: Human Rights and International Justice, Jackson N. Maogoto
The Final Balance Sheet? The International Criminal Court’s Challenges and Concessions to the Westphalian Model, Jackson N. Maogoto
The International Criminal Tribunal for Rwanda: A Paper Umbrella in the Rain? Initial Pitfalls and Brighter Prospects, Jackson N. Maogoto
The Military Ascent into Space: From Playground to Battleground--The New Uncertain Game in the Heavens, Jackson N. Maogoto
Walking an International Tightrope: Use of Military Force to Counter Terrorism, Jackson N. Maogoto
War on the Enemy: Self-Defence and State-Sponsored Terrorism, Jackson N. Maogoto
Watching the Watchdogs: Holding the UN Accountable for International Humanitarian Law Violations of the ‘Blue Helmets’, Jackson N. Maogoto
After the Party, Is There a Cure for the Hangover? The Challenges of the Global Economy to Westphalian Sovereignty, Jackson N. Maogoto and Andrew Coleman
Mutal Funds and Other Collective Investment Mediums —A Comparative Analysis of Their Regulation and Governance, Jerry W. Markham
Forced Pregnancy and the ICC, Milan Markovic
The Right to Swing? , Milan Markovic
Emotional Competence, "Rational Understanding," and the Criminal Defendant, Terry A. Maroney
Comity as a Step towards the Unification of Private Procedural International Law, Pedro J. Martinez-Fraga
House of Mouse and Beyond: Assessing the SEC's Efforts to Regulate Executive Compensation, Jennifer S. Martin
Opting Out: Procedural Fair Use, Michael R. Mattioli
Technoconsen(t)sus, Andrea M. Matwyshyn
A Tale of Two Trusts: The Barnes Foundation and the Isabella Stewart Gardner Museum, Jeannette H. Maurer
Would Banning Firearms Reduce Murder and Suicide? A Review of International Evidence, Gary A. Mauser and Don B. Kates
The Much Maligned 527 and Institutional Choice, Lloyd H. Mayer
A Review of Procedural and Jurisdictional Challenges in Enforcing International Human Rights Law under the African Charter Regime, Morris K. Mbondenyi and Nixon Wanyama Sifuna
Dangerous Liaisons: The Left’s New Love Affair with Article I, Michael D. McClelland
When Worlds Collide: Federal Construction of State Institutional Competence, Marcia L. McCormick
Leeway for Judicial Usurpation: Ignoring the Default of the Elections Clause in the Texas Redistricting Cases, Troy Allen McCurry
Through the Looking Glass: Runaway Productions and "Hollywood Economics", Adrian H. McDonald
Criminal Law beyond the State: Popular Trials on the Frontier, Andrea McDowell
In Search of the Transaction or Occurrence: Counterclaims, Douglas D. McFarland
Putting Regulation before Responsibility: Towards Binding Norms of Corporate Social Responsibility, Thomas F. McInerney
Dead Man Waiting: Death Row Delays, the Eighth Amendment, and What Courts and Legislatures Can Do, Kate F. McMahon
The Partnership: Preserving Capital Gains on Real Estate Investments, Charles E. McWilliams
When 2 or 3 Come Together, Tracey L. Meares
Why Do We Know What We Know? Reevaluating the Economic Case against Pre-Contractual Disclosure Duties and for Break-Up Fees, Barak Medina and Ofer Grosskopf
Is Consumer Court Really Preferred to Banking Ombudsman? An Analytical Study, Aparna Meduri
Guarding against the High Risk of High-Deductible Health Plans: A Proposal for Regulatory Protections, Michele Melden
Finding a Ceiling in a Circular Room: Locke v. Davey, Federalism, and Religious Neutrality, Jesse R. Merriam
Finding a Ceiling in a Circular Room: Locke v. Davey, Federalism, and Religious Neutrality, Jesse R. Merriam
Why Don’t More Public Schools Teach Sex Education? A Constitutional Explanation and Critique, Jesse R. Merriam
Chicken Flu for the International Soul: Understanding and Applying International Infectious Disease Regulations, Timothy J. Miano
Appeasing the International Conscience or Providing Post-Conflict Justice: Expanding the Khmer Rouge Tribunal’s Restorative Role, Nema Milaninia
One Step Forward, Two Step Backwards: Addressing Objections to the ICC’s Prescriptive and Adjudicative Powers , Nema Milaninia
Judicial Caprice, Eric Miller
Mixed Messages: The Supreme Court’s Conflicting Decisions on Juries in Death Penalty Cases, Ken Miller and David Niven
Is It "Charitable" to Discriminate?, Nicholas A. Mirkay
Sarbanes-Oxley's Structural Model to Encourage Corporate Whistleblowers, Richard E. Moberly
Customized Litigation: The Case for Making Civil Procedure Negotiable, Michael Moffitt
Administrative Receivership and Administration - An Analysis, Riz Mokal
Contractarianism, Contractualism, and the Law of Corporate Insolvency, Riz Mokal
Liquidation Expenses and Floating Charges - The Separate Funds Fallacy, Riz Mokal
On Fairness and Efficiency, Riz Mokal
Priority as Pathology: The Pari Passu Myth, Riz Mokal
The Authentic Consent Model: Contractarianism, Creditors' Bargain, and Corporate Liquidation, Riz Mokal
The Floating Charge – An Elegy, Riz Mokal
The Search for Someone to Save: A Defensive Case for the Priority of Secured Credit, Riz Mokal
Circular 230 Opinion Standards, Legal Ethics and First Amendment Limitations on the Regulation of Professional Speech by Lawyers, David T. Moldenhauer
An Emerging Uniformity for International Law, David H. Moore
Populism and Patents, Kimberly A. Moore
The How and Why of the New Public Corporation Tax Shelter Compliance Norm, Susan Cleary Morse
Statutory Misconstruction: How the Supreme Court Has Created a Federal Arbitration Law Never Enacted by Congress, Margaret L. Moses
Who Cares What Thomas Jefferson Thought about Patents: Reevaluating the Patent "Privilege" in Historical Context, Adam Mossoff
The Constitutionality of Utah's 2005 Tuition Tax Credit Proposals, Sean W. Mullaney
Making Sanitary and Phytosanitary Agreement Work in Developing Countries of Sub-Saharan Africa, Onesimus Kipchumba Murkomen
Establishing a Precedent in Uganda: The Legitimacy of National Amnesties under the ICC, Robin B. Murphy
Detector Dogs and Probable Cause, Richard E. Myers
Necessary Knowledge for Communications Policy: Information Inequalities and Commercial Data Access and Usage in the Policymaking Process, Philip M. Napoli and Michelle Seaton