The Scholarly Commons

Submissions from 2010

Following Only Some of the Money in Russia, Ethan S. Burger

Neuroscience and the Free Exercise of Religion, Steven Goldberg

Bankruptcy Markets: Making Sense of Claims Trading, Adam J. Levitin

Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts, Carrie Menkel-Meadow and Bryant Garth

Educating Lawyers for the Global Economy: National Challenges, Carole Silver

Top 10 Law School Home Pages of 2009, Roger V. Skalbeck

Hybrid Vigor: Mashups, Cyborgs, and Other Necessary Monsters, Rebecca Tushnet

Submissions from 2009

Neo-orthodoxy in Academic Freedom, J. Peter Byrne

The Same-Sex Future, David Cole

The Torture Memos: The Case Against the Lawyers, David Cole

What to Do About the Torturers?, David Cole

Cruelty, Prison Conditions, and the Eighth Amendment, Sharon Dolovich

Incarceration American-Style, Sharon Dolovich

Ernst Freund, Felix Frankfurter and the American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932, Daniel R. Ernst

The Medical Library Association Annual Meeting: How Technology is Changing Medicine and May Change the Law, Kumar Percy Jayasuriya

Intent to Contract, Gregory Klass

Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future, Richard J. Lazarus

Chronicling the Complexification of Negotiation Theory and Practice, Carrie Menkel-Meadow

The Next Generation: Creating New Peace Processes in the Middle East, Carrie Menkel-Meadow and Irena Nutenko

How (Not) to Think Like a Punisher, Alice G. Ristroph

Economies of Desire: Fair Use and Marketplace Assumptions, Rebecca Tushnet

Fighting Freestyle: The First Amendment, Fairness, and Corporate Reputation, Rebecca Tushnet

From Choice to Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West

Healthy Planet, Healthy People: Integrating Global Health into the International Response to Climate Change, Lindsay F. Wiley

The International Response to Climate Change: An Agenda for Global Health, Lindsay F. Wiley and Lawrence O. Gostin

Submissions from 2008

A Larger War on Terror?, David Cole

The Brits Do It Better, David Cole

Submissions from 2007

Private Standards, Public Governance: A New Look at the Financial Accounting Standards Board, William Wilson Bratton

Due Process Land Use Claims After Lingle, J. Peter Byrne

Creativity and Culture in Copyright Theory, Julie E. Cohen

Against Citizenship as a Predicate for Basic Rights, David Cole

The Grand Inquisitors, David Cole

The Man Behind the Torture, David Cole

The Rise and Fall of School Vouchers: A Story of Religion, Race, and Politics, James Forman, Jr.

A Theory and Definition of Public Health Law, Lawrence O. Gostin

The Impact on Director and Officer Behavior: Reflective Essays, Donald C. Langevoort

The Social Construction of Sarbanes-Oxley, Donald C. Langevoort

The Defense of Torture, David Luban

Our Other Reproductive Choices: Equality in Sex Education, Contraceptive Access, and Work-Family Policy, Cornelia T. Pillard

Impacts of White, Roy A. Schotland

Judges' Pay: A Chasm Far Worse than Realized, and Worsening, Roy A. Schotland

Submissions from 2006

It's a Bird, It's a Plane, No, It's Super Precedent: A Response to Faber and Gerhardt, Randy E. Barnett

Restoring the Lost Constitution, Not the Constitution in Exile, Randy E. Barnett

The Presumption of Liberty and the Public Interest: Medical Marijuana and Fundamental Rights, Randy E. Barnett

Democracy, Race, and Multiculturalism in the Twenty-First Century: Will the Voting Rights Act Ever be Obsolete?, Sheryll D. Cashin

Are We Safer?, David Cole

How to Skip the Constitution, David Cole

In Case of Emergency, David Cole

Why the Court Said No, David Cole

The National Security Agency's Domestic Spying Program: Framing the Debate, David Cole and Martin S. Lederman

Moral Conflict and Liberty: Gay Rights and Religion, Chai R. Feldblum

It Takes a Lawyer to Raise a Child?: Allocating Responsibilities Among Parents, Children, and Lawyers in Delinquency Cases, Kristin N. Henning

Justice Blackmun, Abortion, and the Myth of Medical Independence, Nan D. Hunter

Constitutions as "Living Trees"? Comparative Constitutional Law and Interpretive Metaphors, Vicki C. Jackson

"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

New Rules for Promissory Fraud, Gregory Klass and Ian Ayres

Internal Controls After Sarbanes-Oxley: Revisiting Corporate Law's "Duty of Care as Responsibility for Systems", Donald C. Langevoort

Reflections on Scienter (and the Securities Fraud Case Against Martha Stewart that Never Happened), Donald C. Langevoort

Someplace Between Philosophy and Economics: Legitimacy and Good Corporate Lawyering, Donald C. Langevoort

The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court, Richard J. Lazarus

Unitariness and Myopia: The Executive Branch, Legal Process and Torture, Cornelia T. Pillard

Exclusionary Conduct, Effect on Consumers, and the Flawed Profit-Sacrifice Standard, Steven C. Salop

Edmund Burke, John Whyte and Themes in Canadian Constitutional Culture, David Schneiderman

Submissions from 2005

Foreword: What's So Wicked About Lochner?, Randy E. Barnett

Grading Justice Kennedy: A Reply to Professor Carpenter, Randy E. Barnett

Limiting Raich, Randy E. Barnett

Trumping Precedent With Original Meaning: Not As Radical As It Sounds, Randy E. Barnett

Constitutive Commitments and Roosevelt's Second Bill of Rights: A Dialogue, Randy E. Barnett and Cass R. Sunstein

Welfare, Dialectic, and Mediation in Corporate Law, William Wilson Bratton

Condemnation of Low Income Residential Communities Under the Takings Clause, J. Peter Byrne

Comment: Copyright's Public-Private Distinction, Julie E. Cohen

The Place of the User in Copyright Law, Julie E. Cohen

What Bush Wants to Hear, David Cole

The Very Idea of a First Amendment Right Against Compelled Subsidization, Gregory Klass

Private Litigation to Enforce Fiduciary Duties in Mutual Funds: Derivative Suits, Disinterested Directors and the Ideology of Investor Sovereignty, Donald C. Langevoort

Human Nature, the Laws of Nature, and the Nature of Environmental Law, Richard J. Lazarus

Lawyers as Upholders of Human Dignity (When They Aren't Busy Assaulting It), David Luban

Liberalism, Torture, and the Ticking Bomb, David Luban

Screening the Law: Ideology and Law in American Popular Culture, Naomi Mezey and Mark C. Niles

The Unfulfilled Promise of the Constitution in Executive Hands, Cornelia T. Pillard

Anticompetitive Overbuying by Power Buyers, Steven C. Salop

Submissions from 2004

Modernizing Muslim Family Law: The Case of Egypt, Lama Abu-Odeh

The Politics of (Mis)recognition: Islamic Law Pedagogy in American Academia, Lama Abu-Odeh

The Effect of the United States Supreme Court's Eleventh Amendment Jurisprudence on Clean Water Act Citizen Suits: Muddied Waters, Hope M. Babcock

Pari Passu and A Distressed Sovereign's Rational Choices, William Wilson Bratton

Uncle Sam is Watching You, David Cole

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

Eroding Confidentiality in Delinquency Proceedings: Should Schools and Public Housing Authorities Be Notified?, Kristin N. Henning

Living with Lawrence, Nan D. Hunter

Sexual Orientation and the Paradox of Heightened Scrutiny, Nan D. Hunter

International Law Status of WTO Dispute Settlement Reports: Obligation to Comply or Option to "Buy Out"?, John H. Jackson

Constitutional Dialogue and Human Dignity: States and Transnational Constitutional Discourse, Vicki C. Jackson

The Non-Monetary Value of Reparations Rhetoric, Emma Coleman Jordan

Promissory Fraud Without Breach, Gregory Klass and Ian Ayres

Deliberate Extinction: Whether to Destroy the Last Smallpox Virus, David A. Koplow

Overcoming Resistance to Diversity in the Executive Suite: Grease, Grit, and the Corporate Tournament, Donald C. Langevoort

Technological Evolution and the Devolution of Corporate Financial Reporting, Donald C. Langevoort

Judging Environmental Law, Richard J. Lazarus

A Theory of Crimes Against Humanity, David Luban

The Coiled Serpent of Argument: Reason, Authority, and Law in a Talmudic Tale, David Luban