Content Posted in 2010
Accommodating the Public Sphere: Beyond the Market Model, Nan D. Hunter
A Conversation on Federalism and the States: The Balancing Act of Devolution, Peter B. Edelman
Adaptation to the Health Consequences of Climate Change as a Potential Influence on Public Health Law and Policy: From Preparedness to Resilience, Lindsay F. Wiley
"A Decent Respect to the Opinions of Mankind": Referring to Foreign Law to Express American Nationhood, Mark V. Tushnet
A Different Kind of "Republican Moment" in Environmental Law, Richard J. Lazarus
Adrift on the Sea of Indeterminacy, Michael H. Gottesman
Affordable Housing and the Conflict of Competing Goods: A Policy Dilemma, Michael R. Diamond
Affordable Housing, Land Tenure, and Urban Policy: The Matrix Revealed, Michael R. Diamond and J. Peter Byrne
Afterword: The Linkage Problem – Comments on Five Texts, John H. Jackson
Against Citizenship as a Predicate for Basic Rights, David Cole
A Greener Shade of Crimson: Law and the Environment Alumni Forum, Richard J. Lazarus
Aha? Is Creativity Possible in Legal Problem Solving and Teachable in Legal Education?, Carrie Menkel-Meadow
A History Lesson: Reparations for What?, Emma Coleman Jordan
Alarmism Versus Moderation in Responding to the Rehnquist Court, Mark V. Tushnet
Aliens, the Internet, and "Purposeful Availment": A Reassessment of Fifth Amendment Limits on Personal Jurisdiction, Wendy Collins Perdue
Alternative Forms of Judicial Review, Mark V. Tushnet
Analyzing the Bipartisan Campaign Reform Act of 2002, Roy A. Schotland
Anatomy of a Conference Twitter Hashtag: #AALL2010, Roger V. Skalbeck
An Autobiography of a Digital Idea: From Waging War Against Laptops to Engaging Students With Laptops, Diana R. Donahoe
A New Constitutionalism for Liberals?, Mark V. Tushnet
Another Model of Low Income Housing Tax Credit Development: Building Housing and Building Capacity, Michael R. Diamond
Anticompetitive Overbuying by Power Buyers, Steven C. Salop
Antitrust and Intellectual Property: Unresolved Issues at the Heart of the New Economy, Robert Pitofsky
Antonin Scalia, Baruch Spinoza, and the Relationship Between Church and State, Steven Goldberg
"Anything You Say May Be Used Against You": A Proposed Seminar on the Lawyer’s Duty to Warn of Confidentiality’s Limits in Today's Post-Enron World, Paul F. Rothstein
Applying Cost-Benefit to Past Decisions: Was Environmental Protection Ever a Good Idea?, Lisa Heinzerling, Frank Ackerman, and Rachel Massey
A Reexamination of the Distinction Between "Loss-Allocating" and "Conduct-Regulating Rules", Wendy Collins Perdue
Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens?, David Cole
Are Judges Motivated to Create "Good" Securities Fraud Doctrine?, Donald C. Langevoort
A Report Card on the Impeachment: Judging the Institutions that Judged President Clinton, Susan Low Bloch
Are There Nothing But Texts in This Class? Interpreting the Interpretive Turns in Legal Thought, Robin West
Artists Don't Get No Respect: Panel on Attribution and Integrity, Rebecca Tushnet, Jonathan Band, Robert Clarida, and Eugene Mopsik
ASAT-isfaction: Customary International Law and the Regulation of Anti-Satellite Weapons, David A. Koplow
As Freedom Advances: The Paradox of Severity in American Criminal Justice, David Cole
Assessing Laws and Legal Authorities for Obesity Prevention and Control, Lawrence O. Gostin, Jennifer L. Pomeranz, Peter D. Jacobson, and Richard N. Gottfried
A Subversive Strand of the Warren Court, Gary Peller
Asylum in a Different Voice: Judging Immigration Claims and Gender, Carrie Menkel-Meadow
A Theory and Definition of Public Health Law, Lawrence O. Gostin
A Theory of Crimes Against Humanity, David Luban
Attention Must Be Paid: Commercial Speech, User-Generated Ads, and the Challenge of Regulation, Rebecca Tushnet
A Voice of Reason: The Products Liability Scholarship of Gary T. Schwartz, Joseph A. Page
Berle and Means Reconsidered at the Century's Turn, William W. Bratton
Beyond Coercion: Justice Kennedy's Aversion to Animus, Steven Goldberg
Beyond Welfare Reform: Economic Justice in the 21st Century, Peter B. Edelman
Biomedical Research Involving Prisoners: Ethical Values and Legal Regulation, Lawrence O. Gostin
Bishops’ Norms: Commentary and Evaluation, Ladislas M. Örsy
Breaking Down Link Rot: The Chesapeake Project Legal Information Archive’s Examination of URL Stability, Sarah Rhodes
Brief for the Respondants, Holder v. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
Campus Violence: Understanding the Extraordinary Through the Ordinary, Nancy Chi Cantalupo
Can Our Shameful Prisons Be Reformed?, David Cole
Can They Do That? Legal Ethics in Popular Culture: Of Characters and Acts, Carrie Menkel-Meadow
Causation in Torts, Crimes, and Moral Philosophy: A Reply to Professor Thomson, Paul F. Rothstein
Celebrating Tahoe-Sierra, Richard J. Lazarus
Challenges of the New Economy: Issues at the Intersection of Antitrust and Intellectual Property, Robert Pitofsky
Changing Conceptions of Property and Sovereignty in Natural Resources Law: Questioning the Public Trust Doctrine, Richard J. Lazarus
Chasing the Greased Pig Down Wall Street: A Gatekeeper’s Guide to the Psychology, Culture and Ethics of Financial Risk-Taking, Donald C. Langevoort
Claim Re-Construction: The Doctrine of Equivalents in the Post-Markman Era, John R. Thomas
Clients as Teachers, Jane H. Aiken
Climate Change in the Supreme Court, Lisa Heinzerling
Clinical Uncertainty and Healthcare Disparities, Maxwell Gregg Bloche, Ana I. Balsa, Thomas G. McGuire, and Naomi Seiler
Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress, Dakota S. Rudesill
Codes and Hypertext: the Intertextuality of International and Comparative Law, Marylin J. Raisch
Collusion and Collective Action in the Patent System: A Proposal for Patent Bounties, John R. Thomas
Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, Randy E. Barnett
Comment: Copyright's Public-Private Distinction, Julie E. Cohen
Comment on Professor Carrington's Article "The Independence and Democratic Accountability of the Supreme Court of Ohio", Roy A. Schotland
Comments on Warren Grimes: Transparency in Federal Antitrust Enforcement, Robert Pitofsky
Common-Law Disclosure Duties and the Sin of Omission: Testing the Meta-Theories, Kathryn Zeiler and Kimberly D. Krawiec
Community Economic Development: A Reflection on Community, Power and the Law, Michael R. Diamond
Community Lawyering: Revisiting the Old Neighborhood, Michael R. Diamond
Competitive Effects of Partial Ownership: Financial Interest and Corporate Control, Steven C. Salop and Daniel P. O'Brien
Condemnation of Low Income Residential Communities Under the Takings Clause, J. Peter Byrne
Consenting to Form Contracts, Randy E. Barnett
Constitutional Academic Freedom After Grutter: Getting Real about the "Four Freedoms" of a University, J. Peter Byrne
Constitutional Culture or Ordinary Politics: A Reply to Reva Siegel, Robin West
Constitutional Dialogue and Human Dignity: States and Transnational Constitutional Discourse, Vicki C. Jackson
Constitutional Legitimacy, Randy E. Barnett
Constitutions as "Living Trees"? Comparative Constitutional Law and Interpretive Metaphors, Vicki C. Jackson
Constitution-Talk and Justice-Talk, Mark V. Tushnet
Constitutive Commitments and Roosevelt's Second Bill of Rights: A Dialogue, Randy E. Barnett and Cass R. Sunstein
Contracting for Cooperation in Recovery, Gregory Klass
Cook v. Gralike: Easy Cases and Structural Reasoning, Vicki C. Jackson
Coordinating Loan Repayment Assistance Programs with New Federal Legislation, Philip G. Schrag and Charles Pruett
Copyright and the Perfect Curve, Julie E. Cohen
Corporate Norms and Contemporary Law Firm Practice, Milton C. Regan
Correspondences and Contradictions in International and Domestic Conflict Resolution: Lessons From General Theory and Varied Contexts, Carrie Menkel-Meadow
Counting Votes and Discounting Holdings in the Supreme Court's Takings Cases, Richard J. Lazarus
Creativity and Culture in Copyright Theory, Julie E. Cohen
Cross-Border Insider Trading, Donald C. Langevoort
Crossing the River of Blood Between Us: Lynching, Violence, Beauty, and the Paradox of Feminist History, Emma Coleman Jordan
Crystals and Mud in Nature, Richard J. Lazarus
Cutter and the Preferred Position of the Free Exercise Clause, Steven Goldberg
David Feller, Senior Partner, Michael H. Gottesman
David Luban, Review of Daniel Markovits, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age, David Luban
Dean Mary Daly: A Tribute, William Michael Treanor
Deconstructing Section 11: Public Offering Liability in a Continuous Disclosure Environment, Donald C. Langevoort
Defending and Despairing: The Agony of Juvenile Defense, Abbe Smith
Defending a Rule of Institutional Autonomy on "No-Harm" Grounds, Mark V. Tushnet
Defending Congress, Seth P. Waxman
Defending Defending: The Case for Unmitigated Zeal on Behalf of People Who Do Terrible Things, Abbe Smith
Defending Korematsu?: Reflections on Civil Liberties in Wartime, Mark V. Tushnet
Defending the Innocent, Abbe Smith
Defending the Unpopular Down-Under, Abbe Smith
Defense-Oriented Judges, Abbe Smith
Deliberate Extinction: Whether to Destroy the Last Smallpox Virus, David A. Koplow
Democracy, Race, and Multiculturalism in the Twenty-First Century: Will the Voting Rights Act Ever be Obsolete?, Sheryll Cashin
Demystifying Disclosure: First Steps, Ronald A. Pearlman
Desperately Seeking a Moralist, Robin West
Disability, Federalism, and a Court with an Eccentric Mission, Michael H. Gottesman
Discrimination Based on HIV/AIDS and Other Conditions: "Disability" As Defined Under Federal and State Law, Lawrence O. Gostin and David W. Webber
Do Charter Schools Threaten Public Education? Emerging Evidence from Fifteen Years of a Quasi-Market for Schooling, James Forman Jr.
Domain and Forum: Public Space, Public Freedom, Rebecca Tushnet
Domestic Violence in Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, and Sue Shin
DRM and Privacy, Julie E. Cohen
Due Process Land Use Claims After Lingle, J. Peter Byrne
Edmund Burke, John Whyte and Themes in Canadian Constitutional Culture, David Schneiderman
Educating Lawyers for the Global Economy: National Challenges, Carole Silver
Eliminating Trade Remedies from the WTO: Lessons from Regional Trade Agreements, Tania Voon
Embryonic Stem Cell Research as an Ethical Issue: On the Emptiness of Symbolic Value, Kevin P. Quinn
Empirical Health Law Scholarship: The State of the Field, Michelle M. Mello and Kathryn Zeiler
Enhancing the Senses: How Technological Advances Shape Our View of the Law, Steven Goldberg
Environmental Law and the Supreme Court: Three Years Later, Richard J. Lazarus
“Environmental Racism! That’s What It Is.”, Richard J. Lazarus
Equality in the War on Terror, Neal K. Katyal
Erasure and Recognition: The Census, Race and the National Imagination, Naomi Mezey
Eroding Confidentiality in Delinquency Proceedings: Should Schools and Public Housing Authorities Be Notified?, Kristin N. Henning
Escaping the Expression-Equality Conundrum: Toward Anti-Orthodoxy and Inclusion, Nan D. Hunter
Ethics, Law Firms, and Legal Education, Milton C. Regan
Evidence Issues in Domestic Violence Civil Cases, Jane H. Aiken and Jane C. Murphy
Exclusionary Conduct, Effect on Consumers, and the Flawed Profit-Sacrifice Standard, Steven C. Salop
Exporting Harshness: How the War on Crime Helped Make the War on Terror Possible, James Forman Jr.
Expressive Identity: Recuperating Dissent for Equality, Nan D. Hunter
Father Charles Whelan: A Career in the Service of Others, William Michael Treanor
Faulty Adversarial Performance by Criminal Defenders in the Crown Court, Peter W. Tague
Federalism and International Human Rights in the New Constitutional Order, Mark V. Tushnet
Federalism, Law Enforcement, and the Supremacy Clause: The Strange Case of Ruby Ridge, Seth P. Waxman
Federal Student Loan Repayment Assistance for Public Interest Lawyers and other Employees of Governments and Nonprofit Organizations, Philip G. Schrag
Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, Jill Elaine Hasday
Finding the Middle Ground in Collection Development: How Academic Law Libraries Can Shape Their Collections in Response to the Call for More Practice-Oriented Legal Education, Leslie A. Street and Amanda M. Runyon
Following Only Some of the Money in Russia, Ethan S. Burger
Foreword: Law, Psychology, and the Emotions, Heidi Li Feldman
Foreword: Revisiting Gilson and Kraakman’s Efficiency Story, Donald C. Langevoort
Foreword: What's So Wicked About Lochner?, Randy E. Barnett
Formalism, Realism, and the War on Drugs, David Cole
Free Speech at What Cost?: Snyder v. Phelps and Speech-Based Tort Liability, Jeffrey Shulman
Friends Newsletter, Spring, 2010, Georgetown University Law Center
From a Civil Libertarian to a Sanitarian: “A Life of Learning”, Lawrence O. Gostin
Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum
Glimpses of the Priest as Dean, Legislator, and Friend, Paul F. Rothstein
Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell and Elizabeth Sheargold
Globalization and Federalism in a Post-Printz World, Mark V. Tushnet
Global Regulatory Strategies for Tobacco Control, Lawrence O. Gostin
Governing Board Accountability: Competition, Regulation and Accreditation, Judith C. Areen
Government as Educator: A New Understanding of First Amendment Protection of Academic Freedom and Governance, Judith C. Areen
Government Relations Office and Copyright Committee, AALL Issue Brief 2010-5, Roger V. Skalbeck and Jennifer Wondracek
Grading Justice Kennedy: A Reply to Professor Carpenter, Randy E. Barnett
Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services, Lawrence O. Gostin and James G. Hodge Jr.
Hanging With the Wrong Crowd: Of Gangs, Terrorists, and the Right of Association, David Cole
Hard Choices: Thoughts for New Lawyers, David C. Vladeck
Health Care Reform — A Historic Moment in US Social Policy, Lawrence O. Gostin and Elenora E. Connors
Health Care Reform in Transition: Incremental Insurance Reform Without an Individual Mandate, Lawrence O. Gostin and Elenora E. Connors
Hope and Betrayal on Death Row, David Cole
How Must a Lawyer Be? A Response to Woolley and Wendel, David Luban
How Should Colleges and Universities Respond to Peer Sexual Violence on Campus? What the Current Legal Environment Tells Us, Nancy Chi Cantalupo
Human Capabilities and Human Authorities: A Comment on Martha Nussbaum’s Women and Human Development, Robin West
Human Nature, the Laws of Nature, and the Nature of Environmental Law, Richard J. Lazarus
Hybrid Vigor: Mashups, Cyborgs, and Other Necessary Monsters, Rebecca Tushnet
Impacts of White, Roy A. Schotland
Impeachment as Congressional Constitutional Interpretation, Neal K. Katyal
Implementing Public Health Regulations in Developing Countries: Lessons from the OECD Countries, Lawrence O. Gostin, Emily A. Mok, Monica Das Gupta, and Max Levin
Improving Laws and Legal Authorities for Obesity Prevention and Control, Lawrence O. Gostin and Jennifer L. Pomeranz
In Aid of Removal: Due Process Limits on Immigration Detention, David Cole
Informal Law-Making in England by the Twelve Judges in the Late 18th and Early 19th Centuries, James Oldham
Innocence Commissions and the Future of Post-Conviction Review, David Wolitz
Integrity: Its Causes and Cures, David Luban
Internal Controls After Sarbanes-Oxley: Revisiting Corporate Law's "Duty of Care as Responsibility for Systems", Donald C. Langevoort
International Law Status of WTO Dispute Settlement Reports: Obligation to Comply or Option to "Buy Out"?, John H. Jackson
Interpreting Constitutions Comparatively: Some Cautionary Notes, with Reference to Affirmative Action, Mark V. Tushnet
In the Shadow of Daniel Webster: Arguing Appeals in the Twenty-First Century, Seth P. Waxman
Introduction: Integrity in the Law: In Honor of John D. Feerick Symposium, William Michael Treanor
Introduction: One Hundred Years of International Law at Fordham University, William Michael Treanor
Introduction: Rawls and the Law, William Michael Treanor
Introduction: The Jurisprudence of Justice Stevens Symposium, William Michael Treanor
Invoking State Responsibility in the Twenty-First Century, Edith Brown Weiss
I Put You There: User-Generated Content and Anticircumvention, Rebecca Tushnet
Is Law an Economic Contest? French Reactions to the Doing Business World Bank Reports and Economic Analysis of the Law, Anne-Julie Kerhuel and Bénédicte Fauvarque-Cosson
Is Law? Constitutional Crisis and Existential Anxiety, Alice G. Ristroph
Is the Rule of Law Cosmopolitan?, Robin West
It's a Bird, It's a Plane, No, It's Super Precedent: A Response to Faber and Gerhardt, Randy E. Barnett
It Takes a Lawyer to Raise a Child?: Allocating Responsibilities Among Parents, Children, and Lawyers in Delinquency Cases, Kristin N. Henning
Judge Sonia Sotomayor’s Tax Opinions, Stephen B. Cohen
Judges' Pay: A Chasm Far Worse than Realized, and Worsening, Roy A. Schotland
Judging Environmental Law, Richard J. Lazarus
Judging the Next Emergency: Judicial Review and Individual Rights in Times of Crisis, David Cole
Judicial Campaign Conduct Committees, Roy A. Schotland and Barbara Reed
Judicial Elections and Campaign Finance Reform, Roy A. Schotland
Judicial Review in the United States and in the WTO: Some Similarities and Differences, Carlos Manuel Vázquez
Just Do It, Girardeau A. Spann
Justice Blackmun, Abortion, and the Myth of Medical Independence, Nan D. Hunter
"Just Like a Tree Planted by the Waters, I Shall Not Be Moved": Charles Ogletree, Jr., and the Plain Virtues of Lawyering for Racial Equality, Emma Coleman Jordan
Katrina, the Constitution, and the Legal Question Doctrine, Robin West
Kennewick Man and the Meaning of Life, Steven Goldberg
Knowing Killing and Environmental Law, Lisa Heinzerling
Labor Flexibility, Legal Reform and Economic Development, Alvaro Santos
Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine, Mark V. Tushnet
Law as a Tool to Facilitate Healthier Lifestyles and Prevent Obesity, Lawrence O. Gostin
Law As Culture, Naomi Mezey
Law as Social Work, Jane H. Aiken and Stephen Wizner
Lawfare and Legal Ethics in Guantánamo, David Luban
Law, Marriage, and Intimate Commitment, Milton C. Regan
Lawyers as Upholders of Human Dignity (When They Aren't Busy Assaulting It), David Luban
Left Out, Louis Michael Seidman
Lessons From a Story Untold: Nike v. Kasky Reconsidered, David C. Vladeck
Lessons from Nepal: Partnership, Privilege and Potential, Jane H. Aiken
Less than Zero?, Carlos Manuel Vázquez
Leveling the Playing Field: Federal Rules of Evidence 412 & 415: Evidence Class as a Platform for Larger (More Important) Lessons, Jane H. Aiken
Liberalism, Torture, and the Ticking Bomb, David Luban
Liberty and Property in the Patent Law, John R. Thomas
Limiting Raich, Randy E. Barnett
Litigation Campaigns and the Search for Constitutional Rules, Mark V. Tushnet
Living with Lawrence, Nan D. Hunter
Making Self-Regulation More Than Merely Symbolic: The Critical Role of the Legal Environment, Jodi Short and Michael W. Toffel
Making Sense of the Establishment Clause, Jeffrey Shulman
Mapping the Issues: Public Health, Law and Ethics, Lawrence O. Gostin
Marbury v. Madison Around the World, Mark V. Tushnet
Meeting Basic Survival Needs of the World's Least Healthy People: Toward a Framework Convention on Global Health, Lawrence O. Gostin
"Meet the New Boss": The New Judicial Center, Mark V. Tushnet
Minnesota Wild, Lisa Heinzerling
Missouri v. Holland’s Second Holding, Carlos Manuel Vázquez
Modernizing Muslim Family Law: The Case of Egypt, Lama Abu-Odeh
Moral Conflict and Liberty: Gay Rights and Religion, Chai R. Feldblum
Moral Intuitions and Organizational Culture, Milton C. Regan
MRIs and the Perception of Risk, Steven Goldberg
My Fair Ladies : Sex, Gender, and Fair Use in Copyright, Rebecca Tushnet
My Library: Copyright and the Role of Institutions in a Peer-to-Peer World, Rebecca Tushnet
Myth, Reality Past and Present, and Judicial Elections, Roy A. Schotland
Naming Rights: Attribution and Law, Rebecca Tushnet
National and Global Responsibilities for Health, Lawrence O. Gostin, Mark Heywood, Gorik Ooms, Anand Grover, John-Arne Røttingen, and Wang Chenguang
Neuroscience and the Free Exercise of Religion, Steven Goldberg
Neutralizing Grutter, Girardeau A. Spann
Never Trust a Corporation, William W. Bratton
New Forms of Judicial Review and the Persistence of Rights - And Democracy-Based Worries, Mark V. Tushnet
New Rules for Promissory Fraud, Gregory Klass and Ian Ayres
No Equal Justice, David Cole
Non-Judicial Review, Mark V. Tushnet
No Ordinary Success: The Boundaries of School Reform, James Forman Jr.
No Reason to Believe: Radical Skepticism, Emergency Power, and Constitutional Constraint, David Cole
On Causation, Mari J. Matsuda
On Leaving Corporate Executives "Naked, Homeless and Without Wheels": Corporate Fraud, Equitable Remedies, and the Debate Over Entity Versus Individual Liability, Donald C. Langevoort
On the Question of a Complexity Exception to the Seventh Amendment Guarantee of Trial by Jury, James Oldham
Open Access and the First Amendment: A Critique of Comcast Cablevision of Broward County, Inc. v. Broward County, David Wolitz
Our Other Reproductive Choices: Equality in Sex Education, Contraceptive Access, and Work-Family Policy, Cornelia T. Pillard
Out of Bounds, Louis Michael Seidman
Out of the Shadows: Preventive Detention, Suspected Terrorists, and War, David Cole
Overcoming Property: Does Copyright Trump Privacy?, Julie E. Cohen
Overcoming Resistance to Diversity in the Executive Suite: Grease, Grit, and the Corporate Tournament, Donald C. Langevoort
Pandemic Influenza: Ethics, Law, and the Public's Health, Lawrence O. Gostin and Benjamin E. Berkman
Panel 1: KSR V. TELEFLEX: The Nonobviousness Requirement of Patentability, John R. Thomas, John Richards, Herbert F. Schwartz, and Steven J. Lee
Panel II: Public Appropriation of Private Rights: Pursuing Internet Copyright Violators, Rebecca Tushnet, Michael Carlinsky, Justin Hughes, and Sonia Katyal
Panel Presentation: Securities Regulation and Corporate Responsibility, Donald C. Langevoort
Paradigm Lost: Recapturing Classical Rhetoric to Validate Legal Reasoning, Kristen Konrad Robbins-Tiscione
Pari Passu and A Distressed Sovereign's Rational Choices, William W. Bratton
Patent Scope and Innovation in the Software Industry, Julie E. Cohen and Mark A. Lemley
Peace and Justice: Notes on the Evolution and Purposes of Legal Processes, Carrie Menkel-Meadow
Peace in the Valley: For Chris Iijima, Mari J. Matsuda
Personal Privacy and Common Goods: A Framework for Balancing Under the National Health Information Privacy Rule, Lawrence O. Gostin and James G. Hodge Jr.
Planet Asian America, Mari J. Matsuda
‘Plucking the Mask of Mystery from its Face’: Jurisprudence and H.L.A. Hart, John Mikhail
Political Power and Judicial Power: Some Observations on Their Relation, Mark V. Tushnet
Popular Constitutionalism As Political Law, Mark V. Tushnet
Poverty and Welfare Policy in the Post-Clinton Era, Peter B. Edelman
Poverty & Welfare: Does Compassionate Conservatism Have a Heart?, Peter B. Edelman
Practicing "In the Interests of Justice" in the Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Pragmatism and Judgment: A Comment on Lund, Mark V. Tushnet
Prescription for Failure: Health & Intellectual Property in the Dominican Republic, Georgetown University Law Center, Human Rights Institute
Private Litigation to Enforce Fiduciary Duties in Mutual Funds: Derivative Suits, Disinterested Directors and the Ideology of Investor Sovereignty, Donald C. Langevoort
Private Standards, Public Governance: A New Look at the Financial Accounting Standards Board, William W. Bratton
Procedural Justice: Tempering the State’s Response to Domestic Violence, Deborah Epstein
Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts, Carrie Menkel-Meadow and Bryant Garth
Process Theory, Majoritarianism, and the Original Understanding, William Michael Treanor
Promissory Fraud Without Breach, Gregory Klass and Ian Ayres
Proposed Legislation on Judicial Election Campaign Finance, Roy A. Schotland
Protecting Plaintiffs' Sexual Pasts: Coping with Preconceptions Through Discretion, Jane H. Aiken
Provocateurs for Justice, Jane H. Aiken
Prudence, Benevolence, and Negligence: Virtue Ethics and Tort Law, Heidi Li Feldman
Punishing Pharmaceutical Companies for Unlawful Promotion of Approved Drugs: Why the False Claims Act is the Wrong Rx, Vicki W. Girard
Pursuing "Environmental Justice": The Distributional Effects of Environmental Protection, Richard J. Lazarus
Putting the Correct "Spin" on Lucas, Richard J. Lazarus
Race, Class and Criminal Prosecutions: The Supreme Court’s Role in Targeting Minorities, David Cole
Reading Stoneridge Carefully: A Duty-based Approach to Reliance and Third Party Liability Under Rule 10b-5, Donald C. Langevoort
Reconsidering Legalism, Robin West
Rectifying the Tilt: Equality Lessons from Religion, Disability, Sexual Orientation, and Transgender, Chai R. Feldblum
Redressing the Unconscionable Health Gap: A Global Plan for Justice, Lawrence O. Gostin
Reducing Distracted Driving: Regulation and Education to Avert Traffic Injuries and Fatalities, Lawrence O. Gostin and Peter D. Jacobson
Referring to Foreign Law in Constitutional Interpretation: An Episode in the Culture Wars, Mark V. Tushnet
Reflections on Scienter (and the Securities Fraud Case Against Martha Stewart that Never Happened), Donald C. Langevoort
Reforming the Taxation of Deferred Compensation, Ethan Yale and Gregg D. Polsky
Regulatory Takings and "Judicial Supremacy", J. Peter Byrne
Remarks of Seth P. Waxman at the Memorial Observance for Justice Byron R. White, United States Supreme Court, Seth P. Waxman
Remembrance of Things Past? The Relationship of Past to Future in Pursuing Justice in Mediation, Carrie Menkel-Meadow
Republican Party of Minnesota v. White: Should Judges Be More Like Politicians?, Roy A. Schotland
Restoring Health to Health Reform, Lawrence O. Gostin and Peter D. Jacobson
Restoring the Lost Constitution, Not the Constitution in Exile, Randy E. Barnett
Restoring What’s Environmental About Environmental Law in the Supreme Court, Richard J. Lazarus
Reviving the Nixon Doctrine: NSA Spying, the Commander-In-Chief, and Excutive Power in the War on Terror, David Cole
Rex E. Lee Conference on the Office of the Solicitor General of the United States: Clinton II Panel, Seth P. Waxman, Walter E. Dellinger III, Barbara D. Underwood, and Michael R. Dreeben
Rex E. Lee Conference on the Office of the Solicitor General of the United States: Panel for Former Solicitors General, Seth P. Waxman, Walter E. Dellinger III, Kenneth W. Starr, Charles Fried, and Drew S. Days III
Rights, Capabilities, and the Good Society, Robin West
Rights Over Borders: Transnational Constitutionalism and Guantanamo Bay, David Cole
Rights Talk and Patient Subjectivity: The Role of Autonomy, Equality and Participation Norms, Nan D. Hunter
Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne
Risk Governance and Deliberative Democracy in Health Care, Nan D. Hunter
Risking It All, Lisa Heinzerling
Risky Business, Milton C. Regan
Roscoe Pound, Melvin Belli, and the Personal-Injury Bar: The Tale of an Odd Coupling, Joseph A. Page
SARS and International Legal Preparedness, Lawrence O. Gostin, Jason W. Sapsin, Jon S. Vernick, Stephen P. Teret, and Scott Burris
Screening the Law: Ideology and Law in American Popular Culture, Naomi Mezey and Mark C. Niles
Secrecy, Guilt by Association, and the Terrorist Profile, David Cole
Security and Freedom: Are the Governments' Efforts to Deal With Terrorism Violative of Our Freedoms?, David Cole
Seeking Sunlight in Santa Fe's Shadow: The SEC's Pursuit of Managerial Accountability, Donald C. Langevoort
Self-Historicism, Mark V. Tushnet
Sexuality and Civil Rights: Re-Imagining Anti-Discrimination Laws, Nan D. Hunter
Sexual Orientation and the Paradox of Heightened Scrutiny, Nan D. Hunter
"Shut Up He Explained", Mark V. Tushnet
"Sir, Yes, Sir!": The Courts, Congress and Structural Injunctions, Mark V. Tushnet
Solicitors General Panel on the Legacy of the Rehnquist Court, Seth P. Waxman, Walter E. Dellinger III, Maureen Mahoney, Theodore Olson, and Drew S. Days III
Some Legacies of Brown v. Board of Education, Mark V. Tushnet
Someplace Between Philosophy and Economics: Legitimacy and Good Corporate Lawyering, Donald C. Langevoort
Sovereignty - Modern: A New Approach to an Outdated Concept, John H. Jackson
Speech, Silence, and Ethical Lives in the Law, Robin West
Spiritual Custody: Relational Rights and Constitutional Commitments, Jeffrey Shulman
Subconstitutional Constitutional Law: Supplement, Sham, or Substitute?, Mark V. Tushnet
Suing the Federal Government: Sovereignty, Immunity, and Judicial Independence, Vicki C. Jackson
Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future, Richard J. Lazarus
Supreme Court of the United States, October Term 2009 Preview, Update: February 22, 2010, Georgetown University Law Center, Supreme Court Institute
Supreme Court of the United States, October Term 2010 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Court of the United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute
Taking Myths Seriously: An Essay For Lawyers, Donald C. Langevoort
Taking Out the Adversary: The Assault on Progressive Public Interest Lawyers, David Luban
TANF Reauthorization: Is Congress Acting on What We Have Learned?, Peter B. Edelman
Teaching and Doing: The Role of Law School Clinics in Enhancing Access to Justice, Jane H. Aiken and Stephen Wizner
Teaching Enron, Milton C. Regan
Teaching Evidence, Paul F. Rothstein
Technological Evolution and the Devolution of Corporate Financial Reporting, Donald C. Langevoort
Technology Unbound: Will Funded Libertarianism Dominate the Future?, Steven Goldberg
Telling Stories in School: Using Case Studies and Stories to Teach Legal Ethics, Carrie Menkel-Meadow
Terror Financing, Guilt by Association and the Paradigm of Prevention in the ‘War on Terror’, David Cole
That Wonderful Year: Smallpox, Genetic Engineering, and Bio-Terrorism, David A. Koplow
The Bakaly Debacle: The Role of the Press in High-Profile Criminal Investigations, Julie R. O'Sullivan
The Behavioral Economics of Mergers and Acquisitions, Donald C. Langevoort
The Book of Job and the Role of Uncertainty in Religion and Law, Steven Goldberg
The Canon(s) of Constitutional Law: An Introduction, Mark V. Tushnet
The Case for Social Rights, Virginia Mantouvalou
The Coiled Serpent of Argument: Reason, Authority, and Law in a Talmudic Tale, David Luban
The Competitive Effects of Passive Minority Equity Interests: Reply, Steven C. Salop and Daniel P. O'Brien
The Conscience of a Prosecutor, David Luban
The Constitution of Civil Society, Mark V. Tushnet
The "Constitution Restoration Act" and Judicial Independence: Some Observations, Mark V. Tushnet
The Dark Side of Grutter, Girardeau A. Spann
The Difference in Criminal Defense and the Difference It Makes, Abbe Smith
The Dignity and Humanity of Bruce Springsteen's Criminals, Abbe Smith
The DOJ Risks Killing the Golden Goose Through Computer Associates/Singleton Theories of Obstruction, Julie R. O'Sullivan
The Effect of the United States Supreme Court's Eleventh Amendment Jurisprudence on Clean Water Act Citizen Suits: Muddied Waters, Hope M. Babcock
The Emergent Logic of Health Law, Maxwell Gregg Bloche
The Essential Facilities Doctrine Under United States Antitrust Law, Robert Pitofsky, Donna Patterson, and Jonathan Hooks
The Federal “Claim” in the District Courts: Osborn, Verlinden, and Protective Jurisdiction, Carlos Manuel Vázquez
The Federal Income-Contingent Repayment Option for Law Student Loans, Philip G. Schrag
The First Principles Approach to Antitrust, Kodak, and Antitrust at the Millenium, Steven C. Salop
The Gifts of Mary Dunlap (1949-2003), Wendy Webster Williams
The Global Reach of HIV/AIDS: Science, Politics, Economics, and Research, Lawrence O. Gostin
The Greening of America and the Graying of United States Environmental Law: Reflections on Environmental Law’s First Three Decades in the United States, Richard J. Lazarus
The Human Rights of Persons with Mental Disabilities: A Global Perspective on the Application of Human Rights Principles to Mental Health, Lawrence O. Gostin and Lance Gable
The Idea of Humanity: Human Rights and Immigrants' Rights, David Cole
The Impact on Director and Officer Behavior: Reflective Essays, Donald C. Langevoort
The Inside Scoop: What Federal Judges Really Think about the Way Lawyers Write, Kristen Konrad Robbins-Tiscione
The Invention of Health Law, Maxwell Gregg Bloche
The Joint Action and Learning Initiative on National and Global Responsibilities for Health, Lawrence O. Gostin, Gorik Ooms, Mark Heywood, Just Haffeld, Sigrun Møgedal, John-Arne Røttingen, Eric A. Friedman, and Harald Siem
The Joy of Teaching Legislation, Chai R. Feldblum
The Lawless Adjudicator, Robin West
The Lawyer As Consensus Builder: Ethics For a New Practice, Carrie Menkel-Meadow
The Lawyer's Role(s) in Deliberative Democracy, Carrie Menkel-Meadow
The Liberal Legacy of Bush v. Gore, David Cole
The Limits of Being "Present at the Creation", Roy A. Schotland
The Marbury Mystery: Why Did William Marbury Sue in the Supreme Court?, Susan Low Bloch
The Meaning and Nature of Property: Homeownership and Shared Equity in the Context of Poverty, Michael R. Diamond
The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court, Richard J. Lazarus
The Misuse of Textualism: A Further Reply to Prof. Kahn, Stephen B. Cohen
The "Monster" in All of Us: When Victims Become Perpetrators, Abbe Smith
The National Individual Health Insurance Mandate: Ethics and the Constitution, Lawrence O. Gostin
The Nationalization of Health Information Privacy Protections, Lawrence O. Gostin, James G. Hodge Jr., and Lauren Marks
The New Imperialism: Violence, Norms, and the "Rule of Law", Rosa Ehrenreich Brooks
The New McCarthyism: Repeating History in the War in Terrorism, David Cole
The Non-Monetary Value of Reparations Rhetoric, Emma Coleman Jordan
The O’Neill Institute for National and Global Health Law: Discovering Innovative Solutions for the Most Pressing Health Problems Facing the Nation and the World, Lawrence O. Gostin, Oscar A. Cabrera, and Susan C. Kim
The Organizational Psychology of Hyper-Competition: Corporate Irresponsibility and the Lessons of Enron, Donald C. Langevoort
The Original Meaning of the Necessary and Proper Clause, Randy E. Barnett
The Original Understanding of the Takings Clause, William Michael Treanor
The Outrageous God: Emotional Distress, Tort Liability, and the Limits of Religious Advocacy, Jeffrey Shulman
The People or the State?: Chisholm v. Georgia and Popular Sovereignty, Randy E. Barnett
The Place of the User in Copyright Law, Julie E. Cohen
The Planetary Trust: Conservation and Intergenerational Equity, Edith Brown Weiss
The Politics of Embryonic Discourse, Kevin P. Quinn
The Politics of (Mis)recognition: Islamic Law Pedagogy in American Academia, Lama Abu-Odeh
The Poverty of Posner's Pragmatism: Balancing Away Liberty After 9/11, David Cole
The President’s Global Health Initiative, Lawrence O. Gostin and Emily A. Mok
The Presumption of Liberty and the Public Interest: Medical Marijuana and Fundamental Rights, Randy E. Barnett
The Promise and Precondition of Educational Autonomy, Neal K. Katyal
The Public and Private Lives of Presidents, Neal K. Katyal
The Public Health Improvement Process in Alaska: Toward a Model Public Health Law, Lawrence O. Gostin and James G. Hodge Jr.
The Responsibility of the RuleMaker: Comparative Approaches to Patent Administration Reform, John R. Thomas
The Rights of Statistical People, Lisa Heinzerling
The Right to Bear Arms: A Uniquely American Entitlement, Lawrence O. Gostin
The Right to Liberty in a Good Society, Randy E. Barnett and Douglas B. Rasmussen
The Rise and Fall of School Vouchers: A Story of Religion, Race, and Politics, James Forman Jr.
The Rise or the Fall of International Law?, Edith Brown Weiss
The Roberts Court vs. Free Speech, David Cole
The Rule of Law and Human Dignity: Reexamining Fuller’s Canons, David Luban
The Sacrificial Yoo: Accounting for Torture in the OPR Report, David Cole
The Separation of Powers as a Safeguard of Nationalism, Carlos Manuel Vázquez
The Shadow of State Secrets, Laura K. Donohue
The Social Construction of Sarbanes-Oxley, Donald C. Langevoort
The Subjects of the Constitution, Nicholas Quinn Rosenkranz
The "Tobacco Wars" - Global Litigation Strategies, Lawrence O. Gostin
The Tragedy of Distrust in the Implementation of Federal Environmental Law, Richard J. Lazarus
The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin
The Unfulfilled Promise of the Constitution in Executive Hands, Cornelia T. Pillard
The Very Idea of a First Amendment Right Against Compelled Subsidization, Gregory Klass
They Did Authorize Torture, But..., David Cole
Thinking About the Constitution at the Cusp, Mark V. Tushnet
Thirty Years of Environmental Protection Law in the Supreme Court, Richard J. Lazarus
Three Pictures of Contract: Duty, Power and Compound Rule, Gregory Klass
Three Transnational Discourses of Labor Law in Domestic Reforms, Alvaro Santos
Tom Paine's Constitution, Robin West
Too Much Heart and Not Enough Heat: The Short Life and Fractured Ego of the Empathic, Heroic Public Defender, Abbe Smith
Top 10 Law School Home Pages of 2009, Roger Skalbeck
Tortious Toxics, Lisa Heinzerling and Cameron Powers Hoffman
Torture and the Professions, David Luban
Trademark Law as Commercial Speech Regulations, Rebecca Tushnet
Travaux Preparatoires and United Nations Treaties or Conventions: Using the Web Wisely, Marylin J. Raisch
Tribute to Norman Dorsen, Robert Pitofsky
Trumping Precedent With Original Meaning: Not As Radical As It Sounds, Randy E. Barnett
Twins at Birth: Civil Rights and the Role of the Solicitor General, Seth P. Waxman
Two Views of the River: A Critique of the Liberal Defense of Affirmative Action, Charles R. Lawrence III
Unconscious Racism Revisited: Reflections on the Impact and Origins of "The Id, the Ego, and Equal Protection", Charles R. Lawrence III
Unenumerated Duties, Robin West
Unitariness and Myopia: The Executive Branch, Legal Process and Torture, Cornelia T. Pillard
Using Law and Education to Make Human Rights Real in Women’s Real Lives, Nancy Chi Cantalupo
Venture Capital on the Downside: Preferred Stock and Corporate Control, William W. Bratton
Washington, D.C. Movable Feast: The Odds on Leviathan - Dispute Resolution and Washington D.C.'s Culture, Carrie Menkel-Meadow
Weak-Form Judicial Review and "Core" Civil Liberties, Mark V. Tushnet
Welfare, Dialectic, and Mediation in Corporate Law, William W. Bratton
Wellington’s Labors, Michael H. Gottesman
What Courts Can Do in the Face of the Never-Ending Asbestos Crisis, Paul F. Rothstein
What Does Social Justice Require For The Public’s Health? Public Health Ethics And Policy Imperatives, Lawrence O. Gostin and Madison Powers
What's So Bad About Bush v. Gore? An Essay on Our Unsettled Election, Louis Michael Seidman
What’s Wrong With Victims’ Rights in Juvenile Court?: Retributive v. Rehabilitative Systems of Justice, Kristin N. Henning
What Would It Take to Feel Safe?, Mari J. Matsuda
What Yoder Wrought: Religious Disparagement, Parental Alienation and the Best Interests of the Child, Jeffrey Shulman
When Are Capitalization Exceptions Justified?, Ethan Yale
Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment, Randy E. Barnett
When Is Knowing Less Better than Knowing More? Unpacking the Controversy over Supreme Court Reference to Non-U.S. Law, Mark V. Tushnet
When Lawyers and Law Firms Invest in Their Corporate Clients’ Stock, Donald C. Langevoort
When Litigation Is Not the Only Way: Consensus Building and Mediation As Public Interest Lawyering, Carrie Menkel-Meadow
When Winning Isn’t Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow
Who Is Excellent?, Mari J. Matsuda
Who Is the Child Left Behind? The Racial Meaning of the New School Reform, Charles R. Lawrence III
Whom Do You Trust? A Reply to Prof. Kahn, Stephen B. Cohen
Why Care About Mass Incarceration?, James Forman Jr.
Why Civil Rights Lawyers Should Study Tax, Stephen B. Cohen and Laura Sager
Why Doesn't She Leave? The Collision of First Amendment Rights and Effective Court Remedies for Victims of Domestic Violence, Laurie S. Kohn
Writing Off Race, Girardeau A. Spann