Submissions from 2006
In Case of Emergency, David Cole
Reviving the Nixon Doctrine: NSA Spying, the Commander-In-Chief, and Excutive Power in the War on Terror, David Cole
The Idea of Humanity: Human Rights and Immigrants' Rights, David Cole
The Liberal Legacy of Bush v. Gore, 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
NSA Wiretapping Controversy: A Debate Between Professor David D. Cole and Professor Ruth Wedgwood, David Cole and Ruth Wedgwood
Anglo-American Privacy and Surveillance, Laura K. Donohue
Anti-Terrorist Finance in the United Kingdom and United States, Laura K. Donohue
Moral Conflict and Liberty: Gay Rights and Religion, Chai R. Feldblum
Legislatures, Agencies, Courts and Advocates: How Laws are Made, Interpreted and Modified, Chai R. Feldblum and Robin Appleberry
Interpretative Theory and Tax Shelter Regulation, Brian Galle
Beyond Unconscionability: Class Action Waivers and Mandatory Arbitration Agreements, J. Maria Glover
Beyond Coercion: Justice Kennedy's Aversion to Animus, Steven Goldberg
Cutter and the Preferred Position of the Free Exercise Clause, Steven Goldberg
Kennewick Man and the Meaning of Life, Steven Goldberg
What Does Social Justice Require For The Public’s Health? Public Health Ethics And Policy Imperatives, Lawrence O. Gostin and Madison Powers
Implementing a Progressive Consumption Tax: Advantages of Adopting the VAT Credit-Method System, Itai Grinberg
Knowing Killing and Environmental Law, Lisa Heinzerling
Statutory Interpretation in the Era of OIRA, Lisa Heinzerling
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
Managed Process, Due Care: Structures of Accountability in Health Care, Nan D. Hunter
Twenty-First Century Equal Protection: Making Law in an Interregnum, 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
Hamdan v. Rumseld: The Legal Academy Goes to Practice, Neal K. Katyal
Internal Separation of Powers: Checking Today's Most Dangerous Branch from Within, Neal K. Katyal
New Rules for Promissory Fraud, Gregory Klass and Ian Ayres
Federalism in Corporate/Securities Law: Reflections on Delaware, California, and State Regulation of Insider Trading, Donald C. Langevoort
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
Who Is the Child Left Behind? The Racial Meaning of the New School Reform, Charles R. Lawrence III
Crystals and Mud in Nature, Richard J. Lazarus
The Measure of a Justice: Justice Scalia and the Faltering of the Property Rights Movement within the U.S. Supreme Court, Richard J. Lazarus
Calling Genocide by Its Rightful Name: Lemkin's Word, Darfur, and the UN Report, David Luban
Peace in the Valley: For Chris Iijima, Mari J. Matsuda
The Federal Criminal "Code" is a Disgrace: Obstruction Statutes as Case Study, Julie R. O'Sullivan
Block Grants, Early Childhood Education, and the Reauthorization of Head Start: From Positional Conflict to Interest-Based Agreement, Eloise Pasachoff
Unitariness and Myopia: The Executive Branch, Legal Process and Torture, Cornelia T. Pillard
Risky Business, Milton C. Regan
Aristotle’s Tried and True Recipe for Argument Casserole, Kristen Konrad Robbins-Tiscione
Philosophy v. Rhetoric in Legal Education: Understanding the Schism Between Doctrinal and Legal Writing Faculty, Kristen Konrad Robbins-Tiscione
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
Exclusionary Conduct, Effect on Consumers, and the Flawed Profit-Sacrifice Standard, Steven C. Salop
The World Bank's Uses of the "Rule of Law" Promise in Economic Development, Alvaro Santos
Edmund Burke, John Whyte and Themes in Canadian Constitutional Culture, David Schneiderman
Critical Constitutionalism Now, Louis Michael Seidman
Defending and Despairing: The Agony of Juvenile Defense, Abbe Smith
Defending the Unpopular Down-Under, Abbe Smith
Blogging and the Transformation of Legal Scholarship, Lawrence B. Solum
Constitutional Texting, Lawrence B. Solum
Download It While It's Hot: Open Access and Legal Scholarship, Lawrence B. Solum
Natural Justice, Lawrence B. Solum
Pluralism and Public Legal Reason, Lawrence B. Solum
Public Legal Reason, Lawrence B. Solum
The Supreme Court in Bondage: Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights, Lawrence B. Solum
New Paradigms for the Jus ad Bellum?, Jane E. Stromseth
Age and Tenure of the Justices and Productivity of the U.S. Supreme Court: Are Term Limits Necessary?, Joshua C. Teitelbaum
Introduction: One Hundred Years of International Law at Fordham University, William Michael Treanor
Introduction: The Jurisprudence of Justice Stevens Symposium, William Michael Treanor
The Third Moment in Law and Development Theory and the Emergence of a New Critical Practice, David M. Trubek and Alvaro Santos
"A Decent Respect to the Opinions of Mankind": Referring to Foreign Law to Express American Nationhood, Mark V. Tushnet
Political Power and Judicial Power: Some Observations on Their Relation, Mark V. Tushnet
Popular Constitutionalism As Political Law, Mark V. Tushnet
Referring to Foreign Law in Constitutional Interpretation: An Episode in the Culture Wars, Mark V. Tushnet
The "Constitution Restoration Act" and Judicial Independence: Some Observations, Mark V. Tushnet
Weak-Form Judicial Review and "Core" Civil Liberties, Mark V. Tushnet
When Is Knowing Less Better than Knowing More? Unpacking the Controversy over Supreme Court Reference to Non-U.S. Law, Mark V. Tushnet
My Library: Copyright and the Role of Institutions in a Peer-to-Peer World, Rebecca Tushnet
Judicial Enforcement of Treaties: Self-Execution and Related Doctrines, Carlos Manuel Vázquez
Sosa v. Alvarez-Machain and Human Rights Claims Against Corporations Under the Alien Tort Statute, Carlos Manuel Vázquez
Solicitors General Panel on the Legacy of the Rehnquist Court, Seth P. Waxman, Walter E. Dellinger III, Maureen Mahoney, Theodore Olson, and Drew S. Days III
A Response to Goodwin Liu, Robin West
Constitutional Culture or Ordinary Politics: A Reply to Reva Siegel, Robin West
Desperately Seeking a Moralist, Robin West
Katrina, the Constitution, and the Legal Question Doctrine, Robin West
The Constitution's Political Deficit, Robin West
Unenumerated Duties, Robin West
What the Shutts Opt-Out Right is and What it Ought to Be, Brian Wolfman and Alan B. Morrison
Submissions from 2005
Commentary on John Makdisi's "Survey of AALS Law Schools Teaching Islamic Law", Lama Abu-Odeh
A Civic-Republican Vision of "Domestic Dependent Nations" in the Twenty-First Century: Tribal Sovereignty Re-Envisioned, Reinvigorated, and Re-Empowered, Hope M. Babcock
Letter of Appreciation: Peter Murphy Retires after a Lifetime of Dedication as Counsel to the Commandant of the Marine Corps, James E. Baker
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
Why You Should Read My Book Anyhow: A Reply to Trevor Morrison, Randy E. Barnett
Constitutive Commitments and Roosevelt's Second Bill of Rights: A Dialogue, Randy E. Barnett and Cass R. Sunstein
American Medicine and the Politics of Race, Maxwell Gregg Bloche
Obesity and the Struggle Within Ourselves, Maxwell Gregg Bloche
Welfare, Dialectic, and Mediation in Corporate Law, William W. Bratton
Protecting Rights in the Age of Terrorism: Challenges and Opportunities, Rosa Brooks
The Politics of the Geneva Conventions: Avoiding Formalist Traps, Rosa Brooks
Failed States, or the State as Failure?, Rosa Ehrenreich Brooks
Condemnation of Low Income Residential Communities Under the Takings Clause, J. Peter Byrne
Property and Environment: Thoughts on an Evolving Relationship, J. Peter Byrne
Immunity For Foreign Officials: Possibly Too Much and Confusing As Well, Barry E. Carter
Getting the Politics Right on a National Gautreaux Program, Sheryll Cashin