Submissions from 2010
Rejecting Refugees: Homeland Security's Administration of the One-Year Bar to Asylum, Andrew I. Schoenholtz, Philip G. Schrag, Jaya Ramji-Nogales, and James P. Dombach
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
The Interpretation-Construction Distinction, Lawrence B. Solum
The Unity of Interpretation, Lawrence B. Solum
Disparate Impact, Girardeau A. Spann
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
Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation, John R. Thomas
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
Attention Must Be Paid: Commercial Speech, User-Generated Ads, and the Challenge of Regulation, Rebecca Tushnet
Hybrid Vigor: Mashups, Cyborgs, and Other Necessary Monsters, Rebecca Tushnet
I Put You There: User-Generated Content and Anticircumvention, Rebecca Tushnet
Unfair Competition and Uncommon Sense, Rebecca Tushnet
Eliminating Trade Remedies from the WTO: Lessons from Regional Trade Agreements, Tania Voon
A Marriage is a Marriage is a Marriage: The Limits of Perry v. Brown, Robin West
Rights, Harms, and Duties: A Response to Justice for Hedgehogs, Robin West
Too Much Mothering, Robin West
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
Innocence Commissions and the Future of Post-Conviction Review, David Wolitz
Medical Malpractice Liability Crisis or Patient Compensation Crisis?, Kathryn Zeiler
Submissions from 2009
On Law and the Transition to Market: The Case of Egypt, Lama Abu-Odeh
Reactions: Natsu Taylor Saito's 'Colonial Presumptions: The War on Terror and the Roots of American Exceptionalism', Lama Abu-Odeh
Assuming Personal Responsibility for Improving the Environment: Moving Toward a New Environmental Norm, Hope M. Babcock
Civic Republicanism Provides Theoretical Support for Making Individuals More Environmentally Responsible, Hope M. Babcock
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
The Problem with Particularized Injury: The Disjuncture Between Broad-Based Environmental Harm and Standing Jurisprudence, Hope M. Babcock
The Public Trust Doctrine: What a Tall Tale They Tell, Hope M. Babcock
Jupiter as Everyman: Michael Reisman and the Scholar as Teacher, James E. Baker
Is the Constitution Libertarian?, Randy E. Barnett
The Harmful Side Effects of Drug Prohibition, Randy E. Barnett
The Misconceived Assumption About Constitutional Assumptions, Randy E. Barnett
The Separation of People and State, Randy E. Barnett
The Emergent Logic of Health Law, Maxwell Gregg Bloche
Celebrating Thurgood Marshall: The Prophetic Dissenter, Susan Low Bloch
Neo-orthodoxy in Academic Freedom, J. Peter Byrne
Campus Violence: Understanding the Extraordinary Through the Ordinary, Nancy Chi Cantalupo
The Victim-Informed Prosecution Project: A Quasi-Experimental Test of a Collaborative Model for Cases of Intimate Partner Violence, Lauren Bennett Cattaneo, Lisa A. Goodman, Deborah Epstein, Laurie S. Kohn, and Holly A. Zanville
Does Brummeria Sweep Clean? A U.S. Tax-Law Perspective, Stephen B. Cohen
Judge Sonia Sotomayor’s Tax Opinions, Stephen B. Cohen
Whom Do You Trust? A Reply to Prof. Kahn, Stephen B. Cohen
Can Our Shameful Prisons Be Reformed?, David Cole
Out of the Shadows: Preventive Detention, Suspected Terrorists, and War, David Cole
The Same-Sex Future, David Cole
The Torture Memos: The Case Against the Lawyers, David Cole
What to Do About the Torturers?, David Cole
Self-Realizing Inventions and the Utilitarian Foundation of Patent Law, Alan J. Devlin and Neel U. Sukhatme
Affordable Housing and the Conflict of Competing Goods: A Policy Dilemma, Michael R. Diamond
Another Model of Low Income Housing Tax Credit Development: Building Housing and Building Capacity, Michael R. Diamond
The Meaning and Nature of Property: Homeownership and Shared Equity in the Context of Poverty, Michael R. Diamond
Cruelty, Prison Conditions, and the Eighth Amendment, Sharon Dolovich
Incarceration American-Style, Sharon Dolovich
The Perilous Dialogue, Laura K. Donohue
Managers, Shareholders, and the Corporate Double Tax, Michael Doran
Tax Penalties and Tax Compliance, Michael Doran
Ernst Freund, Felix Frankfurter and the American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932, Daniel R. Ernst
Pierson v. Post: The New Learning, Daniel R. Ernst
The Politics of Administrative Law: New York's Anti-Bureaucracy Clause and the O'Brian-Wagner Campaign of 1938, Daniel R. Ernst
Exporting Harshness: How the War on Crime Helped Make the War on Terror Possible, James Forman Jr.
No Ordinary Success: The Boundaries of School Reform, James Forman Jr.
Hidden Taxes, Brian Galle
The LDS Church, Proposition Eight, and the Federal Law of Charities, Brian Galle
Commentary, Anna Gelpern
Financial Crisis Containment, Anna Gelpern
Punishing Pharmaceutical Companies for Unlawful Promotion of Approved Drugs: Why the False Claims Act is the Wrong Rx, Vicki W. Girard
A Broader Liberty: JS Mill, Paternalism, and the Public’s Health, Lawrence O. Gostin and Kieran G. Gostin
Improving Laws and Legal Authorities for Obesity Prevention and Control, Lawrence O. Gostin and Jennifer L. Pomeranz
Assessing Laws and Legal Authorities for Obesity Prevention and Control, Lawrence O. Gostin, Jennifer L. Pomeranz, Peter D. Jacobson, and Richard N. Gottfried
What’s Wrong With Victims’ Rights in Juvenile Court?: Retributive v. Rehabilitative Systems of Justice, Kristin N. Henning
Conflicts Between Dispute Settlement Mechanisms in Regional Trade Agreements and the WTO — What Should WTO Do?, Jennifer A. Hillman
The Medical Library Association Annual Meeting: How Technology is Changing Medicine and May Change the Law, Kumar Percy Jayasuriya
A Law Library Development Project in Iraq: Looking Back Two Years Later, Kimberli Kelmor
International Lawyer’s Guide to Legal Analysis and Communication in the United States, Kimberli Kelmor
Is Law an Economic Contest? French Reactions to the Doing Business World Bank Reports and Economic Analysis of the Law, Anne-Julie Kerhuel and Bénédicte Fauvarque-Cosson
A Conditional Intent to Perform, Gregory Klass
Intent to Contract, Gregory Klass
ASAT-isfaction: Customary International Law and the Regulation of Anti-Satellite Weapons, David A. Koplow
The SEC and the Madoff Scandal: Three Narratives in Search of a Story, Donald C. Langevoort
Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future, Richard J. Lazarus
Human Dignity, Humiliation, and Torture, David Luban
Empirical Health Law Scholarship: The State of the Field, Michelle M. Mello and Kathryn Zeiler
Asylum in a Different Voice: Judging Immigration Claims and Gender, Carrie Menkel-Meadow
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
Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell and Elizabeth Sheargold
A Tale of Two Lochners: The Untold History of Substantive Due Process and the Idea of Fundamental Rights, Victoria Nourse
Roscoe Pound, Melvin Belli, and the Personal-Injury Bar: The Tale of an Odd Coupling, Joseph A. Page
How (Not) to Think Like a Punisher, Alice G. Ristroph
Is Law? Constitutional Crisis and Existential Anxiety, Alice G. Ristroph
Updating the Merger Guidelines: Comments, Steven C. Salop and Serge Moresi
Labor Flexibility, Legal Reform and Economic Development, Alvaro Santos
A Plea for Reality, Roy A. Schotland
Making Sense of the Establishment Clause, Jeffrey Shulman