Follow

Submissions from 1998

PDF

Rights and Efficiency in American Health Law, Maxwell Gregg Bloche

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Judges as Advicegivers, Neal K. Katyal

A Flawed Case Against Punitive Damages, David Luban

PDF

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

PDF

Rediscovering Fuller’s Legal Ethics, David Luban

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Independent Counsel and Vigorous Investigation and Prosecution, William Michael Treanor

PDF

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

PDF

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

PDF

Understanding Mahon in Historical Context, William Michael Treanor

PDF

Rules of Engagement, Rebecca Tushnet

PDF

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

PDF

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

PDF

Three Positivisms, Robin West

PDF

Toward Humanistic Theories of Legal Justice, Robin West

PDF

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

Submissions from 1997

PDF

Advocacy Scholarship and Affirmative Action, Charles F. Abernathy

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Necessary and Proper, Randy E. Barnett

PDF

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

PDF

Can We Indict a Sitting President?, Susan Low Bloch

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Lawyering for Social Justice, Nan D. Hunter

PDF

Deterrence’s Difficulty, Neal K. Katyal

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Making Constitutional Doctrine in a Realist Age, Victoria Nourse

PDF

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

PDF

Proposition 209, Girardeau A. Spann

PDF

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

PDF

Learning From Lincoln, William Michael Treanor

PDF

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

PDF

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

PDF

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

PDF

What is Eleventh Amendment Immunity?, Carlos Manuel Vázquez

PDF

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

PDF

Law and Fancy, Robin West

Submissions from 1996

PDF

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

PDF

Dual Regulation, Collaborative Management or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock

PDF

Getting Even: Restitution, Preventive Detention, and the Tort/Crime Distinction, Randy E. Barnett

PDF

Getting Normative: The Role of Natural Rights in Constitutional Adjudication, Randy E. Barnett

PDF

The Relevance of the Framers’ Intent, Randy E. Barnett

PDF

Under Fire: The New Consensus on the Second Amendment, Randy E. Barnett

PDF

The Death of Reliance, Randy E. Barnett

PDF

Beyond Autonomy: Coercion and Morality in Clinical Relationships, Maxwell Gregg Bloche

PDF

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

PDF

A Right to Read Anonymously: A Closer Look at "Copyright Management" in Cyberspace, Julie E. Cohen

PDF

Can a 'Dumb Ass Woman' Achieve Equality in the Workplace? Running the Gauntlet of Hostile Environment Harassing Speech, Deborah Epstein

PDF

Codes and Virtues: Can Good Lawyers be Good Ethical Deliberators?, Heidi Li Feldman

PDF

Libertarianism With a Twist, Heidi Li Feldman

PDF

The Trouble With the Adversary System in a Postmodern, Multicultural World, Carrie Menkel-Meadow

PDF

Toward A "Due Foundation" for the Separation of Powers: The Federalist Papers as Political Narrative, Victoria Nourse

PDF

The Independent Counsel Statute: Bad Law, Bad Policy, Julie R. O'Sullivan

PDF

Liability for Unreasonably and Unavoidably Unsafe Products: Does Negligence doctrine Have a Role to Play, Joseph A. Page

PDF

Constructing a Clinic, Philip G. Schrag

PDF

Don’t Gut Political Asylum, Philip G. Schrag

PDF

Understanding Constitutional War Powers Today: Why Methodology Matters, Jane E. Stromseth

PDF

Constitutional Fictions and Meritocratic Success Stories, Robin West

PDF

Invisible Victims: A Comparison of Melville's Bartleby the Scrivener and Glaspell's A Jury of Her Peers, Robin West

PDF

Representing the Unrepresented in Class Action Settlements, Brian Wolfman

Submissions from 1995

PDF

Environmental Justice Clinics: Visible Models of Justice, Hope M. Babcock

PDF

Has the U.S. Supreme Court Finally Drained the Swamp of Takings Jurisprudence? The Impact of Lucas v. South Carolina Coastal Council on Wetlands and Coastal Barrier Beaches, Hope M. Babcock

PDF

Guns, Militias and Oklahoma City, Randy E. Barnett