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
Bond Repudiation, Tax Codes, the Appropriations Process and Restitution Post-Eminent Domain Reform, John H. Ryskamp
Did You Happen to Notice that Lawrence v. Texas Overruled West Coast Hotel v. Parrish?, John H. Ryskamp
Every Law Maintains an Important Fact: The Supreme Doctrine of the New Fourth Constitutional Epoch, John H. Ryskamp
Finding New Constitutional Rights through the Supreme Court’s Evolving “Government Purpose” Test under Minimum Scrutiny, John H. Ryskamp
Finding the Constitutional Right to Education in San Antonio School District v. Rodriguez, John H. Ryskamp
Lawrence v. Texas Overrules San Antonio School District. v. Rodriguez, John H. Ryskamp
The New Constitutional Right to Maintenance in the United States, John H. Ryskamp
Using Capture Theory and Chronology in Eminent Domain Proceedings, John H. Ryskamp
Why Guru Nanak Is Another Nail in the Coffin of West Coast Hotel v. Parrish, John H. Ryskamp
Zoning and Eminent Domain under the New Minimum Scrutiny, John H. Ryskamp
Beyond Abstraction, the Law and Economics of Copyright Scope and Doctrinal Efficiency, Matthew J. Sag
Patent Reform and Differential Impact, Matthew J. Sag and Kurt Rohde
Even Heroes Need to Talk: Psycho-Legal Soft Spots in the Field of Asylum Lawyering, Tehila Sagy
Dan the Xenophobe Rides the A-Train or the Modern, "Secret" Racist: Unconscious Racism in `Enlightened America' and the Destructive Stereotypes that Fuel It, Richard D. Salgado
Come Down & Make Bargains in Good Faith: The Application of 42 U.S.C. § 1981 to Race & National Origin Discrimination in Retail Stores, Charlotte H. Sanders
A Norms Approach to Jury "Nullification", Joseph Sanders
Is Lara the Answer to Implicit Divestiture?: A Critical Analysis of the Congressional Delegation Exception, Anna O. Sappington
The Employer Preference for the Subservient Worker and the Making of the Brown Collar Workplace, Leticia M. Saucedo
The Sosa Decision, Jeffrey P. Saxon
Never Get Out'a the Boat: Stenberg v. Carhart and the Future of American Law, Michael Scaperlanda and John Breen
A Common Tragedy: Condemnation and the Anticommons, Robert L. Scharff
Motherhood and the Mission: What Catholic Law Schools Could Learn from Harvard about Women, Elizabeth R. Schiltz
Squaring the Circle: Democratizing Judicial Review and the Counter-Constitutional Difficulty, Miguel Schor
The Clinical Divide: Overcoming Barriers to Collaboration Between Clinics and Legal Writing Programs, Sarah O. Schrup
Learning to Writing in Code: The Value of Using Legal Writing Exercises to Teach Tax Law, Scott A. Schumacher
Explaining the Value of Transactional Lawyering, Steven L. Schwarcz
Beyond Broadcasting: The Constitutionality of Indecency Regulation on Cable and Direct Broadcast Satellite Services, Matthew S. Schwartz
Family Limited Partnerships: The Beat Goes On, Walter D. Schwidetzky
Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits, Richard H. Seamon
The (Neglected) Importance of Being Lawrence: The Constitutionalization of Public Employee Rights to Decisional Non-Interference in Private Affairs, Paul M. Secunda
The Reason Behind the Rules: The Archaeological Resources Protection Act of 1979 and Scientific Study, Ryan M. Seidemann
Enforcing Fourth Amendment Rights through Federal Habeas Corpus, Steven Semeraro
The Bureaucratic Due Process of Government Watch Lists, Peter M. Shane
What's in a Name?: Cause Lawyers as Conceptual Category, Corey S. Shdaimah
Corporations and Social Costs: The Wal-Mart Case Study, Benedict Sheehy
Corporations and the Lateral Obligations of the Social Contract, Benedict Sheehy
Re-Thinking Securities Regulation: A Comparative Study of ASX, NYSE, and SGX , Benedict Sheehy
Un-Fair Trade as Friendly Fire: The Australia-USA Free Trade Agreement, Benedict Sheehy
China-Australia Free Trade Agreement New Icing on an Old Cake-An Opportunity for Fair Trade?, Benedict Sheehy and Jackson N. Maogoto
The (Boundedly) Rational Basis of Trademark Liability: Reconciling the Federal Trademark Dilution Act and the Lanham Act, Jeremy Sheff
Mergers and Innovation, Howard A. Shelanski and Michael L. Katz
Entrenched Managers & Corporate Social Responsibility, Shane M. Shelley
Analyzing the International Criminal Court Complementarity Principle Through a Federal Courts Lens, Ada Y. Sheng
Law in the Digital Age: How Visual Communication Technologies are Transforming the Practice, Theory, and Teaching of Law, Richard K. Sherwin, Neal Feigenson, and Christina Spiesel
Liberalism and Religion, Steven H. Shiffrin
The Origin of the Compelling State Interest Test and Strict Scrutiny, Stephen A. Siegel
Choice in Government Software Procurement: A Winning Combination, McLean Sieverding
Flattening the World of Legal Services? The Ethical and Liability Minefields of Offshoring Legal and Law-Related Services, Carole Silver and Mary C. Daly
Precedent, Super-Precedent, Michael B. W. Sinclair
Should Internet Protocol-Enabled Video Service Provided over a Telephone Network Be Regulated as a Cable Service?, Hal J. Singer, J Gregory Sidak, and Robert W. Crandall
Video over Telephone Networks: The Case against Regulation, Hal J. Singer, J Gregory Sidak, and Robert W. Crandall
The Case against Mandatory Annual Director Elections and Shareholders' Meetings, William K. Sjostrom
Tribal-State Gaming Compacts and Revenue Sharing Provisions: Are the States Upping the Ante? , Richard L. Skeen
The "American Rule" That Swallows the Exception, Joseph E. Slater
Dangerousness and Expertise Redux, Christopher Slobogin
The Liberal Assault on the Fourth Amendment, Christopher Slobogin
Canons, the Plenary Power Doctrine and Immigration Law, Brian G. Slocum
Formulaic Deliberation, Andre L. Smith
European Private Law: A Plea for a Spontaneous Legal Order, Jan M. Smits
Commercial Law in the Cracks of Judicial Federalism, Donald J. Smythe
The Child Client; Representing Children in Child Protective Proceedings, Merril Sobie
The Case for American History in the Law-School Curriculum, Harold P. Southerland
Due Process and Punitive Damages: The Error of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Of Shrinking Sweatsuits and Poison Vine Wax: A Comparison of Excuse for Nonperformance under the UCC and the CISG, Carla Spivack
Transsexualism and the Binary Divide: Determining Sex Using Objective Criteria, Mathew Staver
Fourth Amendment Searches of the Home in Florida: State v. Rabb: Has the Florida Fourth District Court of Appeals Barked up the Wrong Tree? , Anthony Michael Stella
Reforming Redistricting, Nicholas Stephanopoulos
A Costly Signaling Theory of "Hard Look" Judicial Review, Matthew C. Stephenson
Entrapment By Numbers, Dru Stevenson
Radicals in Robes: A Review, Dru Stevenson
Reverse Bifurcation, Dru Stevenson
Review Essay: Radicals in Robes , Dru Stevenson
National Security and Immigration Policy: Reclaiming Terms, Measuring Success, and Setting Priorities, Margaret D. Stock
Halos, Billboards, and the Taxation of Charitable Sponsorships, Ethan G. Stone
21st Century Pillow-Talk: Applicability of the Marital Communications Privilege to Electronic Mail, Mikah K. Story
Law and the Science of Networks: An Overview and an Application to the "Patent Explosion", Katherine J. Strandburg
Network Science and Law: A Sales Pitch and an Application to the "Patent Explosion", Katherine J. Strandburg
Privilege Can Be Abused: Exploring the Ethical Obligation to Avoid Frivolous Claims of Privilege, Maura I. Strassberg
Unwarranted Fears Mask the Benefits of Network Diversity: An Argument against Mandating Network Neutrality, Elvis Stumbergs
The Crimmigration Crisis: Immigrants, Crime, & Sovereign Power, Juliet P. Stumpf
Through the Looking Glass: What a Comparison with the New Polish Legal Framework of Arbitration Reveals about the U.S. Legal Framework of Arbitration, Adam J. Sulkowski
Overcoming the Achilles Heel of Copyright Law, Haochen Sun
The Police Power and 'Public Use': Balancing the Public Interest against Private Rights through Principled Constitutional Distinctions, Christopher D. Supino
The Immigrant City, Rick Su
Contingent Fee Lobbying: Inflaming Avarice or Facilitating Constitutional Rights?, Thomas M. Susman
Antitrust Governance, Yane Svetiev
Void Agreements, Knocked-out Terms, and Blue Pencils: Judicial and Legislative Handling of Unreasonable Terms in Noncompete Agreements, Kenneth R. Swift
Sentencing Disparity in Desertion and Absent without Leave Trials: Advocating a Return of “Uniform” to the Uniform Code of Military Justice., Scott R. Sylkatis
The United States Supreme Court and the Second Amendment, Stefan B. Tahmassebi
Extinguishing Security Interests: Secured Claims in Japanese Reorganization Law and Some Policy Implications to the U.S. Law, Wataru Tanaka
Forgetting Freud: The Courts' Fear of the Subconscious in Date Rape (and Other) Criminal Cases, Andrew E. Taslitz
Conditional Love: Incentive Trusts and the Inflexibility Problem, Joshua C. Tate
A Vague and Subjective Standard with Impractical Effects: The Need for Congressional Intervention after Burlington Northern & Santa Fe Railway Co. v. White, Lisa Durham Taylor
Selective Affinities: On the American Reception of Hans Kelsen's Legal Theory , D. A. Jeremy Telman
The Foreign Affairs Power: Does the Constitution Matter?, D. A. Jeremy Telman
Hostile Takeovers and Hostile Defenses: A Comparative Look at U.S. Board Deference and the European Effort at Harmonization, Tyler A. Theobald
Vanquishing Copyright Pirates and Patent Trolls: The Divergent Evolution of Copyright and Patent Laws, Robert E. Thomas