Submissions from 1998
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
Dual Regulation, Collaborative Management or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock
Getting Even: Restitution, Preventive Detention, and the Tort/Crime Distinction, Randy E. Barnett
Getting Normative: The Role of Natural Rights in Constitutional Adjudication, Randy E. Barnett
The Relevance of the Framers’ Intent, Randy E. Barnett
Under Fire: The New Consensus on the Second Amendment, Randy E. Barnett
The Death of Reliance, Randy E. Barnett
Beyond Autonomy: Coercion and Morality in Clinical Relationships, Maxwell Gregg Bloche
What We Talk About When We Talk About Property Rights - A Response to Carol M. Rose’s ‘Property as the Keystone Right?’, J. Peter Byrne
A Right to Read Anonymously: A Closer Look at "Copyright Management" in Cyberspace, Julie E. Cohen
Can a 'Dumb Ass Woman' Achieve Equality in the Workplace? Running the Gauntlet of Hostile Environment Harassing Speech, Deborah Epstein
Codes and Virtues: Can Good Lawyers be Good Ethical Deliberators?, Heidi Li Feldman
Libertarianism With a Twist, Heidi Li Feldman
The Trouble With the Adversary System in a Postmodern, Multicultural World, Carrie Menkel-Meadow
Toward A "Due Foundation" for the Separation of Powers: The Federalist Papers as Political Narrative, Victoria Nourse
The Independent Counsel Statute: Bad Law, Bad Policy, Julie R. O'Sullivan
Liability for Unreasonably and Unavoidably Unsafe Products: Does Negligence doctrine Have a Role to Play, Joseph A. Page
Constructing a Clinic, Philip G. Schrag
Don’t Gut Political Asylum, Philip G. Schrag
Understanding Constitutional War Powers Today: Why Methodology Matters, Jane E. Stromseth
Constitutional Fictions and Meritocratic Success Stories, Robin West
Invisible Victims: A Comparison of Melville's Bartleby the Scrivener and Glaspell's A Jury of Her Peers, Robin West
Representing the Unrepresented in Class Action Settlements, Brian Wolfman
Submissions from 1995
Environmental Justice Clinics: Visible Models of Justice, Hope M. Babcock
Guns, Militias and Oklahoma City, Randy E. Barnett