Submissions from 1999
Redefining the State's Response to Domestic Violence: Past Victories and future Challenges, Deborah Epstein
Beyond the Model Rules: The Place of Examples in Legal Ethics, Heidi Li Feldman
Rawls’ Political Constructivism as a Judicial Heuristic: A Response to Professor Allen, Heidi Li Feldman
Asking the Right Questions, David Luban
Contrived Ignorance, David Luban
Faculty Pro Bono and the Question of Identity, David Luban
Limiting Secret Settlements by Law, David Luban
The Warren Court and the Concept of a Right, David Luban
Do the Haves Come Out Ahead in Alternative Justice Systems? Repeat Players in ADR, Carrie Menkel-Meadow
Ethics and Professionalism in Non-Adversarial Lawyering, Carrie Menkel-Meadow
Taking Problem Solving Pedagogy Seriously: A Response to the Attorney General, Carrie Menkel-Meadow
Gideon's Muted Trumpet, Victoria Nourse
The Vertical Separation of Powers, Victoria Nourse
Taking Fiction Seriously: The Strange Results of Public Officials' Individual Liability Under Bivens, Cornelia T. Pillard
Affirmative Action and Discrimination, Girardeau A. Spann
Ex Post Facto Payments in Legally-aided Criminal Cases in the Old Bailey, Peter W. Tague
Representing Indigents in Serious Criminal Cases in England's Crown Court: The Advocates' Performance and Incentives, Peter W. Tague
Breard, Printz, and the Treaty Power, Carlos Manuel Vázquez
Laughing at Treaties, Carlos Manuel Vázquez
Is Progressive Constitutionalism Possible?, Robin West
Liberalism and Abortion, Robin West
The Zealous Advocacy of Justice in a Less Than Ideal Legal World, Robin West
Submissions from 1998
A Multicultural Nationalism?, T. Alexander Aleinikoff
Reorganizing the Immigration Function: Toward a New Framework for Accountability, T. Alexander Aleinikoff, Demetrios G. Papademetriou, and Deborah Waller Meyers
Free to Choose, Randy E. Barnett
Rights and Efficiency in American Health Law, Maxwell Gregg Bloche
The Stories We Must Tell: Ugandan Children and the Atrocities of the Lord's Resistance Army, Rosa Brooks
Unaccompanied Children In I.N.S. Detention, Rosa Ehrenreich Brooks
Copyright and the Jurisprudence of Self-Help, Julie E. Cohen
Intellectual Privacy and Censorship of the Internet, Julie E. Cohen
Lochner in Cyberspace: The New Economic Orthodoxy of "Rights Management", Julie E. Cohen
[Review of] Mark Perlmutter, Why Lawyers (and the Rest of Us) Lie & Engage in Other Repugnant Behavior, Sherman L. Cohn
A Tribute to Jonathan Mann: Health and Human Rights in the AIDS Pandemic, Lawrence O. Gostin
Judges as Advicegivers, Neal K. Katyal
A Flawed Case Against Punitive Damages, David Luban
On Dorfman’s ‘Death and the Maiden’, David Luban
Rediscovering Fuller’s Legal Ethics, David Luban
Temporary Protection: Towards a New Regional and Domestic Framework, Susan Martin, Andrew I. Schoenholtz, and Deborah Waller Meyers
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
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
The New Normativity: The Abuse Excuse and the Resurgence of Judgment in the Criminal Law, Victoria Nourse
Federal Regulation of Tobacco Products and Products That Treat Tobacco Dependence: Are the Playing Fields Level?, Joseph A. Page
Skeptical Scrutiny Of Plenary Power: Judicial and Executive Branch Decision Making in Miller v Albright, Cornelia T. Pillard and T. Alexander Aleinikoff
The Summary Affirmance Proposal of the Board of Immigration Appeals, Philip G. Schrag
The Summary Affirmance Proposal of the Board of Immigration Appeals, Philip G. Schrag
Sovereignty by Subtraction: The Multilateral Agreement on Investment, Robert Stumberg
Independent Counsel and Vigorous Investigation and Prosecution, William Michael Treanor
Jam for Justice Holmes: Reassessing the Significance of Mahon, William Michael Treanor
Translation Without Fidelity: A Response to Richard Epstein’s Fidelity Without Translation, William Michael Treanor
Understanding Mahon in Historical Context, William Michael Treanor
Rules of Engagement, Rebecca Tushnet
Breard and the Federal Power to Require Compliance with ICJ Orders of Provisional Measures, Carlos Manuel Vázquez
Night and Day: Coeur d’Alene, Breard, and the Unraveling of the Prospective-Retrospective Distinction in Eleventh Amendment Doctrine, Carlos Manuel Vázquez
Three Positivisms, Robin West
Toward Humanistic Theories of Legal Justice, Robin West
Universalism, Liberal Theory, and the Problem of Gay Marriage, Robin West
Submissions from 1997
Advocacy Scholarship and Affirmative Action, Charles F. Abernathy
Comparatively Speaking: The Honor of the East and the Passion of the West, Lama Abu-Odeh
Intimate Violence and the Problem of Consent, Jane H. Aiken
Sexual Character Evidence in Civil Actions: Refining the Propensity Rule, Jane H. Aiken
Striving to Teach “Justice, Fairness, and Morality”, Jane H. Aiken
Democracy's Discontent in a Complex World: Can Avalanches, Sandpiles, and Finches Optimize Michael Sandel's Civic Republican Community?, Hope M. Babcock
A Law Professor’s Guide to Natural Law and Natural Rights, Randy E. Barnett
Coping With Partiality: Justice, the Rule of Law, and the Role of Lawyers, Randy E. Barnett
Necessary and Proper, Randy E. Barnett
Was Slavery Unconstitutional Before the Thirteenth Amendment? Lysander Spooner’s Theory of Interpretation, Randy E. Barnett
Can We Indict a Sitting President?, Susan Low Bloch
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
Congressional Self-Discipline: The Constitutionality of Supermajority Rules, Susan Low Bloch
Disciplining Congress: The Taxing and Spending Powers, Susan Low Bloch
Some Reflections on Copyright Management Systems and Laws Designed to Protect Them, Julie E. Cohen
Apportioning Basis: Partial Sales, Bargain Sales and the Realization Principle, Stephen B. Cohen
The Organizational Client: Attorney-Client Privilege and the No-Contract Rule, Sherman L. Cohn
Free Speech at Work: Verbal Harassment as Discriminatory (Mis)treatment, Deborah Epstein
Harm and Money: Against the Insurance Theory of Tort Compensation, Heidi Li Feldman
Dedicatory Essay: Honoring Ian McColl Kennedy, Lawrence O. Gostin
The Constitutional Right to Die: Ethical Considerations, Lawrence O. Gostin
The Epidemics of Injecting Drug Use and Blood-Borne Disease: A Public Health Perspective, Lawrence O. Gostin
Lawyering for Social Justice, Nan D. Hunter
Deterrence’s Difficulty, Neal K. Katyal
Counting Votes and Discounting Holdings in the Supreme Court's Takings Cases, Richard J. Lazarus
The Bad Man and the Good Lawyer: A Centennial Essay on Holmes's The Path of the Law, David Luban
Ethics in ADR Representation: A Roadmap of Critical Issues, Carrie Menkel-Meadow
Ethics in Alternative Dispute Resolution: New Issues, No Answers from the Adversary Conception of Lawyers’ Responsibilities, Carrie Menkel-Meadow
Introduction: What Will We Do When Adjudication Ends? A Brief Intellectual History of ADR, Carrie Menkel-Meadow
The Silences of the Restatement of the Law Governing Lawyers: Lawyering as Only Adversary Practice, Carrie Menkel-Meadow
What Trina Taught Me: Reflections on Mediation, Inequality, Teaching and Life, Carrie Menkel-Meadow
When Dispute Resolution Begets Disputes of its Own: Conflicts Among Dispute Professionals, Carrie Menkel-Meadow
Making Constitutional Doctrine in a Realist Age, Victoria Nourse
Passion's Progress: Modern Law Reform and the Provocation Defense, Victoria Nourse
Proposition 209, Girardeau A. Spann
Fame, the Founding, and the Power to Declare War, William Michael Treanor
Learning From Lincoln, William Michael Treanor
Review of Regulatory Takings: Law, Economics and Politics, by William A. Fischel, William Michael Treanor
The Armstrong Principle, the Narratives of Takings, and Compensation Statutes, William Michael Treanor
Legal Fictions: Copyright, Fan Fiction, and a New Common Law, Rebecca Tushnet
What is Eleventh Amendment Immunity?, Carlos Manuel Vázquez
Integrity and Universality: A Comment on Dworkin's Freedom's Law, Robin West
Law and Fancy, Robin West
Submissions from 1996
Foreword: Federalism and Anti-Federalism As Civil Rights Tools, Charles F. Abernathy