The Scholarly Commons
Submissions from 2012
Does the Constitution Protect Economic Liberty?, Randy E. Barnett
Historic Preservation and its Cultured Despisers: Reflections on the Contemporary Role of Preservation Law in Urban Development, J. Peter Byrne
Configuring the Networked Citizen, Julie E. Cohen
Configuring the Networked Self: Law, Code, and the Play of Everyday Practice, Julie E. Cohen
The First Amendment’s Borders: The Place of Holder v. Humanitarian Law Project in First Amendment Doctrine, David Cole
The Taint of Torture: The Roles of Law and Policy in Our Descent to the Dark Side, David Cole
The Ninth Circuit's Perry Decision and the Constitutional Politics of Marriage Equality, William N. Eskridge
The Distinctiveness of Appellate Adjudication, Heidi Li Feldman
Changing the Narrative of Child Welfare, Matthew I. Fraidin
Health Care and the Illegal Immigrant, Patrick J. Glen
Marketing Pharmaceuticals: A Constitutional Right to Sell Prescriber-Identified Data?, Lawrence O. Gostin
Affordable Care Act Litigation: The Supreme Court and the Future of Health Care Reform, Lawrence O. Gostin and Kelli K. Garcia
Animus Thick and Thin: The Broader Impact of the Ninth Circuit Decision in Perry V. Brown, Nan D. Hunter
Meaning, Purpose, and Cause in the Law of Deception, Gregory Klass
To Perform or Pay Damages, Gregory Klass
The Limits of Government Regulation of Science, John D. Kraemer and Lawrence O. Gostin
Behavioral Approaches to Corporate Law, Donald C. Langevoort
Military Lawyers and the Two Cultures Problem, David Luban
Misplaced Fidelity, David Luban
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, Helena Nygren-Krug, Oscar A. Cabrera, Ana Ayala, and Lawrence O. Gostin
Against the New Maternalism, Naomi Mezey and Cornelia T. Pillard
Where to Begin? Training New Teachers in the Art of Clinical Pedagogy, Wallace J. Mlyniec
Response Essay: Some Observations on Professor Schwartz's "Foundation" Theory of Evidence, Paul F. Rothstein
Carving Out Policy Autonomy for Developing Countries in the World Trade Organization: The Experience of Brazil and Mexico, Alvaro Santos
Depoliticizing Federalism, Louis Michael Seidman
Who Owns the Soul of the Child?: An Essay on Religious Parenting Rights and the Enfranchisement of the Child, Jeffrey Shulman
Top 10 Law School Home Pages of 2011, Roger Skalbeck
Inside the Blackwall Box: Explaining U.S. Marine Salvage Awards, Joshua C. Teitelbaum
Submissions from 2011
Accreditation Reconsidered, Judith C. Areen
Contract is Not Promise; Contract is Consent, Randy E. Barnett
Interpretation and Construction, Randy E. Barnett
Jack Balkin's Interaction Theory of “Commerce”, Randy E. Barnett
The Case for the Repeal Amendment, Randy E. Barnett
The Tea Party, the Constitution, and the Repeal Amendment, Randy E. Barnett
Turning Citizens into Subjects: Why the Health Insurance Mandate is Unconstitutional, Randy E. Barnett
Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment, Randy E. Barnett
Doing Too Much: The Standard Deduction and the Conflict Between Progressivity and Simplification, John R. Brooks II
Eminent Domain and Racial Discrimination: A Bogus Equation, J. Peter Byrne
Stop the Stop the Beach Plurality!, J. Peter Byrne
Burying Our Heads in the Sand: Lack of Knowledge, Knowledge Avoidance and the Persistent Problem of Campus Peer Sexual Violence, Nancy Chi Cantalupo
Copyright as Property in the Post-Industrial Economy: A Research Agenda, Julie E. Cohen
Is Health Care Reform Unconstitutional?, David Cole
Turning the Corner on Mass Incarceration?, David Cole
Biodefense and Constitutional Constraints, Laura K. Donohue
Legislative Organization and Administrative Redundancy, Michael Doran
Democracy Promotion in the Obama Administration: An Opportunity to Match Action to Rhetoric, Patrick J. Glen
Law as Asymmetric Information: Theory, Application, and Results in the Context of Foreign Direct Investment in Real Estate, Patrick J. Glen
The ADVANCE Democracy Act and the Future of United States Democracy Promotion Efforts, Patrick J. Glen
Mandatory HPV Vaccination and Political Debate, Lawrence O. Gostin
The FDA, Preemption, and Public Safety: Antiregulatory Effects and Maddening Inconsistency, Lawrence O. Gostin
WHO’s Pandemic Influenza Preparedness Framework: A Milestone in Global Governance for Health, Lawrence O. Gostin and David P. Fidler
The Joint Action and Learning Initiative: Towards a Global Agreement on National and Global Responsibilities for Health, Lawrence O. Gostin, Eric A. Friedman, Gorik Ooms, Thomas Gebauer, Narendra Gupta, Devi Sridhar, Wang Chenguang, John-Arne Røttingen, and David Sanders
Restoring Health to Health Reform: Integrating Medicine and Public Health to Advance the Population's Wellbeing, Lawrence O. Gostin, Peter D. Jacobson, Katherine L. Record, and Lorian E. Hardcastle
Ethical Allocation of Preexposure HIV Prophylaxis, Lawrence O. Gostin and Susan C. Kim
Dangerous People or Dangerous Weapons: Access to Firearms for Persons With Mental Illness, Lawrence O. Gostin and Katherine L. Record
Food and Drug Administration Regulation of Food Safety, Lawrence O. Gostin and Katie F. Stewart
When Parental Authority Goes Too Far: The Fourth Amendment Rights of Minors in Their Parents' Homes, Kristin N. Henning
Health Insurance Reform and Intimations of Citizenship, Nan D. Hunter
Promise Etc., Gregory Klass
Implied Certification under the False Claims Act, Gregory Klass and Michael Holt
Chasing the Greased Pig Down Wall Street: A Gatekeeper’s Guide to the Psychology, Culture and Ethics of Financial Risk-Taking, Donald C. Langevoort
The Behavioral Economics of Mergers and Acquisitions, Donald C. Langevoort
Private Disordering: Payment Card Fraud Liability Rules, Adam J. Levitin
Mortgage Servicing, Adam J. Levitin and Tara Twomey
Carl Schmitt and the Critique of Lawfare, David Luban
Hannah Arendt as a Theorist of International Criminal Law, David Luban
Risk Taking and Force Protection, David Luban
Mental Torture: A Critique of Erasures in U.S. Law, David Luban and Henry Shue
Law's Visual Afterlife: Violence, Popular Culture, and Translation Theory, Naomi Mezey
Emotion, Neuroscience, and Law: A Comment on Darwin and Greene, John Mikhail
Informal Law-Making in England by the Twelve Judges in the Late 18th and Early 19th Centuries, James Oldham
Biosafety Concerns Involving Genetically Modified Mosquitoes to Combat Malaria and Dengue in Developing Countries, Graciela R. Ostera and Lawrence O. Gostin
Special Education, Poverty, and the Limits of Private Enforcement, Eloise Pasachoff
A Call To Combine Rhetorical Theory and Practice in the Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
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
Williams v. Illinois and the Confrontation Clause: Does Testimony by a Surrogate Witness Violate the Confrontation Clause?, Paul F. Rothstein and Ronald J. Coleman
Iowa’s 2010 Judicial Election: Appropriate Accountability or Rampant Passion?, Roy A. Schotland
The Post-Citizens United Fantasy-land, Roy A. Schotland
Coordinating Loan Repayment Assistance Programs with New Federal Legislation, Philip G. Schrag and Charles Pruett
Should We Have a Liberal Constitution?, Louis Michael Seidman
Epic Considerations: The Speech that the Supreme Court Would Not Hear in Snyder v. Phelps, Jeffrey Shulman
The Siren Song of History: Originalism and the Religion Clauses, Jeffrey Shulman
Top 10 Law School Home Pages of 2010, Roger Skalbeck and Jason Eiseman
Reforming the World Health Organization, Devi Sridhar and Lawrence O. Gostin
Against Flexibility, David A. Super
The Rise and Fall of the Implied Warranty of Habitability, David A. Super
The WHO Global Code of Practice on the International Recruitment of Health Personnel: The Evolution of Global Health Diplomacy, Allyn L. Taylor and Ibadat S. Dhillon
Coming Clean and Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing?, Michael W. Toffel and Jodi Short
Looking at the Lanham Act: Images in Trademark and Advertising Law, Rebecca Tushnet
Running the Gamut from A to B: Federal Trademark and False Advertising Law, Rebecca Tushnet
Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children, Rebecca Tushnet
Towards Symmetry in the Law of Branding, Rebecca Tushnet
The Anti-Empathic Turn, Robin West
The Limits of Process, Robin West
Toward the Study of the Legislated Constitution, Robin West
Tragic Rights: The Rights Critique in the Age of Obama, Robin West
Building a Collaborative Digital Collection: A Necessary Evolution in Libraries, Michelle M. Wu
Submissions from 2010
The Perils of Empowerment, Jane H. Aiken and Katherine Goldwasser
Governing Board Accountability: Competition, Regulation and Accreditation, Judith C. Areen