Content Posted in 2012
A Civic-Republican Vision of "Domestic Dependent Nations" in the Twenty-First Century: Tribal Sovereignty Re-Envisioned, Reinvigorated, and Re-Empowered, Hope M. Babcock
A Civil Liberties Analysis of Surrogacy Arrangements, Lawrence O. Gostin
A Decade of a Maturing Epidemic: An Assessment and Directions for Future Public Policy, Lawrence O. Gostin
A Decision Theory of Statutory Interpretation: Legislative History by the Rules, Victoria Nourse
Administering the Clean Water Act: Do Regulators Have "Bigger Fish to Fry" When it Comes to Addressing the Practice of Chumming on the Chesapeake Bay?, Hope M. Babcock
Advancing Social Justice as Lawyers: And How Social Media Can Be Part of Your Effort, Chai R. Feldblum
Advisory Adjudication, Girardeau A. Spann
Affirmative Inaction, Girardeau A. Spann
Affordable Care Act Litigation: The Supreme Court and the Future of Health Care Reform, Lawrence O. Gostin and Kelli K. Garcia
Affordable Care Act Litigation: The Supreme Court and the Future of Health Care Reform, Lawrence O. Gostin and Kelli K. Garcia
A Framework Convention on Global Health: Health for All, Justice for All, Lawrence O. Gostin
A Framework Convention on Global Health: Health for All, Justice for All, Lawrence O. Gostin
After the Reasonable Man: Getting Over the Subjectivity Objectivity Question, Victoria Nourse
Against Flexibility, David A. Super
Against Textualism, William Michael Treanor
A Journey from the Heart of Apartheid Darkness Towards a Just Society: Salient Features of the Budding Constitutionalism and Jurisprudence of South Africa, Dikgang Moseneke
Alien Tort Claims and the Status of Customary International Law, Carlos Manuel Vázquez
Allocation Rules and the Stability of Mass Tort Class Actions, Joshua C. Teitelbaum
Altmann v. Austria and the Retroactivity of the Foreign Sovereign Immunities Act, Carlos Manuel Vázquez
A Marriage is a Marriage is a Marriage: The Limits of Perry v. Brown, Robin West
A Mental Patient's Right to Vote: An Analysis of the Wild Case, Lawrence O. Gostin
A Migrants' Bill of Rights—Between Restatement and Manifesto, Gerald Neuman
A Moment in Human Development: Legal Protection, Ethical Standards and Social Policy on the Selective Non-Treatment of Handicapped Neonates, Lawrence O. Gostin
Analogical Legal Reasoning: Theory and Evidence, Joshua C. Teitelbaum
An Alternative Public Health Vision for a National Drug Strategy: "Treatment Works", Lawrence O. Gostin
A Natural Experiment: Asset Manager Liability, Cally Jordan
Anglo-American Privacy and Surveillance, Laura K. Donohue
Animus Thick and Thin: The Broader Impact of the Ninth Circuit Decision in Perry V. Brown, Nan D. Hunter
An O’Neill Institute Briefing Paper: The Supreme Court’s Landmark Decision on the Affordable Care Act: Healthcare Reform’s Ultimate Fate Remains Uncertain, Emily W. Parento and Lawrence O. Gostin
A ‘Non-Power’ Looks at Separation of Powers, Alan B. Morrison
Anti-Terrorist Finance in the United Kingdom and United States, Laura K. Donohue
A Reply to Pierre, Robin West
Are Risk Preferences Stable Across Contexts? Evidence from Insurance Data, Levon Barseghyan, Jeffrey Prince, and Joshua C. Teitelbaum
Are We Dead Yet? The Lies We Tell to Keep Moving Forward Without Feeling, Mari J. Matsuda
A Right to Read Anonymously: A Closer Look at "Copyright Management" in Cyberspace, Julie E. Cohen
Assessing the Impeachment of President Bill Clinton from a Post 9/11 Perspective, Susan Low Bloch
Assuming Personal Responsibility for Improving the Environment: Moving Toward a New Environmental Norm, Hope M. Babcock
A Talent for Risk and Trust: A Tribute to Aryeh Neier, Rosa Brooks
A Tale of Two Lochners: The Untold History of Substantive Due Process and the Idea of Fundamental Rights, Victoria Nourse
A Tournament of Virtue, Lawrence B. Solum
A Tribute to Hon. George Bundy Smith: Welcome and Introduction, William Michael Treanor
A Tribute to Jonathan Mann: Health and Human Rights in the AIDS Pandemic, Lawrence O. Gostin
Avoiding Evasion: Implementing International Migration Policy, Justin Gest
Behavioral Approaches to Corporate Law, Donald C. Langevoort
Blogging and the Transformation of Legal Scholarship, Lawrence B. Solum
Book Review: New Chemical Weapons Convention: Implementation and Prospects, David A. Koplow
Book Review: Social Justice: The Moral Foundations of Public Health and Health Policy, Robin West
Book Review: The Aspirin Wars: Money, Medicine, and 100 Years of Rampant Competition, Joseph A. Page
Breard and the Federal Power to Require Compliance with ICJ Orders of Provisional Measures, Carlos Manuel Vázquez
Breard, Printz, and the Treaty Power, Carlos Manuel Vázquez
Bridging International Law and Rights-Based Litigation: Mapping Health-Related Rights Through the Development of the Global Health and Human Rights Database, Benjamin Mason Meier, Oscar A. Cabrera, Ana Ayala, and Lawrence O. Gostin
Bridging International Law and Rights-Based Litigation: Mapping Health-Related Rights Through the Development of the Global Health and Human Rights Database, Benjamin Mason Meier, Oscar A. Cabrera, Ana Ayala, and Lawrence O. Gostin
Buck v. Bell: A Constitutional Tragedy from a Lost World, Victoria Nourse
Cadbury Twenty Years On, Cally Jordan
Calling Genocide by Its Rightful Name: Lemkin's Word, Darfur, and the UN Report, David Luban
Can an Old Dog Learn New Tricks? Applying Traditional Corporate Law Principles to New Social Enterprise Legislation, Alicia E. Plerhoples
Can You Be a Good Person and a Good Prosecutor?, Abbe Smith
Carving Out Policy Autonomy for Developing Countries in the World Trade Organization: The Experience of Brazil and Mexico, Alvaro Santos
Caveat Blogger: Blogging and the Flight from Scholarship, Randy E. Barnett
Celebrating Thurgood Marshall: The Prophetic Dissenter, Susan Low Bloch
Changing the Narrative of Child Welfare, Matthew I. Fraidin
Check One and the Accountability is Done: The Harmful Impact of Straight-Ticket Voting on Judicial Elections, Meryl Chertoff and Dustin F. Robinson
Chief Justices Marshall and Roberts and the Non-Self-Execution of Treaties, Carlos Manuel Vázquez
Child Abuse Reporting: Rethinking Child Protection, Susan C. Kim, Lawrence O. Gostin, and Thomas B. Cole
Child Abuse Reporting: Rethinking Child Protection, Lawrence O. Gostin and Susan C. Kim
Child Care, Work, and the Federal Income Tax, Brian Wolfman
Civic Republicanism Provides Theoretical Support for Making Individuals More Environmentally Responsible, Hope M. Babcock
Clauses Not Cases, Randy E. Barnett
Community Economic Development and the Paradox of Power, Michael R. Diamond
Compulsory Treatment in Psychiatry: Some Reflections on Self-Determination, Patient Competency and Professional Expertise, Lawrence O. Gostin
Conditional Spending After NFIB v. Sebelius: The Example of Federal Education Law, Eloise Pasachoff
Configuring the Networked Citizen, Julie E. Cohen
Configuring the Networked Self: Law, Code, and the Play of Everyday Practice, Julie E. Cohen
Confronting the Wizard of Oz: National Security, Expertise, and Secrecy, David Cole
Congress's Power to Promote the Progress of Science: Eldred v. Ashcroft, Lawrence B. Solum
Constitutional Clichés, Randy E. Barnett
Constitutionalism: A Skeptical View, Jeremy Waldron
Constitutionalization, Girardeau A. Spann
Constitutional Law and International Law: National Exceptionalism and the Democratic Deficit?, Michael Kirby
Constitutional Possibilities, Lawrence B. Solum
Constitutional Texting, Lawrence B. Solum
Consumer Involvement and the Consumer Product Safety Act, Joseph A. Page
Contemporary Social Historical Perspectives on Mental Health Reform, Lawrence O. Gostin
Copyright and the Jurisprudence of Self-Help, Julie E. Cohen
Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It, Rebecca Tushnet
Corporate Environmental Social Responsibility: Corporate "Greenwashing" or a Corporate Culture Game Changer?, Hope M. Babcock
Courts, Social Change, and Political Backlash, Michael Klarman
Criminalizing Normal Adolescent Behavior in Communities of Color: The Role of Prosecutors in Juvenile Justice Reform, Kristin N. Henning
Cultivating Justice for the Working Poor: Clinical Representation of Unemployment Claimants, Colleen F. Shanahan
Customary International Law as U.S. Law: A Critique of the Revisionist and Intermediate Positions and a Defense of the Modern Position, Carlos Manuel Vázquez
Cyberspace As/And Space, Julie E. Cohen
Damage Control? A Comment on Professor Neuman’s Reading of Reno v. AADC, David Cole
Deans and Stories, William Michael Treanor
De-concentrating Poverty: De-constructing a Theory and the Failure of Hope, Michael R. Diamond
Dedicatory Essay: Honoring Ian McColl Kennedy, Lawrence O. Gostin
Democracy and Legitimation: A Response to Professor Guinier, Louis Michael Seidman
Democracy Promotion: Done Right, A Progressive Cause, Rosa Brooks
Depoliticizing Federalism, Louis Michael Seidman
Developing a Teacher Training Program for New Clinical Teachers, Wallace J. Mlyniec
Developing Attorneys for the Future: What Can We Learn From the Fast Trackers?, Lori Berman, Heather Bock, and Juliet R. Aiken
Dialogic Federalism: Constitutional Possibilities for Incorporation of Human Rights Law in the United States, Catherine Powell
Dignity and Discrimination: Toward A Pluralistic Understanding of Workplace Harassment, Rosa Ehrenreich Brooks
Direct vs. Indirect Obligations of Corporations Under International Law, Carlos Manuel Vázquez
Disintegration, Girardeau A. Spann
Disparate Impact, Girardeau A. Spann
District of Columbia v. Heller and Originalism, Lawrence B. Solum
Doctrinal Dilemma, Girardeau A. Spann
Do Curators Have Anything to Learn from Lawyers?, Michael Heyman
Do Damages Caps Reduce Medical Malpractice Insurance Premiums?: A Systematic Review of Estimates and the Methods Used to Produce Them, Kathryn Zeiler and Lorian E. Hardcastle
Does DOJ's Privilege Waiver Policy Threaten the Rationales Underlying the Attorney-Client Privilege and Work Product Doctrine? A Preliminary "No", Julie R. O'Sullivan
Does the Constitution Protect Economic Liberty?, Randy E. Barnett
Does the Criminal Law Have Much to Do with Crime?, John Kaplan
Download It While It's Hot: Open Access and Legal Scholarship, Lawrence B. Solum
Drawing a Line Between Killing and Letting Die: The Law, and Law Reform, on Medically Assisted Dying, Lawrence O. Gostin
Dual Regulation, Collaborative Management, or Layered Federalism: Can Cooperative Federalism Models from Other Laws Save Our Public Lands?, Hope M. Babcock
Eldred and Lochner: Copyright Term Extension and Intellectual Property as Constitutional Property, Paul M. Schwartz and William Michael Treanor
Emergency Preparedness and Public Health: The Lessons of Hurricane Sandy, Tia Powell, Dan Hanfling, and Lawrence O. Gostin
Emergency Preparedness and Public Health: The Lessons of Hurricane Sandy, Tia Powell, Dan Hanfling, and Lawrence O. Gostin
Eminent Domain and Racial Discrimination: A Bogus Equation, J. Peter Byrne
Enemy Aliens, David Cole
Equality in the American Constitution, Guido Calabresi
Ethical Challenges of Preexposure Prophylaxis for HIV, Jonathan S. Jay and Lawrence O. Gostin
Ethical Challenges of Preexposure Prophylaxis for HIV, Jonathan S. Jay and Lawrence O. Gostin
Ethical Principles for the Conduct of Human Subject Research: Population-Based Research and Ethics, Lawrence O. Gostin
Even Before Enron: Banking Regulators, the Income Tax, the S&L Crisis, and Deceptive Accounting at the Supreme Court, Stephen B. Cohen
Examined Lives: Informational Privacy and the Subject as Object, Julie E. Cohen
Executive Compensation Reform and the Limits of Tax Policy, Michael Doran
Extreme Vulnerability of Migrants: The Cases of the United States and Mexico, Jorge A. Bustamante
Failed States, or the State as Failure?, Rosa Ehrenreich Brooks
Faith and Funding: Toward an Expressivist Model of the Establishment Clause, David Cole
Fame, the Founding, and the Power to Declare War, William Michael Treanor
Federalism–Old and New–and the Federal Courts, Carl McGowan
Federal Regulation of Tobacco Products and Products That Treat Tobacco Dependence: Are the Playing Fields Level?, Joseph A. Page
Feminism and International Law: An Opportunity for Transformation, Rosa Ehrenreich Brooks
Fisher v. Grutter, Girardeau A. Spann
Following in Paul Miller's (Very Large) Footsteps, Chai R. Feldblum
Foreword: Academic Influence on the Court, Neal K. Katyal
Foreword: Health Care Reform in the United States—The Presidential Task Force, Lawrence O. Gostin
Foreword: Public Health & the Law—A Symposium Dedicated to Professor William J. Curran, Lawrence O. Gostin
Franz Kafka, Lawrence Joseph, and the Possibilities of Jurisprudential Literature, Patrick J. Glen
Freedom of Expression and the Mentally Disordered: Philosophical and Constitutional Perspectives, Lawrence O. Gostin
From Antislavery Lawyer to Chief Justice: The Remarkable but Forgotten Career of Salmon P. Chase, Randy E. Barnett
From Snail Mail to E-Mail: The Traditional Legal Memorandum in the Twenty-First Century, Kristen Konrad Robbins-Tiscione
From Status to Agency: Defining Migrants, Avinoam Cohen
Gay Is Good: The Moral Case for Marriage Equality and More, Chai R. Feldblum
Generic Product Risks: The Case Against Comment k and for Strict Tort Liability, Joseph A. Page
Genetic Discrimination: The Use of Genetically Based Diagnostic and Prognostic Tests by Employers and Insurers, Lawrence O. Gostin
Genetic Privacy, Lawrence O. Gostin
Global Climate Change: A Civic Republican Moment for Achieving Broader Changes in Environmental Behavior, Hope M. Babcock
Global Health Justice: A Perspective from the Global South on a Framework Convention on Global Health, Lawrence O. Gostin and Ames Dhai
Global Health Justice: A Perspective from the Global South on a Framework Convention on Global Health, Lawrence O. Gostin and Ames Dhai
Gone in Sixty Milliseconds: Trademark Law and Cognitive Science, Rebecca Tushnet
Government, Political Parties, and Liberal Democracy in the New Europe, Jean Blondel
Grabbing the Bullcoming by the Horns: How the Supreme Court Could Have Used Bullcoming v. New Mexico to Clarify Confrontation Clause Requirements for CSI-Type Reports, Paul F. Rothstein and Ronald J. Coleman
Grotius, Ocean Fish Ranching, and the Public Trust Doctrine: Ride 'Em Charlie Tuna, Hope M. Babcock
Guilty Pleas and Barristers' Incentives: Lessons from England, Peter W. Tague
Guilty Pleas or Trials: Which Does the Barrister Prefer?, Peter W. Tague
Health Care and the Illegal Immigrant, Patrick J. Glen
Healthcare Reform Hangs in the Balance, Lawrence O. Gostin
Health Care Reform in the United States, Lawrence O. Gostin
Health Information Privacy, Lawrence O. Gostin
Hester Prynne, Lydia Bennet, and Section 306 Stock: The Concept of Tainting in the American Novel, the British Novel, and the Internal Revenue Code, Stephen B. Cohen and Stephen B. Cohen
Historic Preservation and its Cultured Despisers: Reflections on the Contemporary Role of Preservation Law in Urban Development, J. Peter Byrne
H. L. A. Hart’s Moderate Indeterminacy Thesis Reconsidered: In Between Scylla and Charybdis?, Imer Flores
Honest-Services Fraud: A (Vague) Threat to Millions of Blissfully Unaware (and Non-Culpable) American Workers, Julie R. O'Sullivan
Hospitals, Health Care Professionals, and AIDS: The "Right to Know" the Health Status of Professionals and Patients, Lawrence O. Gostin
How NFIB v. Sebelius Affects the Constitutional Gestalt, Lawrence B. Solum
Human Dignity, Humiliation, and Torture, David Luban
Human Rights in Times of Terror: A Judicial Point of View, Aharon Barak
Human Rights of Migrants: The Dawn of a New Era?, Ryszard Cholewinski
"I Ain't Takin' No Plea": The Challenges in Counseling Young People Facing Serious Time, Abbe Smith
Impeachment: Advice and Dissent, Susan Low Bloch
Incorporation and Originalist Theory, Lawrence B. Solum
Independent Counsel and Vigorous Investigation and Prosecution, William Michael Treanor
In Praise of the Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, Abbe Smith
Inside the Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum
Institutionalizing Democracy in Africa: A Comment on the African Charter on Democracy, Elections and Governance, Patrick J. Glen
Intergenerational Equity in Fiscal Policy Reform, Michael Doran
International Financial Standards and the Explanatory Force of Lex Mercatoria, Cally Jordan
International Migrants Bill of Rights, Georgetown University Law Center, International Migrants Bill of Rights Initiative
Interpretation and Construction, Randy E. Barnett
Interpretation and Construction in Altering Rules, Gregory Klass
Introduction: Fordham Sports Law Forum, William Michael Treanor
Introduction: Global Intellectual Property Rights: Boundaries of Access and Enforcement, William Michael Treanor
Introduction: Integrity in the Law: Symposium in Honor of John D. Feerick, William Michael Treanor
Introduction: The Adequacy of the Presidential Succession System in the 21st Century: Filling the Gaps and Clarifying the Ambiguities in Constitutional and Extraconstitutional Arrangements, William Michael Treanor
Introduction: The Fifth Annual A.A. Sommer, Jr. Lecture on Corporate, Securities & Financial Law, William Michael Treanor
Introduction to Keynote Address: A Community of Reason and Rights, William Michael Treanor
Introductory Remarks: Brown v. Board of Education and Its Legacy: A Tribute To Justice Thurgood Marshall, William Michael Treanor
Is the Constitution Libertarian?, Randy E. Barnett
Is the Rehnquist Court an "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
It Depends on What the Meaning of "False" is: Falsity and Misleadingness in Commercial Speech Doctrine, Rebecca Tushnet
Jam for Justice Holmes: Reassessing the Significance of Mahon, William Michael Treanor
Judge Marilyn Hall Patel: A Dedication, William Michael Treanor
Judicial Engagement Through the Lens of Lee Optical, Randy E. Barnett
Judicial Review Before Marbury, William Michael Treanor
Judicial Selection: Ideology versus Character, Lawrence B. Solum
Judulang v. Holder and the Future of 212(c) Relief, Patrick J. Glen
Justice Kennedy's Libertarian Revolution: Lawrence v. Texas, Randy E. Barnett
Justice Roberts’ America, Robin West
Juvenile Justice After Graham v. Florida: Keeping Due Process, Autonomy, and Paternalism in Balance, Kristin N. Henning
Keynote Address: 14th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations, William Michael Treanor
Kurt Lash's Majoritarian Difficulty: A Response to a Textual-Historical Theory of the Ninth Amendment, Randy E. Barnett
Laughing at Treaties, Carlos Manuel Vázquez
Law in the Heart of Darkness: Atrocity & Duress, Rosa Ehrenreich Brooks
Law, Liberty and the Rule of Law (in a Constitutional Democracy), Imer Flores
Law Review Scholarship in the Eyes of the Twenty-First Century Supreme Court Justices: An Empirical Analysis, Brent Newton
Learning From Lincoln, William Michael Treanor
Legal Obligations: The Proper Role of White House Lawyers, William Michael Treanor
Legislative Compromise and Tax Transition Policy, Michael Doran
Legislative Organization and Administrative Redundancy, Michael Doran
Legislatures, Agencies, Courts and Advocates: How Laws are Made, Interpreted and Modified, Chai R. Feldblum and Robin Appleberry
Lessons for International Law from the Arab Spring, Rosa Brooks
Lessons from Social Psychology for Complex Operations, Rosa Brooks
Liability for Unreasonably and Unavoidably Unsafe Products: Does Negligence doctrine Have a Role to Play, Joseph A. Page
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Life’s Dominion: An Argument About Abortion and Euthanasia, Ronald Dworkin
Lifting Our Veil of Ignorance: Culture, Constitutionalism, and Women's Human Rights in Post-September 11 America, Catherine Powell
Lochner in Cyberspace: The New Economic Orthodoxy of "Rights Management", Julie E. Cohen
Looking Ahead: The Future of Affirmative Action, Susan Low Bloch
Looking at the Lanham Act: Images in Trademark and Advertising Law, Rebecca Tushnet
Loss, Heidi Li Feldman
Love as Legal Methodology: Comments on Love in a Time of Envy, Naomi Mezey
Love, Change, Mari J. Matsuda
Making Constitutional Doctrine in a Realist Age, Victoria Nourse
Managers, Shareholders, and the Corporate Double Tax, Michael Doran
Marilyn & Edward Bellet: A Dedication, William Michael Treanor
Marital Exits and Marital Expectations in Nineteenth Century America, Hendrik A. Hartog
Marketing Pharmaceuticals: A Constitutional Right to Sell Prescriber-Identified Data?, Lawrence O. Gostin
Mark Tushnet: A Personal Reminiscence, Louis Michael Seidman
Mediating Multiculturally: Culture and the Ethical Mediator, Carrie Menkel-Meadow and Harold I. Abramson
Military Commissions and the Paradigm of Prevention, David Cole
Military Lawyers and the Two Cultures Problem, David Luban
Misplaced Fidelity, David Luban
Misunderstanding Congress: Statutory Interpretation, the Supermajoritarian Difficulty, and the Separation of Powers, Victoria Nourse
Narrative, Normativity, and Causation, Lawrence B. Solum
Natalie Stoljar’s Wishful Thinking and One Step Beyond: What Should Conceptual Legal Analysis Become?, Imer Flores
National Security and Environmental Laws: A Clear and Present Danger?, Hope M. Babcock
National Security in the Information Age, Rosa Brooks
Natural Justice, Lawrence B. Solum
Network Stories, Julie E. Cohen
New Evidence of the Original Meaning of the Commerce Clause, Randy E. Barnett
Night and Day: Coeur d’Alene, Breard, and the Unraveling of the Prospective-Retrospective Distinction in Eleventh Amendment Doctrine, Carlos Manuel Vázquez
Of Law and the Revolution, Lama Abu-Odeh
Of Wife and the Domestic Servant in the Arab World, Lama Abu-Odeh
O'Neill Institute for National and Global Health Law Scholarship
Originalism and the Natural Born Citizen Clause, Lawrence B. Solum
Original Understanding and the Whether, Why, and How of Judicial Review, William Michael Treanor
Out of the Ordinary: Law, Power, Culture, and the Commonplace, Naomi Mezey
Panel: Restrictions on Freedom of Association Through Material Support Prohibitions and Visa Denials, David Cole
Passion's Progress: Modern Law Reform and the Provocation Defense, Victoria Nourse
Payment in Credit: Copyright Law and Subcultural Creativity, Rebecca Tushnet
Pervasively Distributed Copyright Enforcement, Julie E. Cohen
Philosophy v. Rhetoric in Legal Education: Understanding the Schism Between Doctrinal and Legal Writing Faculty, Kristen Konrad Robbins-Tiscione
Pillars for Progress on the Right to Health: Harnessing the Potential of Human Rights Through a Framework Convention on Global Health, Eric A. Friedman and Lawrence O. Gostin
Pillars for Progress on the Right to Health: Harnessing the Potential of Human Rights Through a Framework Convention on Global Health, Eric A. Friedman and Lawrence O. Gostin
PLIVA v. Mensing and Its Implications, Brian Wolfman and Dena Feldman
Pluralism and Public Legal Reason, Lawrence B. Solum
Postracial Discrimination, Girardeau A. Spann
Poverty in America: Why Can't We End It?, Peter B. Edelman
Preemption & Human Rights: Local Options After Crosby v. NFTC, Robert Stumberg
Preventing the Subversion of Devlin v. Scardelletti, Brian Wolfman
Privacy, Ideology, and Technology: A Response to Jeffrey Rosen, Julie E. Cohen
Privacy, Visibility, Transparency, and Exposure, Julie E. Cohen
Procedural Justice, Lawrence B. Solum
Professional Discipline for Law Firms? A Response to Professor Schneyer’s Proposal, Julie R. O'Sullivan
Property and Environment: Thoughts on an Evolving Relationship, J. Peter Byrne
Prospective Overruling and the Revival of ‘Unconstitutional' Statutes, William Michael Treanor and Gene B. Sperling
Protecting and Promoting the Human Right to Respect for Family Life: Treaty-Based Reform and Domestic Advocacy, Ryan Mrazik and Andrew I. Schoenholtz
Protecting Rights in the Age of Terrorism: Challenges and Opportunities, Rosa Brooks
Public Legal Reason, Lawrence B. Solum
“Publicness” in Contemporary Securities Regulation after the JOBS Act, Donald C. Langevoort and Robert B. Thompson
Questioning Cultural Commons, Lawrence B. Solum
Reaffirming Rights: Human Rights Protections of Migrants, Asylum Seekers, and Refugees in Immigration Detention, Eleanor Acer and Jake Goodman
Reconceptualizing Criminal Law Defenses, Victoria Nourse
Reducing Unlawful Prescription Drug Promotion: Is the Public Health Being Served by an Enforcement Approach that Focuses on Punishment?, Vicki W. Girard
Reflections on Kony 2012, Rosa Brooks
Regionalism Versus Globalism: a View from the Americas, Carlos Manuel Vázquez
Re-Imagining Justice: Progressive Interpretations of Formal Equality, Rights, and the Rule of Law, Robin West
Religious Freedom as if Religion Matters: A Tribute to Justice Brennan, Stephen L. Carter
Remarks by Dean William M. Treanor, William Michael Treanor
Representing the Unrepresented in Class Action Settlements, Brian Wolfman
Response Essay: Some Observations on Professor Schwartz's "Foundation" Theory of Evidence, Paul F. Rothstein
Response: The Death of the Bisexual Saboteur, Naomi Mezey
Responsible Environmental Behavior, Energy Conservation, and Compact Fluorescent Bulbs: You Can Lead a Horse to Water, But Can You Make It Drink?, Hope M. Babcock
Rethinking Crime Legislation: History and Harshness, Victoria Nourse
Reverse Engineering and the Rise of Electronic Vigilantism: Intellectual Property Implications of "Lock-Out" Programs, Julie E. Cohen
Review of Regulatory Takings: Law, Economics and Politics, by William A. Fischel, William Michael Treanor
Review of The New Deal Lawyers, by Peter H. Irons, William Michael Treanor
Rhetoric and Realities of Gentrification: Reply to Powell and Spencer, J. Peter Byrne
Rights, Harms, and Duties: A Response to Justice for Hedgehogs, Robin West
Scalia's Infidelity: A Critique of "Faint-Hearted" Originalism, Randy E. Barnett
Scrutiny Land, Randy E. Barnett
Second Amendment Symposium: Commentary, Randy E. Barnett
Securing Health or Just Health Care? The Effect of the Health Care System on the Health of America, Lawrence O. Gostin
Self-Defense and Subjectivity, Victoria Nourse
Senses of Sen: Reflections on Amartya Sen’s Ideas of Justice, César Arjona, Arif A. Jamal, Carrie Menkel-Meadow, Victor V. Ramraj, and Francisco Satiro
Should Lucas v. South Carolina Coastal Council Protect Where the Wild Things Are? Of Beavers, Bob-o-Links, and Other Things that Go Bump in the Night, Hope M. Babcock
Should We Have a Liberal Constitution?, Louis Michael Seidman
Sight, Sound and Meaning: Teaching Intellectual Property with Audiovisual Materials, Rebecca Tushnet
Significant Entanglements: A Framework for the Civil Consequences of Criminal Convictions, Colleen F. Shanahan
Skilling: More Blind Monks Examining the Elephant, Julie R. O'Sullivan
Soft Law and the Protection of Vulnerable Migrants, Alexander Betts
Some Call It ‘The Right to Die’, Yale Kamisar
Some Reflections on Copyright Management Systems and Laws Designed to Protect Them, Julie E. Cohen
Sosa v. Alvarez-Machain and Human Rights Claims Against Corporations Under the Alien Tort Statute, Carlos Manuel Vázquez
Sovereign Immunity, Due Process, and the Alden Trilogy, Carlos Manuel Vázquez
Sovereignty by Subtraction: The Multilateral Agreement on Investment, Robert Stumberg
State Law, the Westfall Act, and the Nature of the Bivens Question, Carlos Manuel Vázquez and Stephen I. Vladeck
Supreme Court Institute Annual Report, 2010-2011, Georgetown University Law Center, Supreme Court Institute
Supreme Court Institute Annual Report, 2011-2012, Georgetown University Law Center, Supreme Court Institute
Supreme Court of the United States, October Term 2011 Preview, Update: January 3, 2012, Georgetown University Law Center, Supreme Court Institute
Supreme Court of the United States, October Term 2012 Preview, Georgetown University Law Center, Supreme Court Institute
Supreme Neglect of Text and History, William Michael Treanor
Take-ings, William Michael Treanor
Takings Law and the Regulatory State: A Response to R.S. Radford, William Michael Treanor
Taking Text Too Seriously: Modern Textualism, Original Meaning, and the Case of Amar's Bill of Rights, William Michael Treanor
Taking the Framers Seriously, William Michael Treanor
Tangled up in Khaki and Blue: Lethal and Non-Lethal Weapons in Recent Confrontations, David A. Koplow
Tax Penalties and Tax Compliance, Michael Doran
Technological Leap, Statutory Gap, and Constitutional Abyss: Remote Biometric Identification Comes of Age, Laura K. Donohue
Telling Stories and Keeping Secrets, Abbe Smith
Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law, Laura K. Donohue
The ADA Amendments Act of 2008, Chai R. Feldblum, Kevin Barry, and Emily A. Benfer
The Americans With Disabilities Act and the Corpus of Anti-Discrimination Law: A Force for Change in the Future of Public Health Regulation, Lawrence O. Gostin
The Aretaic Turn in Constitutional Theory, Lawrence B. Solum
The Armstrong Principle, the Narratives of Takings, and Compensation Statutes, William Michael Treanor
The Art of Legislative Lawyering and the Six Circles Theory of Advocacy, Chai R. Feldblum
The Bounds of Zeal in Criminal Defense: Some Thoughts on Lynne Stewart, Abbe Smith
The Burdens of Representing the Accused in an Age of Harsh Punishment, Abbe Smith
The Case for the Repeal Amendment, Randy E. Barnett
The Case of the Prisoners and the Origins of Judicial Review, William Michael Treanor
The Cathedral Engulfed: Sea-Level Rise, Property Rights, and Time, J. Peter Byrne
The Choice Between Madison and FDR, Randy E. Barnett
The Closed Rule, Michael Doran
The Complex Uses of Sexual Orientation in Criminal Court, Abbe Smith
The Conscience of a Court, Girardeau A. Spann
The Constitutional Right to Die: Ethical Considerations, Lawrence O. Gostin
The Constitutional Right to Free Communication of the Institutionalized Resident, Lawrence O. Gostin
The Decline of Cause, Judith Jarvis Thomson
The Disdain Campaign, Randy E. Barnett
The Distinctiveness of Appellate Adjudication, Heidi Li Feldman
The Effect of the Supreme Court's Eleventh Amendment Jurisprudence on Environmental Citizen Suits: Gotcha!, Hope M. Babcock
The Epidemics of Injecting Drug Use and Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin
The Eye Alone Is the Judge: Images and Design Patents, Rebecca Tushnet
The Federal Criminal "Code" is a Disgrace: Obstruction Statutes as Case Study, Julie R. O'Sullivan
The First Amendment’s Borders: The Place of Holder v. Humanitarian Law Project in First Amendment Doctrine, David Cole
The Flood: Political Economy and Disaster, Mari J. Matsuda
The Four Doctrines of Self-Executing Treaties, Carlos Manuel Vázquez
The Future Impact of Same-Sex Marriage: More Questions Than Answers, Nan D. Hunter
The Future of Copyright, Lawrence B. Solum
The Future of International Criminal Justice, Richard Goldstone
The Future of Public Health Law, Lawrence O. Gostin
The Golden Mean Between Kurt & Dan: A Moderate Reading of the Ninth Amendment, Randy E. Barnett
The Harmful Side Effects of Drug Prohibition, Randy E. Barnett
The Imperative of Natural Rights in Today's World, Randy E. Barnett
The Inevitability of Conscience: A Response to My Critics, David Luban
The Interconnected Epidemics of Drug Dependency and AIDS, Lawrence O. Gostin
The Internet’s Coming Silent Spring, Lawrence Lessig
Their Liberties, Our Security: Democracy and Double Standards, David Cole
The Last Straw: The Department of Justice's Privilege Waiver Policy and the Death of Adversarial Justice in Criminal Investigations of Corporations, Julie R. O'Sullivan
The Lawyer's "Conscience" and the Limits of Persuasion, Abbe Smith
The Limits of Government Regulation of Science, John D. Kraemer and Lawrence O. Gostin
The Limits of National Security, Laura K. Donohue
The Limits of Process, Robin West
The Market for Medical Ethics, Maxwell Gregg Bloche
The Misconceived Assumption About Constitutional Assumptions, Randy E. Barnett
The Moral Foundations of Modern Libertarianism, Randy E. Barnett
The Most-Favoured Nation Principle, Equal Protection, and Migration Policy, Tomer Broude
The National Environmental Policy Act in the Urban Environment: Oxymoron or a Useful Tool to Combat the Destruction of Neighborhoods and Urban Sprawl?, Hope M. Babcock
The Nativity Scene Case: An Error of Judgment, Norman Dorsen and Charles Sims
The Nature of Risk Preferences: Evidence from Insurance Choices, Levon Barseghyan, Francesca Molinari, Ted O'Doghue, and Joshua C. Teitelbaum
The New Normativity: The Abuse Excuse and the Resurgence of Judgment in the Criminal Law, Victoria Nourse
The New Privacy, Paul M. Schwartz and William Michael Treanor
The Ninth Amendment: It Means What It Says, Randy E. Barnett
The Ninth Circuit's Perry Decision and the Constitutional Politics of Marriage Equality, William N. Eskridge
The Nucleus of a Public Health Strategy to Combat AIDS, Lawrence O. Gostin
The Original Meaning of the Judicial Power, Randy E. Barnett
The Original Understanding of the Takings Clause and the Political Process, William Michael Treanor
The Origins and Original Significance of the Just Compensation Clause of the Fifth Amendment, William Michael Treanor
The Paradoxes of Cultural Property, Naomi Mezey
The Perilous Dialogue, Laura K. Donohue
The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties, Lawrence O. Gostin
The Politics of the Geneva Conventions: Avoiding Formalist Traps, Rosa Brooks
The Power to Block the Affordable Care Act: What Are the Limits?, John D. Kraemer and Lawrence O. Gostin
The Power to Block the Affordable Care Act: What Are the Limits?, John D. Kraemer and Lawrence O. Gostin
The Priority of Morality: The Emergency Constitution's Blind Spot, David Cole
The Problem About the Nature of Law vis-à-vis Legal Rationality Revisited: Towards an Integrative Jurisprudence, Imer Flores
The Problem with Particularized Injury: The Disjuncture Between Broad-Based Environmental Harm and Standing Jurisprudence, Hope M. Babcock
The Public Trust Doctrine: What a Tall Tale They Tell, Hope M. Babcock
The Questions of Authority, Frederick Schauer
The Refund Booth: Using the Principle of Symmetric Information to Improve Campaign Finance Regulation, Ian Ayres and Bruce Ackerman
The Resurgent Tuberculosis Epidemic in the Era of AIDS: Reflections on Public Health, Law, and Society, Lawrence O. Gostin
The Rise and Fall of the Implied Warranty of Habitability, David A. Super
The Role of the Solicitor General in Shaping Issues for the Supreme Court, Wade H. McCree
The Role of the World Bank in Controlling Corruption, Susan Rose-Ackerman
The “Self-Executing” Character of the Refugee Protocol’s Nonrefoulement Obligation, Carlos Manuel Vázquez
The Separation of People and State, Randy E. Barnett
The Stories We Tell, and Have Told, About Tribal Sovereignty: Legal Fictions at Their Most Pernicious, Hope M. Babcock
The Structure of Academic Freedom, Robert C. Post
The Struggle for Legal Philosophy (vis-à-vis Legal Education): Methods and Problems, Imer Flores
The Summary Affirmance Proposal of the Board of Immigration Appeals, Philip G. Schrag
The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights, Lawrence B. Solum
The Taint of Torture: The Roles of Law and Policy in Our Descent to the Dark Side, David Cole
The Tax of Physics, the Physics of Tax, Stephen B. Cohen
The Tea Party, the Constitution, and the Repeal Amendment, Randy E. Barnett
The Training of Lawyers: From Bar Exam Passage to Full Lawyer Proficiency, Albert M. Sacks
The Unity of Interpretation, Lawrence B. Solum
The Unsettled Nature of the Union, Carlos Manuel Vázquez
The Value of Dissent, Lawrence B. Solum
The Vertical Separation of Powers, Victoria Nourse
The War on Terrorism and the End of Human Rights, David Luban
The Wider Context: The Future of Capital Markets Regulation in Developed Markets, Cally Jordan
The World Bank's Uses of the "Rule of Law" Promise in Economic Development, Alvaro Santos
Thinking in an Emergency, Elaine Scarry
Time to Start Over on Deferred Compensation, Michael Doran
Tinkering with Torture in the Aftermath of Hamdan: Testing the Relationship Between Internationalism and Constitutionalism, Catherine Powell
To Our Children's Children's Children: The Problems of Intergenerational Ethics, Lawrence B. Solum
Top 10 Law School Home Pages of 2011, Roger Skalbeck
Toward A "Due Foundation" for the Separation of Powers: The Federalist Papers as Political Narrative, Victoria Nourse
Toward a New Constitutional Anatomy, Victoria Nourse
Toward the Study of the Legislated Constitution, Robin West
Trade Sanctions and Human Rights–Past, Present, and Future, Carlos Manuel Vázquez
Train Wreck: The U.S. Violation of the Chemical Weapons Convention, David A. Koplow
Translation Without Fidelity: A Response to Richard Epstein’s Fidelity Without Translation, William Michael Treanor
Treaties and the Eleventh Amendment, Carlos Manuel Vázquez
Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties, Carlos Manuel Vázquez
Treaty-Based Rights and Remedies of Individuals, Carlos Manuel Vázquez
Tuberculosis and the Power of the State: Toward the Development of Rational Standards for the Review of Compulsory Public Health Powers, Lawrence O. Gostin
Turning Citizens into Subjects: Why the Health Insurance Mandate is Unconstitutional, Randy E. Barnett
Turning from Damage Caps to Information Disclosure: An Alternative to Tort Reform, Kathryn Zeiler
Two Cheers for Gentrification, J. Peter Byrne
Two Kinds of Plain Meaning, Victoria Nourse
Unaccompanied Children In I.N.S. Detention, Rosa Ehrenreich Brooks
Underlying Principles, Randy E. Barnett
Understanding Mahon in Historical Context, William Michael Treanor
Unfair Competition and Uncommon Sense, Rebecca Tushnet
Unlucky or Risky? Unobserved Heterogeneity and Experience Rating in Insurance Markets, Levon Barseghyan, Francesca Molinari, Darcy Steeg Morris, and Joshua C. Teitelbaum
Upending Status: A Comment on Switching, Inequality, and the Idea of the Reasonable Person, Victoria Nourse
Virtue Jurisprudence: A Virtue-Centered Theory of Judging, Lawrence B. Solum
War Everywhere: Rights, National Security Law, and the Law of Armed Conflict in the Age of Terror, Rosa Ehrenreich Brooks
Was the Right to Keep and Bear Arms Conditioned on Service in an Organized Militia?, Randy E. Barnett
Welfare, Children and Families: The Impact of Welfare Reform in the New Economy, William Julius Wilson
We The People's Executive, Rosa Ehrenreich Brooks
Whatever, Girardeau A. Spann
What is Eleventh Amendment Immunity?, Carlos Manuel Vázquez
What’s Right About the Medical Model in Human Subjects Research Regulation, Heidi Li Feldman
What the Internet Age Means for Female Scholars, Rosa Brooks
What the Shutts Opt-Out Right is and What it Ought to Be, Brian Wolfman and Alan B. Morrison
What Were They Thinking? Insider Trading and the Scienter Requirement, Donald C. Langevoort
When is Religious Speech Outrageous?: Snyder v. Phelps and the Limits of Religious Advocacy, Jeffrey Shulman
Where Credit Is Due: Advantages of the Credit-Invoice Method for a Partial Replacement VAT, Itai Grinberg
Where Liberty Lies: Civil Society and Individual Rights After 9/11, David Cole
Where to Begin? Training New Teachers in the Art of Clinical Pedagogy, Wallace J. Mlyniec
W(h)ither Zschernig?, Carlos Manuel Vázquez
Who Owns the Soul of the Child?: An Essay on Religious Parenting Rights and the Enfranchisement of the Child, Jeffrey Shulman
Who's Afraid of Unenumerated Rights?, Randy E. Barnett
Why Is the Federal Income Tax so Complicated?, Boris I. Bittker
Why Preemption Proponents are Wrong, Brian Wolfman
Why Print and Electronic Resources Are Essential to the Academic Law Library, Michelle M. Wu
Why the Affordable Care Act's Individual Purchase Mandate is Both Constitutional and Indispensable to the Public Welfare, Lawrence O. Gostin
Why the Customer Isn’t Always Right: Producer-Based Limits on Rights Accretion in Trademark, Rebecca Tushnet
Will Anybody Know Who I Am? On Education, Justice, and Respect, Sara Lawrence-Lightfoot
Williams v. Illinois and the Confrontation Clause: Does Testimony by a Surrogate Witness Violate the Confrontation Clause?, Paul F. Rothstein and Ronald J. Coleman
Withdrawing from International Custom: Terrible Food, Small Portions, Carlos Manuel Vázquez
Wyeth v. Levine and Its Implications, Brian Wolfman
Yale Rosenberg: The Scholar and the Teacher of Jewish Law, Sherman L. Cohn