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