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Submissions from 2007

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My Fair Ladies : Sex, Gender, and Fair Use in Copyright, Rebecca Tushnet

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Naming Rights: Attribution and Law, Rebecca Tushnet

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Payment in Credit: Copyright Law and Subcultural Creativity, Rebecca Tushnet

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Trademark Law as Commercial Speech Regulations, Rebecca Tushnet

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Why the Customer Isn’t Always Right: Producer-Based Limits on Rights Accretion in Trademark, Rebecca Tushnet

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The Federal “Claim” in the District Courts: Osborn, Verlinden, and Protective Jurisdiction, Carlos Manuel Vázquez

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Book Review: Social Justice: The Moral Foundations of Public Health and Health Policy, Robin West

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Speech, Silence, and Ethical Lives in the Law, Robin West

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Why Preemption Proponents are Wrong, Brian Wolfman

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Reforming the Taxation of Deferred Compensation, Ethan Yale and Gregg D. Polsky

Submissions from 2006

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Teaching the Rules of "Truth", Jane H. Aiken

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Reserved Indian Water Rights in Riparian Jurisdictions: Water, Water Everywhere, Perhaps Some Drops for Us, Hope M. Babcock

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Caveat Blogger: Blogging and the Flight from Scholarship, Randy E. Barnett

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Clauses Not Cases, Randy E. Barnett

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Scalia's Infidelity: A Critique of "Faint-Hearted" Originalism, Randy E. Barnett

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The Ninth Amendment: It Means What It Says, Randy E. Barnett

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Who's Afraid of Unenumerated Rights?, Randy E. Barnett

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

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

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

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Race, Money and Medicines, Maxwell Gregg Bloche

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Bond Covenants and Creditor Protection: Economics and Law, Theory and Practice, Substance and Process, William W. Bratton

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What the Internet Age Means for Female Scholars, Rosa Brooks

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We The People's Executive, Rosa Ehrenreich Brooks

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Constitutional Academic Freedom After Grutter: Getting Real about the "Four Freedoms" of a University, J. Peter Byrne

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Domestic Violence in Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, and Sue Shin

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

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Copyright, Commodification, and Culture: Locating the Public Domain, Julie E. Cohen

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Pervasively Distributed Copyright Enforcement, Julie E. Cohen

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Why Civil Rights Lawyers Should Study Tax, Stephen B. Cohen and Laura Sager

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Are We Safer?, David Cole

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How to Skip the Constitution, David Cole

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In Case of Emergency, David Cole

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Reviving the Nixon Doctrine: NSA Spying, the Commander-In-Chief, and Excutive Power in the War on Terror, David Cole

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The Idea of Humanity: Human Rights and Immigrants' Rights, David Cole

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The Liberal Legacy of Bush v. Gore, David Cole

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Why the Court Said No, David Cole

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

NSA Wiretapping Controversy: A Debate Between Professor David D. Cole and Professor Ruth Wedgwood, David Cole and Ruth Wedgwood

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Anglo-American Privacy and Surveillance, Laura K. Donohue

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Anti-Terrorist Finance in the United Kingdom and United States, Laura K. Donohue

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

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Legislatures, Agencies, Courts and Advocates: How Laws are Made, Interpreted and Modified, Chai R. Feldblum and Robin Appleberry

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Interpretative Theory and Tax Shelter Regulation, Brian Galle

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Beyond Unconscionability: Class Action Waivers and Mandatory Arbitration Agreements, J. Maria Glover

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Beyond Coercion: Justice Kennedy's Aversion to Animus, Steven Goldberg

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Cutter and the Preferred Position of the Free Exercise Clause, Steven Goldberg

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Kennewick Man and the Meaning of Life, Steven Goldberg

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What Does Social Justice Require For The Public’s Health? Public Health Ethics And Policy Imperatives, Lawrence O. Gostin and Madison Powers

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Implementing a Progressive Consumption Tax: Advantages of Adopting the VAT Credit-Method System, Itai Grinberg

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Knowing Killing and Environmental Law, Lisa Heinzerling

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Statutory Interpretation in the Era of OIRA, Lisa Heinzerling

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

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

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Managed Process, Due Care: Structures of Accountability in Health Care, Nan D. Hunter

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Twenty-First Century Equal Protection: Making Law in an Interregnum, Nan D. Hunter

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

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"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

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Hamdan v. Rumseld: The Legal Academy Goes to Practice, Neal K. Katyal

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Internal Separation of Powers: Checking Today's Most Dangerous Branch from Within, Neal K. Katyal

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New Rules for Promissory Fraud, Gregory Klass and Ian Ayres

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Federalism in Corporate/Securities Law: Reflections on Delaware, California, and State Regulation of Insider Trading, Donald C. Langevoort

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

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

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

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Who Is the Child Left Behind? The Racial Meaning of the New School Reform, Charles R. Lawrence III

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Crystals and Mud in Nature, Richard J. Lazarus

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

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Calling Genocide by Its Rightful Name: Lemkin's Word, Darfur, and the UN Report, David Luban

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Peace in the Valley: For Chris Iijima, Mari J. Matsuda

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The Federal Criminal "Code" is a Disgrace: Obstruction Statutes as Case Study, Julie R. O'Sullivan

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Block Grants, Early Childhood Education, and the Reauthorization of Head Start: From Positional Conflict to Interest-Based Agreement, Eloise Pasachoff

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

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Risky Business, Milton C. Regan

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Aristotle’s Tried and True Recipe for Argument Casserole, Kristen Konrad Robbins-Tiscione

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Philosophy v. Rhetoric in Legal Education: Understanding the Schism Between Doctrinal and Legal Writing Faculty, Kristen Konrad Robbins-Tiscione

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The Story of Upjohn Co. v. United States: One Man's Journey to Extend Lawyer-Client Confidentiality, and the Social Forces that Affected it, Paul F. Rothstein

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

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The World Bank's Uses of the "Rule of Law" Promise in Economic Development, Alvaro Santos

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

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Critical Constitutionalism Now, Louis Michael Seidman

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Defending and Despairing: The Agony of Juvenile Defense, Abbe Smith

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Defending the Unpopular Down-Under, Abbe Smith

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Blogging and the Transformation of Legal Scholarship, Lawrence B. Solum

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Constitutional Texting, Lawrence B. Solum

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Download It While It's Hot: Open Access and Legal Scholarship, Lawrence B. Solum

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Natural Justice, Lawrence B. Solum

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Pluralism and Public Legal Reason, Lawrence B. Solum

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Public Legal Reason, Lawrence B. Solum

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The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights, Lawrence B. Solum

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New Paradigms for the Jus ad Bellum?, Jane E. Stromseth

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Age and Tenure of the Justices and Productivity of the U.S. Supreme Court: Are Term Limits Necessary?, Joshua C. Teitelbaum

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Introduction: One Hundred Years of International Law at Fordham University, William Michael Treanor

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Introduction: The Jurisprudence of Justice Stevens Symposium, William Michael Treanor

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The Third Moment in Law and Development Theory and the Emergence of a New Critical Practice, David M. Trubek and Alvaro Santos

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"A Decent Respect to the Opinions of Mankind": Referring to Foreign Law to Express American Nationhood, Mark V. Tushnet

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Political Power and Judicial Power: Some Observations on Their Relation, Mark V. Tushnet

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Popular Constitutionalism As Political Law, Mark V. Tushnet

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Referring to Foreign Law in Constitutional Interpretation: An Episode in the Culture Wars, Mark V. Tushnet

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The "Constitution Restoration Act" and Judicial Independence: Some Observations, Mark V. Tushnet