Submissions from 2011
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
Cultivating Justice for the Working Poor: Clinical Representation of Unemployment Claimants, Colleen F. Shanahan
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
Legal Theory Lexicon: Legal Theory, Jurisprudence, and the Philosophy of Law, Lawrence B. Solum
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
Remarks by Dean William M. Treanor, William Michael Treanor
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
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
The Unsettled Nature of the Union, Carlos Manuel Vázquez
Withdrawing from International Custom: Terrible Food, Small Portions, Carlos Manuel Vázquez
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
PLIVA v. Mensing and Its Implications, Brian Wolfman and Dena Feldman
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
Corporate Environmental Social Responsibility: Corporate "Greenwashing" or a Corporate Culture Game Changer?, Hope M. Babcock
The Stories We Tell, and Have Told, About Tribal Sovereignty: Legal Fictions at Their Most Pernicious, Hope M. Babcock
Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, Randy E. Barnett
The United States' Engagement in Global Tobacco Control: Proposals for Comprehensive Funding and Strategies, Thomas J. Bollyky and Lawrence O. Gostin
Following Only Some of the Money in Russia, Ethan S. Burger
Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne
How Should Colleges and Universities Respond to Peer Sexual Violence on Campus? What the Current Legal Environment Tells Us, Nancy Chi Cantalupo
Using Law and Education to Make Human Rights Real in Women’s Real Lives, Nancy Chi Cantalupo
The Misuse of Textualism: A Further Reply to Prof. Kahn, Stephen B. Cohen
Hope and Betrayal on Death Row, David Cole
The Roberts Court vs. Free Speech, David Cole
The Sacrificial Yoo: Accounting for Torture in the OPR Report, David Cole
They Did Authorize Torture, But..., David Cole
An Autobiography of a Digital Idea: From Waging War Against Laptops to Engaging Students With Laptops, Diana R. Donahoe
The Shadow of State Secrets, Laura K. Donohue
The Closed Rule, Michael Doran
Why Care About Mass Incarceration?, James Forman Jr.
Stories Told and Untold: Confidentiality Laws and the Master Narrative of Child Welfare, Matthew I. Fraidin
Systemic Regulation of Global Trade and Finance: A Tale of Two Systems, R. Michael Gadbaw
Harvard and Yale Ascendant: The Legal Education of the Justices from Holmes to Kagan, Patrick J. Glen
Paradigm shifts in international justice and the duty to protect; in search of an action principle, Patrick J. Glen
“To Remand, or Not to Remand”: Ventura’s Ordinary Remand Rule and the Evolving Jurisprudence of Futility, Patrick J. Glen
Neuroscience and the Free Exercise of Religion, Steven Goldberg
Mapping the Issues: Public Health, Law and Ethics, Lawrence O. Gostin
Redressing the Unconscionable Health Gap: A Global Plan for Justice, Lawrence O. Gostin
The National Individual Health Insurance Mandate: Ethics and the Constitution, Lawrence O. Gostin
The Right to Bear Arms: A Uniquely American Entitlement, Lawrence O. Gostin
The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin
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
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
National and Global Responsibilities for Health, Lawrence O. Gostin, Mark Heywood, Gorik Ooms, Anand Grover, John-Arne Røttingen, and Wang Chenguang
Reducing Distracted Driving: Regulation and Education to Avert Traffic Injuries and Fatalities, Lawrence O. Gostin and Peter D. Jacobson
Restoring Health to Health Reform, Lawrence O. Gostin and Peter D. Jacobson
The President’s Global Health Initiative, Lawrence O. Gostin and Emily A. Mok
Implementing Public Health Regulations in Developing Countries: Lessons from the OECD Countries, Lawrence O. Gostin, Emily A. Mok, Monica Das Gupta, and Max Levin
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
Where Credit Is Due: Advantages of the Credit-Invoice Method for a Partial Replacement VAT, Itai Grinberg
Rights Talk and Patient Subjectivity: The Role of Autonomy, Equality and Participation Norms, Nan D. Hunter
Methodological Challenges in Comparative Constitutional Law, Vicki C. Jackson
Reading Stoneridge Carefully: A Duty-based Approach to Reliance and Third Party Liability Under Rule 10b-5, Donald C. Langevoort
David Luban, Review of Daniel Markovits, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age, David Luban
How Must a Lawyer Be? A Response to Woolley and Wendel, David Luban
Opting Out of the Law of War: Comments on 'Withdrawing from International Custom', David Luban
The Conscience of a Prosecutor, David Luban
The Rule of Law and Human Dignity: Reexamining Fuller’s Canons, David Luban
The Case for Social Rights, Virginia Mantouvalou
Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts, Carrie Menkel-Meadow and Bryant Garth
Love as Legal Methodology: Comments on Love in a Time of Envy, Naomi Mezey
International Assistance and Cooperation for Access to Essential Medicines, Emily A. Mok
On the Question of a Complexity Exception to the Seventh Amendment Guarantee of Trial by Jury, James Oldham
Honest-Services Fraud: A (Vague) Threat to Millions of Blissfully Unaware (and Non-Culpable) American Workers, Julie R. O'Sullivan
Taxes and Death: The Rise and Demise of an American Law Firm, Milton C. Regan
Supply Chains and Porous Boundaries: The Disaggregation of Legal Services, Milton C. Regan and Palmer T. Heenan
The Subjects of the Constitution, Nicholas Quinn Rosenkranz
Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress, Dakota S. Rudesill
Three Transnational Discourses of Labor Law in Domestic Reforms, Alvaro Santos
Making Self-Regulation More Than Merely Symbolic: The Critical Role of the Legal Environment, Jodi Short and Michael W. Toffel
Free Speech at What Cost?: Snyder v. Phelps and Speech-Based Tort Liability, Jeffrey Shulman
The Parent as (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman
When is Religious Speech Outrageous?: Snyder v. Phelps and the Limits of Religious Advocacy, Jeffrey Shulman
Educating Lawyers for the Global Economy: National Challenges, Carole Silver
Top 10 Law School Home Pages of 2009, Roger Skalbeck
In Praise of the Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, Abbe Smith
Narrative, Normativity, and Causation, Lawrence B. Solum
Questioning Cultural Commons, Lawrence B. Solum