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Submissions from 2011

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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

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The Unsettled Nature of the Union, Carlos Manuel Vázquez

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Withdrawing from International Custom: Terrible Food, Small Portions, Carlos Manuel Vázquez

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The Anti-Empathic Turn, Robin West

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The Limits of Process, Robin West

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Toward the Study of the Legislated Constitution, Robin West

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Tragic Rights: The Rights Critique in the Age of Obama, Robin West

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PLIVA v. Mensing and Its Implications, Brian Wolfman and Dena Feldman

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Building a Collaborative Digital Collection: A Necessary Evolution in Libraries, Michelle M. Wu

Submissions from 2010

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The Perils of Empowerment, Jane H. Aiken and Katherine Goldwasser

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Governing Board Accountability: Competition, Regulation and Accreditation, Judith C. Areen

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Corporate Environmental Social Responsibility: Corporate "Greenwashing" or a Corporate Culture Game Changer?, Hope M. Babcock

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How Judicial Hostility Toward Environmental Claims and Intimidation Tactics by Lawyers Have Formed the Perfect Storm Against Environmental Clinics: What's the Big Deal About Students and Chickens Anyway?, Hope M. Babcock

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The Stories We Tell, and Have Told, About Tribal Sovereignty: Legal Fictions at Their Most Pernicious, Hope M. Babcock

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Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, Randy E. Barnett

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The United States' Engagement in Global Tobacco Control: Proposals for Comprehensive Funding and Strategies, Thomas J. Bollyky and Lawrence O. Gostin

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

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Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne

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How Should Colleges and Universities Respond to Peer Sexual Violence on Campus? What the Current Legal Environment Tells Us, Nancy Chi Cantalupo

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Using Law and Education to Make Human Rights Real in Women’s Real Lives, Nancy Chi Cantalupo

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The Misuse of Textualism: A Further Reply to Prof. Kahn, Stephen B. Cohen

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Hope and Betrayal on Death Row, David Cole

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The Roberts Court vs. Free Speech, David Cole

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The Sacrificial Yoo: Accounting for Torture in the OPR Report, David Cole

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They Did Authorize Torture, But..., David Cole

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An Autobiography of a Digital Idea: From Waging War Against Laptops to Engaging Students With Laptops, Diana R. Donahoe

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The Shadow of State Secrets, Laura K. Donohue

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The Closed Rule, Michael Doran

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Ronald Dworkin’s Justice for Hedgehogs and Partnership Conception of Democracy (With a Comment to Jeremy Waldron’s 'A Majority in the Lifeboat'), Imer Flores

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Why Care About Mass Incarceration?, James Forman Jr.

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Stories Told and Untold: Confidentiality Laws and the Master Narrative of Child Welfare, Matthew I. Fraidin

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Systemic Regulation of Global Trade and Finance: A Tale of Two Systems, R. Michael Gadbaw

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Harvard and Yale Ascendant: The Legal Education of the Justices from Holmes to Kagan, Patrick J. Glen

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Paradigm shifts in international justice and the duty to protect; in search of an action principle, Patrick J. Glen

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“To Remand, or Not to Remand”: Ventura’s Ordinary Remand Rule and the Evolving Jurisprudence of Futility, Patrick J. Glen

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Neuroscience and the Free Exercise of Religion, Steven Goldberg

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Mapping the Issues: Public Health, Law and Ethics, Lawrence O. Gostin

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Redressing the Unconscionable Health Gap: A Global Plan for Justice, Lawrence O. Gostin

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The National Individual Health Insurance Mandate: Ethics and the Constitution, Lawrence O. Gostin

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The Right to Bear Arms: A Uniquely American Entitlement, Lawrence O. Gostin

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The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin

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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

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Health Care Reform — A Historic Moment in US Social Policy, Lawrence O. Gostin and Elenora E. Connors

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Health Care Reform in Transition: Incremental Insurance Reform Without an Individual Mandate, Lawrence O. Gostin and Elenora E. Connors

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National and Global Responsibilities for Health, Lawrence O. Gostin, Mark Heywood, Gorik Ooms, Anand Grover, John-Arne Røttingen, and Wang Chenguang

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Reducing Distracted Driving: Regulation and Education to Avert Traffic Injuries and Fatalities, Lawrence O. Gostin and Peter D. Jacobson

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Restoring Health to Health Reform, Lawrence O. Gostin and Peter D. Jacobson

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The President’s Global Health Initiative, Lawrence O. Gostin and Emily A. Mok

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Implementing Public Health Regulations in Developing Countries: Lessons from the OECD Countries, Lawrence O. Gostin, Emily A. Mok, Monica Das Gupta, and Max Levin

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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

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Where Credit Is Due: Advantages of the Credit-Invoice Method for a Partial Replacement VAT, Itai Grinberg

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Rights Talk and Patient Subjectivity: The Role of Autonomy, Equality and Participation Norms, Nan D. Hunter

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Methodological Challenges in Comparative Constitutional Law, Vicki C. Jackson

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Reading Stoneridge Carefully: A Duty-based Approach to Reliance and Third Party Liability Under Rule 10b-5, Donald C. Langevoort

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David Luban, Review of Daniel Markovits, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age, David Luban

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How Must a Lawyer Be? A Response to Woolley and Wendel, David Luban

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Opting Out of the Law of War: Comments on 'Withdrawing from International Custom', David Luban

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The Conscience of a Prosecutor, David Luban

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The Rule of Law and Human Dignity: Reexamining Fuller’s Canons, David Luban

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The Case for Social Rights, Virginia Mantouvalou

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Exporting U.S. Criminal Justice, Allegra M. McLeod

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

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Love as Legal Methodology: Comments on Love in a Time of Envy, Naomi Mezey

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International Assistance and Cooperation for Access to Essential Medicines, Emily A. Mok

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On the Question of a Complexity Exception to the Seventh Amendment Guarantee of Trial by Jury, James Oldham

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Honest-Services Fraud: A (Vague) Threat to Millions of Blissfully Unaware (and Non-Culpable) American Workers, Julie R. O'Sullivan

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Taxes and Death: The Rise and Demise of an American Law Firm, Milton C. Regan

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Supply Chains and Porous Boundaries: The Disaggregation of Legal Services, Milton C. Regan and Palmer T. Heenan

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The Subjects of the Constitution, Nicholas Quinn Rosenkranz

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Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress, Dakota S. Rudesill

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Three Transnational Discourses of Labor Law in Domestic Reforms, Alvaro Santos

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Making Self-Regulation More Than Merely Symbolic: The Critical Role of the Legal Environment, Jodi Short and Michael W. Toffel

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Free Speech at What Cost?: Snyder v. Phelps and Speech-Based Tort Liability, Jeffrey Shulman

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The Parent as (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman

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When is Religious Speech Outrageous?: Snyder v. Phelps and the Limits of Religious Advocacy, Jeffrey Shulman

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

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Top 10 Law School Home Pages of 2009, Roger Skalbeck

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In Praise of the Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, Abbe Smith

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Narrative, Normativity, and Causation, Lawrence B. Solum

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Questioning Cultural Commons, Lawrence B. Solum

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The Interpretation-Construction Distinction, Lawrence B. Solum

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The Unity of Interpretation, Lawrence B. Solum

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Disparate Impact, Girardeau A. Spann

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Finding the Middle Ground in Collection Development: How Academic Law Libraries Can Shape Their Collections in Response to the Call for More Practice-Oriented Legal Education, Leslie A. Street and Amanda M. Runyon

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Allocation Rules and the Stability of Mass Tort Class Actions, Joshua C. Teitelbaum

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Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation, John R. Thomas

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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

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Attention Must Be Paid: Commercial Speech, User-Generated Ads, and the Challenge of Regulation, Rebecca Tushnet

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

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I Put You There: User-Generated Content and Anticircumvention, Rebecca Tushnet

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Unfair Competition and Uncommon Sense, Rebecca Tushnet

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Eliminating Trade Remedies from the WTO: Lessons from Regional Trade Agreements, Tania Voon

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A Marriage is a Marriage is a Marriage: The Limits of Perry v. Brown, Robin West

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Rights, Harms, and Duties: A Response to Justice for Hedgehogs, Robin West

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Adaptation to the Health Consequences of Climate Change as a Potential Influence on Public Health Law and Policy: From Preparedness to Resilience, Lindsay F. Wiley

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Innocence Commissions and the Future of Post-Conviction Review, David Wolitz

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Medical Malpractice Liability Crisis or Patient Compensation Crisis?, Kathryn Zeiler

Submissions from 2009

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Assuming Personal Responsibility for Improving the Environment: Moving Toward a New Environmental Norm, Hope M. Babcock

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Civic Republicanism Provides Theoretical Support for Making Individuals More Environmentally Responsible, Hope M. Babcock

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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