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 2014
Methamphetamines, The Crystal Method and the War on Drugs, Bernard J. Hughes
from 2007
The Structure of the Asymmetric Tax Treaty Network: Theory and Implications , Eduardo A. Baistrocchi
'Prima Paint' Pushed Compulsory Aribitration under the 'Erie' Train, Richard L. Barnes
The People or The State?: Chisholm v. Georgia and Popular Sovereignty, Randy E. Barnett
When Second Comes First: Correcting Patent’s Poor Secondary Incentives through an Optional Patent Purchase System, Jordan Barry
Shooting Down Hijacked Airplanes? Sorry, We’re Humanists. A Comment on the German Constitutional Court Decision of 2.15.2006, Regarding the Luftsicherheitsgesetz (2005 Air Security Act), Miguel Beltran de Felipe and Jose Maria Rodriguez de Santiago
Of Elephants and Embryos: A Proposed Framework for Legal Personhood, Jessica Berg
Prosecutors: Factors to Aid Your Filing Decisions with Respect to Fatal Traffic Collisions, Kimberly Rebecca Bird
Rethinking Visitation: From a Parental to a Relational Right , Ayelet Blecher-Prigat
School Naming Rights and the First Amendment's Perfect Storm, Joseph Blocher
Jutstice Kennedy and the Environment: Property, States' Rights, and the Search For Nexus, Michael Blumm
Overriding Mental Health Treatment Refusals: How Much Process Is "Due"?, Samuel Jan Brakel
YouTube or YouLose? Can YouTube Survive a Copyright Infringement Lawsuit, Jason C. Breen
Judicializing Federative Power, Richard Broughton
Below the Surface: Comparing Legislative History Usage by the House of Lords and the Supreme Court, James J. Brudney
Culture, Sovereignty, and Hollywood: UNESCO and the Future of Trade in Cultural Products, Christopher M. Bruner
Law and Heidegger’s Question Concerning Technology: A Prolegomenon to Future Law Librarianship, Paul D. Callister
Hudson and Samson: The Roberts Court Confronts Privacy, Dignity, and the Fourth Amendment, John D. Castiglione
Content on the Fly: The Growing Need for Regulation of Video Content Delivered via Cellular Telephony, Jacob M. Chapman
Doomsday: A Look at the Ethical Issues behind the Government's Coercive Powers in Response to a Public Health Nightmare., Jacob M. Chapman
The Hidden Harm of Law and Economics, Daniel I A Cohen
“Every Day and in Every Way, We All Are Becoming Meta and Meta," or, How Communitarian Bargaining Theory Conquered the World (of Bargaining Theory), Robert J. Condlin
The Internet and the Project of Communications Law, Susan P. Crawford
Accessing Reproductive Technologies: Invisible Barriers, Indelible Harms, Judith F. Daar
MySpace Isn't Your Space, Donald Carrington Davis
Using Ethanol as a Fuel to Reenergize Free Trade Area of the Americas Negotiations, Marcel De Armas
At War with the Eclectics: Mapping Pragmatism in Contemporary Legal Analysis, Justin Desautels-Stein
Black, White, Brown, Green, and Fordice: The Flavor of Higher Education in Louisiana and Mississippi, Alfreda S. Diamond
Surfing Past the Pall of Orthodoxy: Why the First Amendment Virtually Guarantees Online Law School Graduates Will Breach the ABA Accreditation Barrier, Nicholas C. Dranias
The Military Abortion Ban: How 10 U.S.C. Section 1093 Violates International Standards of Reproductive Healthcare, Sabrina E. Dunlap
Is the Lack of Trusts an Impediment for Expanding Business Opportunities in Latin America?, Dante Figueroa
The New Federal Indian Law, Matthew L.M. Fletcher
Internet 3.0: Identifying Problems and Solutions to the Network Neutrality Debate , Robert M. Frieden
Settlement of Disputes under the United States-Central America-Dominican Republic Free Trade Agreement, David A. Gantz
Cold Comfort Pharmacy: Pharmacist Tort Liability for Conscientious Refusals to Dispense Emergency Contraception, Kristen Marttila Gast
Controlling Family Shareholders in Developing Countries: Anchoring Relational Exchange, Ronald J. Gilson
The "How" of Enforcing the Fourteenth Amendment: How the Rehnquist Court's Treatment of Implementation, Not Interpretation, Is the True Post-Boerne Failing, Rebecca L. Goldberg
Time to Step Up: Modeling the African American Ethnivestor for Self Help Entrepreneurship in Urban America, Roger M. Groves
Interrogation of Detainees: Extending a Hand or a Boot?, Amos N. Guiora
Transracial Adoption of Black Children: An Economic Analysis, Mary Eschelbach Hansen and Daniel Pollack
The View from the Trenches: A Report on the Breakout Sessions at the 2005 National Conference on Appellate Justice, Arthur Hellman
An Economic Analysis of the Duty to Disclose Information: Lessons Learned from the Caveat Emptor Doctrine, Alex M. Johnson
The Law School Pipeline for Students of Color: What’s Constricting the Flow?, Alex M. Johnson
The Price-Anderson Public Liability Action And Strict Liability, Donald E. Jose and Michael A. Garza
Hemp ... Why Not?, Jared B. Kahn
Intent to Benefit: Individually Enforceable Rights in Treaties, Sital Kalantry
Making Bread From Broken Eggs: A Basic Recipe for Conflict Resolution Using Earned Sovereignty , Nathan P. Kirschner
Private Copyright: Digital Rights Management Systems and the Consumer, Victor Nicholas Knipe
Section 965: A Traditional Corporate Tax Policy Evaluation, Jessica c. Kornberg
Civil Unions and Choice of Law: A Second Restatement Analysis of Miller-Jenkins v Miller-Jenkins, Christina N. Lambe
A Textual-Historical Theory of the Ninth Amendment, Kurt T. Lash
The Inescapable Federalism of the Ninth Amendment, Kurt T. Lash
Claim Construction, Appeal, and the Predictability of Interpretive Regimes, Jeffrey A. Lefstin
Put That in Your Thurible and Smoke It: Religious Gerrymandering of Sacramental Intoxication, Mark A. Levine
Taking Responsibility Seriously: The Best Interests of the Child and Spousal Laws, Shahar Lifshitz
Federalism and Transnational Law: The Case of CITES Implementation in Canada, William R. MacKay
Resolving Conflicts between Multilateral Environmental Agreements: The Case of the Montreal and Kyoto Protocols, Daniel G. McCabe
Bias, the Brain, and Student Evaluations of Teaching, Deborah J Merritt
Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly
Love v. Virginia: The Constitutionality of the Marshall/Newman Amendment, Pavitra Mohan Ram
Son of Sam Resurrected: Did Greedy Criminals Unwittingly Give New Life to the “Son of Sam” Laws?, Arthur M. Ortegon
The Application of Tax Treaties to Investment Funds, Niccolo Pallesi
Civil Liberties Advocacy Organizations in Canada: A Survey and Critique, Jeremy Patrick
The American Tradition of Racial Profiling, Jean Phan
Imagining a Progressive and Comprehensive Consumption Tax, Sean K. Raft
The Production of Law (and Cinema), Amnon Reichman
The Legality of the Use of White Phosphorus by the United States Military during the 2004 Fallujah Assaults, Roman O. Reyhani
Gender Equity in College Athletics: Women Coaches as a Case Study, Deborah L. Rhode and Christopher J. Walker
The Catch-22 in Prison Privatization: The Problem with the Solution, Ahmed M.T. Riaz
The Need for Software Innovation Policy, Christopher Riley
News Media’s Impact on Perceptions of the Civil Justice System, Hugh M. Robert
Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction, Jim Rossi
A Proposal to Amend Rule 407 of the Federal Rules of Evidence to Conform with the Underlying Relevancy Rationale for the Rule in Negligence and Strict Liability Actions, Ralph Ruebner and Eugene Goryunov
Tearing Down the Great Wall – the New Generation Investment Treaties of the People’s Republic of China, Stephan W. Schill
The Solomon Amendment, Expressive Associations, and Public Employment, Paul Secunda
How Do We Deal with This Mess? A Primer for State and Local Governments on Navigating the Legal Complexities of Debris Issues Following Mass Disasters, Ryan M. Seidemann, Megan K. Terrell, and Christopher D. Matchett
Space Program and Business in India - Legal Perspectives, Shashi Sharma
The Assertion of Attorney Client Privilege by Counsel in Legal Malpractice Cases - Policy, Privilege and the Search for Truth in Cases Involving Implied Waivers, Lawrence M. Steckman
Combating the Ramifications of the USA PATRIOT Act: The Standing Doctrine and the Judiciary’s True Role in the Separation of Powers Scheme , Anthony Michael Stella
Principled Consequentialism, Hamish C. Stewart
Discrimination at Will: Job Security Protections and Equal Employment Opportunity in Conflict, Julie C. Suk
Cyber-Extortion: Duties and Liabilities Related to the Elephant in the Server Room, Adam J. Sulkowski
Yukos Risk: The Double Edged Sword, Joseph Tanega and Dmitry Gololobov
Are All ‘Legal Dollars’ Created Equal?, Doron Teichman and Yuval Feldman
The Government Giveth, and the Government Taketh Away: Patents, Takings, and 28 U.S.C. § 1498, Justin Torres
23(B)(2) Class Certification: Choosing an Approach for Certifying Civil Rights Discrimination Class Action Suits, James T. Tsai
Maryland Political Contribution Loopholes: History, Discussion & Options to Tackle the LLC & “Other Business Entity” Ambiguities, Jeremy D. Tunis
Design Patents: An Alternative When the Low Standards of Copyright are Too High?, Ryan G. Vacca
Dialogic Allocution, Felix Valenzuela
Pandora's Ballot Box, or a Proxy with Moxie? The Majority Voting Amendment to Delaware Corporate Law, John Verret
The Effects of Domestic Legal Institutions on International Trade Flows, Yu Wang
Judicial Review and the War on Terror, John C. Yoo
The New Direct Proximate Cause: How the U.S. Supreme Court Has Attempted to Limit Civil RICO in a Manner Congress Aimed to Protect, Gregory M. Zarin
from 2006
Any Place for Ethnicity? The Liberal State and Immigration, David Abraham