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Submissions from 1999

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Redefining the State's Response to Domestic Violence: Past Victories and future Challenges, Deborah Epstein

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Beyond the Model Rules: The Place of Examples in Legal Ethics, Heidi Li Feldman

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Rawls’ Political Constructivism as a Judicial Heuristic: A Response to Professor Allen, Heidi Li Feldman

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Asking the Right Questions, David Luban

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Contrived Ignorance, David Luban

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Faculty Pro Bono and the Question of Identity, David Luban

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Limiting Secret Settlements by Law, David Luban

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The Warren Court and the Concept of a Right, David Luban

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Do the Haves Come Out Ahead in Alternative Justice Systems? Repeat Players in ADR, Carrie Menkel-Meadow

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Ethics and Professionalism in Non-Adversarial Lawyering, Carrie Menkel-Meadow

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Taking Problem Solving Pedagogy Seriously: A Response to the Attorney General, Carrie Menkel-Meadow

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Gideon's Muted Trumpet, Victoria Nourse

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The Vertical Separation of Powers, Victoria Nourse

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Taking Fiction Seriously: The Strange Results of Public Officials' Individual Liability Under Bivens, Cornelia T. Pillard

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Affirmative Action and Discrimination, Girardeau A. Spann

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Ex Post Facto Payments in Legally-aided Criminal Cases in the Old Bailey, Peter W. Tague

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Representing Indigents in Serious Criminal Cases in England's Crown Court: The Advocates' Performance and Incentives, Peter W. Tague

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Breard, Printz, and the Treaty Power, Carlos Manuel Vázquez

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Laughing at Treaties, Carlos Manuel Vázquez

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Is Progressive Constitutionalism Possible?, Robin West

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Liberalism and Abortion, Robin West

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The Zealous Advocacy of Justice in a Less Than Ideal Legal World, Robin West

Submissions from 1998

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A Multicultural Nationalism?, T. Alexander Aleinikoff

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Reorganizing the Immigration Function: Toward a New Framework for Accountability, T. Alexander Aleinikoff, Demetrios G. Papademetriou, and Deborah Waller Meyers

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Free to Choose, Randy E. Barnett

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Rights and Efficiency in American Health Law, Maxwell Gregg Bloche

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The Stories We Must Tell: Ugandan Children and the Atrocities of the Lord's Resistance Army, Rosa Brooks

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Unaccompanied Children In I.N.S. Detention, Rosa Ehrenreich Brooks

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Copyright and the Jurisprudence of Self-Help, Julie E. Cohen

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Intellectual Privacy and Censorship of the Internet, Julie E. Cohen

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Lochner in Cyberspace: The New Economic Orthodoxy of "Rights Management", Julie E. Cohen

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[Review of] Mark Perlmutter, Why Lawyers (and the Rest of Us) Lie & Engage in Other Repugnant Behavior, Sherman L. Cohn

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A Tribute to Jonathan Mann: Health and Human Rights in the AIDS Pandemic, Lawrence O. Gostin

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Judges as Advicegivers, Neal K. Katyal

A Flawed Case Against Punitive Damages, David Luban

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On Dorfman’s ‘Death and the Maiden’, David Luban

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Rediscovering Fuller’s Legal Ethics, David Luban

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Temporary Protection: Towards a New Regional and Domestic Framework, Susan Martin, Andrew I. Schoenholtz, and Deborah Waller Meyers

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Taking the Mass out of Mass Torts: Reflections of a Dalkon Shield Arbitrator on Alternative Dispute Resolution, Judging, Neutrality, Gender, and Process, Carrie Menkel-Meadow

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Toward a Theory of Reciprocal Responsibility Between Clients and Lawyers: A Comment on David Wilkins’ Do Clients Have Ethical Obligations to Lawyers? Some Lessons from the Diversity Wars, Carrie Menkel-Meadow

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The New Normativity: The Abuse Excuse and the Resurgence of Judgment in the Criminal Law, Victoria Nourse

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Federal Regulation of Tobacco Products and Products That Treat Tobacco Dependence: Are the Playing Fields Level?, Joseph A. Page

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Skeptical Scrutiny Of Plenary Power: Judicial and Executive Branch Decision Making in Miller v Albright, Cornelia T. Pillard and T. Alexander Aleinikoff

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The Summary Affirmance Proposal of the Board of Immigration Appeals, Philip G. Schrag

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The Summary Affirmance Proposal of the Board of Immigration Appeals, Philip G. Schrag

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Sovereignty by Subtraction: The Multilateral Agreement on Investment, Robert Stumberg

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Independent Counsel and Vigorous Investigation and Prosecution, William Michael Treanor

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Jam for Justice Holmes: Reassessing the Significance of Mahon, William Michael Treanor

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Translation Without Fidelity: A Response to Richard Epstein’s Fidelity Without Translation, William Michael Treanor

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Understanding Mahon in Historical Context, William Michael Treanor

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Rules of Engagement, Rebecca Tushnet

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Breard and the Federal Power to Require Compliance with ICJ Orders of Provisional Measures, Carlos Manuel Vázquez

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Night and Day: Coeur d’Alene, Breard, and the Unraveling of the Prospective-Retrospective Distinction in Eleventh Amendment Doctrine, Carlos Manuel Vázquez

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Three Positivisms, Robin West

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Toward Humanistic Theories of Legal Justice, Robin West

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Universalism, Liberal Theory, and the Problem of Gay Marriage, Robin West

Submissions from 1997

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Advocacy Scholarship and Affirmative Action, Charles F. Abernathy

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Comparatively Speaking: The Honor of the East and the Passion of the West, Lama Abu-Odeh

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Intimate Violence and the Problem of Consent, Jane H. Aiken

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Sexual Character Evidence in Civil Actions: Refining the Propensity Rule, Jane H. Aiken

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Striving to Teach “Justice, Fairness, and Morality”, Jane H. Aiken

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Democracy's Discontent in a Complex World: Can Avalanches, Sandpiles, and Finches Optimize Michael Sandel's Civic Republican Community?, Hope M. Babcock

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A Law Professor’s Guide to Natural Law and Natural Rights, Randy E. Barnett

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Coping With Partiality: Justice, the Rule of Law, and the Role of Lawyers, Randy E. Barnett

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Necessary and Proper, Randy E. Barnett

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Was Slavery Unconstitutional Before the Thirteenth Amendment? Lysander Spooner’s Theory of Interpretation, Randy E. Barnett

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Can We Indict a Sitting President?, Susan Low Bloch

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Commentary, At Issue – House Rules: Is a Supermajority Requirement for Tax Hikes Constitutional? – No, The Framers Had Only a Simple Majority in Mind, Susan Low Bloch

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Congressional Self-Discipline: The Constitutionality of Supermajority Rules, Susan Low Bloch

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Disciplining Congress: The Taxing and Spending Powers, Susan Low Bloch

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Some Reflections on Copyright Management Systems and Laws Designed to Protect Them, Julie E. Cohen

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Apportioning Basis: Partial Sales, Bargain Sales and the Realization Principle, Stephen B. Cohen

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The Organizational Client: Attorney-Client Privilege and the No-Contract Rule, Sherman L. Cohn

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Free Speech at Work: Verbal Harassment as Discriminatory (Mis)treatment, Deborah Epstein

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Harm and Money: Against the Insurance Theory of Tort Compensation, Heidi Li Feldman

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Dedicatory Essay: Honoring Ian McColl Kennedy, Lawrence O. Gostin

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The Constitutional Right to Die: Ethical Considerations, Lawrence O. Gostin

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The Epidemics of Injecting Drug Use and Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin

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Lawyering for Social Justice, Nan D. Hunter

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Deterrence’s Difficulty, Neal K. Katyal

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Counting Votes and Discounting Holdings in the Supreme Court's Takings Cases, Richard J. Lazarus

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The Bad Man and the Good Lawyer: A Centennial Essay on Holmes's The Path of the Law, David Luban

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Ethics in ADR Representation: A Roadmap of Critical Issues, Carrie Menkel-Meadow

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Ethics in Alternative Dispute Resolution: New Issues, No Answers from the Adversary Conception of Lawyers’ Responsibilities, Carrie Menkel-Meadow

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Introduction: What Will We Do When Adjudication Ends? A Brief Intellectual History of ADR, Carrie Menkel-Meadow

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The Silences of the Restatement of the Law Governing Lawyers: Lawyering as Only Adversary Practice, Carrie Menkel-Meadow

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What Trina Taught Me: Reflections on Mediation, Inequality, Teaching and Life, Carrie Menkel-Meadow

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When Dispute Resolution Begets Disputes of its Own: Conflicts Among Dispute Professionals, Carrie Menkel-Meadow

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Making Constitutional Doctrine in a Realist Age, Victoria Nourse

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Passion's Progress: Modern Law Reform and the Provocation Defense, Victoria Nourse

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Proposition 209, Girardeau A. Spann

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Fame, the Founding, and the Power to Declare War, William Michael Treanor

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Learning From Lincoln, William Michael Treanor

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Review of Regulatory Takings: Law, Economics and Politics, by William A. Fischel, William Michael Treanor

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The Armstrong Principle, the Narratives of Takings, and Compensation Statutes, William Michael Treanor

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Legal Fictions: Copyright, Fan Fiction, and a New Common Law, Rebecca Tushnet

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What is Eleventh Amendment Immunity?, Carlos Manuel Vázquez

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Integrity and Universality: A Comment on Dworkin's Freedom's Law, Robin West

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Law and Fancy, Robin West

Submissions from 1996

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Foreword: Federalism and Anti-Federalism As Civil Rights Tools, Charles F. Abernathy