Publications from 2025
Policing as General Warrants, Warren Buff and Brandon Hasbrouck
Book Review, Jens Meierhenrich, The Violence of Law: The Formation and Deformation of Gacaca Courts in Rwanda (2024)., Mark A. Drumbl
Book Review, Rumyana van Ark et al., Children’s Rights, ‘Foreign Fighters’, Counter-Terrorism: Children of Nowhere (2024), Mark A. Drumbl
Legalist Realism, Mark A. Drumbl
The Big Cost of Small Farms, Tammi S. Etheridge
Clean Data: Recursion as Pollution in Environmental AI, Joshua Fairfield
Home—The Final Frontier: Why Privacy Means Protecting Workers' Rights to Time and Space, Joshua Fairfield and Amanda Reilly
State Legislatures and Trans* Genocide (?) in the United States, Shannon Fyfe
Autonomy Under Ignorance, Shannon Fyfe and Elizabeth Lanphier
Corporate Governance Speech, Sarah C. Haan
Mandatory Public Reason-Giving in Corporate Governance, Sarah C. Haan
Introduction—Corporate and Securities Law Responses to Climate Change: Law and Political Economy Perspectives, Sarah C. Haan and Faith Stevelman
Insurrection and Black Political Participation, Brandon Hasbrouck
Kennedy v. Louisiana and the Future of the Eighth Amendment, Alexandra L. Klein
The Eighth Amendment’s Paper Tiger: Pain, Executions, and the Cruel and Unusual Punishment Clause, Alexandra L. Klein
Reconsidering Off-Label Pediatric COVID-19 Vaccination, Elizabeth Lanphier and Shannon Fyfe
Transformative Experiences, Anticipatory Regret, and Informed Consent, Elizabeth Lanphier and Shannon Fyfe
The Supreme Court During COVID-19: Keeping Its Head When Those About It Were Losing Theirs, Timothy C. MacDonnell
Foreword: 2024 Ira C. Rothgerber Jr. Conference: Artificial Intelligence and the Constitution, Suzette Malveaux
Brief of Civil Procedure Professors Suzette Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, and Doug Rendleman as Amici Curiae in Support of Respondents: Trump v. CASA, Trump v. Washington & Trump v. New Jersey, Suzette M. Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, and Doug Rendleman
Dobbs and the New Doctrine of Stare Decisis, Russell A. Miller
Doug Laycock and Creativity in Restitution—The Henrietta Lacks Litigation as a Test Case, Doug Rendleman and Caprice L. Roberts
Democracy, History, and Washington and Lee, Christopher B. Seaman
Navahine v. Hawai'i Dept. of Transportation: The Keiki Will Lead Us, Catherine Smith
Foreword: Children and Constitutions in the Anthropocene Era, Catherine Smith
Brief of Amici Curiae Scholars for the Advancement of Children’s Constitutional Rights and Students Engaged in Advancing Texas in Support of Respondents: Mahmoud v. Taylor, Catherine E. Smith, Tanya Washington, Jeremiah Chin, Sarah Medina Camiscoli, and Travis F. Chance
Brief of Amici Curiae Scholars for the Advancement of Children’s Constitutional Rights in Support of Defendants-Appellants, Catherine Smith, Tanya M. Washington, Robin Walker Sterling, Jeremiah Chin, and Sara S. Hildebrand
Diligent Influence, Carrie Stanton
Risk, Reimagined: The Untold Story of Liability Laddering in Modern Commercial Dealmaking, Carrie Stanton
Scrutinizing Succession, Carrie Stanton
Religious Exemptions to Anti-Discrimination Law: Children's Rights in the Constitutional Calculus, Tanya Washington, Catherine Smith, and Robin Walker Sterling
Title 18’s Property Conundrum, Karen E. Woody and Joshua L. Clardy
Publications from 2024
How a “Superstar” CEO Exposes the Necessity for Third Party D&O Insurance, Angela N. Aneiros and Karen Woody
Children's Right to Access Potentially Critical Learning: Liberating Youth from Propagation of Structural Injustice, Melina Constantine Bell
Brief of Children’s Rights Advocates in Support of Appellees: Held v. Montana, Asha Brundage-Moore, Wyatt Sassman, and Catherine Smith
Year in Review Lecture: The Cutting Edge of International Humanitarian Law, Mark Drumbl
La Cour! La Mer!, Mark A. Drumbl
Law versus Justice in International Atrocity Prosecutions, Mark A. Drumbl
Smouldering Semantics, Mark A. Drumbl
‘Resisting’ while Collaboratively Informing in Communist Czechoslovakia, Mark A. Drumbl and Barbora Holá
Tax Enforcement at the Intersection of Social Welfare and Vulnerable Populations, Michelle Lyon Drumbl
Brnovich: Extratextual Textualism, Maureen A. Edobor
Foreword: Voting Rights in a Politically Polarized Era, Maureen Edobor and Christopher B. Seaman
Food Price Narratives, Tammi S. Etheridge
Crypto-Counterfeiting, Joshua Fairfield
Brief of Amici Curiae Scholars for the Advancement of Children’s Constitutional Rights in Support of Defendants-Appellees: St. Mary Catholic Parish v. Roy, Lauren Fontana, Catherine Smith, Tanya M. Washington, Robin Walker Sterling, Suzette Malveaux, Jeremiah Chin, and Sara S. Hildebrand
What Roosevelt Did to Brown v. Board of Education, or Race and Court Packing, Jill M. Fraley
Progressive Facade: How Bail Reforms Expose the Limitations of the Progressive Prosecutor Movement, Sarah Gottlieb
Delegated Corporate Voting and the Deliberative Franchise, Sarah C. Haan
1983, Brandon Hasbrouck
Prisons as Laboratories of Antidemocracy, Brandon Hasbrouck
Unshielded: How the Police Can Become Touchable, Brandon Hasbrouck
Beyond Trade Secrecy: Confidentiality Agreements that Act Like Noncompetes, Camilla A. Hrdy and Christopher B. Seaman
Leveling the Playing Field for Racial Justice in the Civil Litigation System, Suzette M. Malveaux
The Purpose and Practice of Precedent: What the Decade Long Debate Over Stare Decisis Teaches Us About the New Roberts Court, Russell A. Miller
The Post-Ongwen Case Period and the Reconciliation Process in Northern Uganda: Local Communities as a Site of Knowledge, Christelle Molima Bameka
Corporate Governance & International Law, Kishanthi Parella
Enforcing International Law Against Corporations: A Stakeholder Management Approach, Kishanthi Parella
Supplementing the Record: The Life and Career of Judge Edmund L. Palmieri, Todd C. Peppers and Bridget Tainer-Parkins
Illegal Contracts and Agreements: A New Standard for Prostitution and Marijuana Agreements, Doug Rendleman
Chief Justice Angela R. Riley and Professor Suzette Malveaux in Conversation at the Eleventh Annual John Paul Stevens Lecture: The Third Sovereign: Tribal Courts and Indian Country Justice, Angela R. Riley and Suzette Malveaux
Amended Expert Disclosure Report: Navahine v. Dept. of Transportation, State of Hawai’i, Catherine Smith
Amicus Brief of Children’s Rights Legal Scholars and Advocates as Amici Curiae in Support of Neither Party: Trump v. Anderson, Catherine Smith, Jeremiah Chin, Philip L. Gregory, Mathew W. dos Santos, and Julia A. Olson
The Adult Rights-Bearing Archetype and How It Stifles Young People’s Equal Protection, Catherine E. Smith
Everything You Need to Know about Aristotelian Rhetoric You Can Learn from Kendall Jenner and Serena Williams, Allison Wexler Weiss
Corporate Crime and Cooperation, Karen E. Woody
Publications from 2023
Caremark's Butterfly Effect, Angela N. Aneiros and Karen E. Woody
Speculative Immigration Policy, Matthew Boaz
Does the Death Penalty Still Matter: Reflections of a Death Row Lawyer, David I. Bruck
Teaching Slavery in Commercial Law, Carliss N. Chatman
Introduction: Looking and Listening, Seeing and Hearing, Mark A. Drumbl
The False Promise of Jurisdiction Stripping, Daniel Epps and Alan M. Trammell
Federalizing Caremark, Tammi S. Etheridge and Carliss Chatman
Digital Property Cycles, Joshua Fairfield
Making Virtual Things, Joshua A.T. Fairfield
Aesthetics of Perpetration and Perpetrators in International Criminal Trials, Shannon Fyfe
In Hopes of "Getting Our Act Together", Shannon Fyfe
(How) Is Prison Philosophy Public?, Shannon Fyfe, Amy McKiernan, and Elizabeth Lanphier
Brief of Law and Business Professors as Amici Curiae in Support of Respondents: MacQuarie Infrastructure Group v. Moab Partners, L.P., Sarah C. Haan
Voting Rights in Corporate Governance: History and Political Economy, Sarah C. Haan
Women in Shareholder Activism, Sarah C. Haan
Allow Me to Transform: A Black Guy’s Guide to a New Constitution, Brandon Hasbrouck
Democratizing Abolition, Brandon Hasbrouck
Comment: The Project of Freedom, Alexandra L. Klein
The 2022 Alabama Executions and the Crisis of American Capital Punishment, Alexandra L. Klein
Building Belonging: Proven Methods to Decrease Attrition and Best Serve Law Students, Leila Lawlor
Disciplining Doctors: A Call for Caution When Responding to Physicians' Counter-Consensus Speech in the Time of COVID-19, Timothy MacDonnell
Foreword: Looking Back to Move Forward: Exploring the Legacy of U.S. Slavery, Suzette Malveaux
The Future of Intersectionality in Employment Law, Suzette Malveaux
Pandemic as Transboundary Harm: Lessons from the Trail Smelter Arbitration, Russell A. Miller
Place-Based versus Practice-Based Norms for American Lawyers: "It's the End of the World as We Know It (and I Feel Fine)", James E. Moliterno
Corporate Foreign Policy in War, Kishanthi Parella
International Law in the Boardroom, Kishanthi Parella
From Natchitoches to Nuremberg: The Life of Legal Pioneer Lyria Dickason, Todd C. Peppers
Thoughts on Law Clerk Diversity and Influence, Todd C. Peppers