Publications from 2014
The Jurisprudence of Nature: The Importance of Defining What is "Natural", Jill M. Fraley
Federalizing the Foreign Corporate Form, Sarah C. Haan
Innovation in Teaching LLCs: Introduction, Lyman P.Q. Johnson
Comment on the Proposed Definition of “Eligible Organization” for Purposes of Coverage of Certain Preventative Services Under the Affordable Care Act, Lyman P.Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett McDonnell, Alan J. Meese, and Nathan B. Oman
The Dwindling of Revlon, Lyman P.Q. Johnson and Robert Ricca
The Still-Dwindled Revlon, Lyman P.Q. Johnson and Robert Ricca
Beyond Repeal—A Republican Proposal for Healthcare Reform, Timothy Stoltzfus Jost
Comparative Advantage and the United Nations in Situations of Conflict, Frederic L. Kirgis
The Ties that Bind: Reevaluating the Role of Legal Presumptions of Paternity, Heather Kolinsky
Scholars’ Supreme Court Amicus Brief in Support of Neither Party: Petrella v. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, and Doug Rendleman
A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and its Detrimental Impact on Civil Rights, Suzette Malveaux
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Germany vs. Europe: The Principle of Democracy in German Constitutional Law and the Troubled Future of European Integration, Russell A. Miller
Why Lawyers Do What They Do (When Behaving Ethically), James E. Moliterno
And Now a Crisis in Legal Education, James E. Moliterno
Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, and Maintained", James E. Moliterno
Combatting Cyber-Attacks Through National Interest Diplomacy: A Trilateral Treaty with Teeth, Lawrence L. Muir Jr.
Foreign Investments and the Market for Law, Erin O'Hara O'Connor and Susan D. Franck
Judicial Assistants or Junior Judges: The Hiring, Utilization, and Influence of Law Clerks, Chad Oldfather and Todd C. Peppers
Outsourcing Corporate Accountability, Kishanthi Parella
Surgeons or Scribes? The Role of United States Court of Appeals Law Clerks in "Appellate Triage", Todd C. Peppers, Micheal W. Giles, and Bridget Tainer-Parkins
Grade Incomplete: Examining the Securities and Exchange Commission's Attempt to Implement Credit Rating and Certain Corporate Governance Reforms of Dodd-Frank, Tod Perry and Randle B. Pollard
Collection of Student Loans: A Critical Examination, Doug Rendleman and Scott Weingart
Third-Party Litigation Funding and the Dodd-Frank Act, Victoria Shannon
An Essay on Poverty and Child Neglect: New Interventions, Joan M. Shaughnessy
Looking to Torts: Exploring the Risks of Workplace Discrimination, Catherine E. Smith
Children as Proto-Citizens: Equal Protection, Citizenship, and Lessons from the Child-Centered Cases, Catherine E. Smith and Susannah W. Pollvogt
Brief of Scholars of the Constitutional Rights of Children Susannah W. Pollvogt, Catherine E. Smith, and Tanya Washington as Amici Curiae in Support of Plaintiffs-Appellants and Reversal: Robicheaux v. Caldwell, Catherine E. Smith, Tanya Washington, and Susannah W. Pollvogt
Brief of Professors at Law and Business Schools as Amici Curiae in Support of Respondents: Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., Celia Taylor, Lyman P.Q. Johnson, J. Robert Brown, and Joan MacLeod Heminway
Toil and Trouble: How the Erie Doctrine Became Structurally Incoherent (and How Congress Can Fix It), Alan M. Trammell
Transactionalism Costs, Alan M. Trammell
Amicus Brief in United States v. Windsor by Scholars for the Recognition of Children's Constitutional Rights, Tanya Washington, Catherine Smith, and Susannah Pollvogt
Comment: 3D Printing, Sarah K. Wiant
Anti-Justice, Melanie D. Wilson
Sentencing Inequality Versus Sentencing Injustice, Melanie D. Wilson
Securities Laws as Foreign Policy, Karen E. Woody
Publications from 2013
Conceptions of Corporate Purpose in Post-Crisis Financial Firms, Christopher M. Bruner
Is the Corporate Director's Duty of Care a 'Fiduciary' Duty? Does It Matter?, Christopher M. Bruner
Drugs, Dignity and Danger: Human Dignity as a Constitutional Constraint to Limit Overcriminalization, Michal Buchhandler-Raphael
Can and Should Human Rights Themes Impact Decision-making in a Law School? Reflections from the U.S. Perspective, Nora V. Demleitner
She Makes Me Ashamed to Be a Woman: The Genocide Conviction of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Those Who Know, Those Who Don't, and Those Who Know Better: Balancing Complexity, Sophistication, and Accuracy on Tax Returns, Michelle Lyon Drumbl
Do-Not-Track as Default, Joshua A.T. Fairfield
Colonial Property, Private Dams, and Climate Change in Virginia, Jill M. Fraley
Introduction to Property, History & Climate Change in the Former Colonies Symposium Special Issue, Jill M. Fraley
Scaled Legislation & the Legal History of the Common Good, Jill M. Fraley
Biometric ID Cybersurveillance, Margaret Hu
Unsettledness in Delaware Corporate Law: Business Judgment Rule, Corporate Purpose, Lyman P. Q. Johnson
Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson
Rethinking How Business Purpose Is Taught in Catholic Business Education, Lyman P. Q. Johnson, Michael Naughton, and William Bojan
Religious Freedom and Women's Health - Litigation on Contraception, Timothy Stoltzfus Jost
Self-Insurance for Small Employers Under the Affordable Care Act: Federal and State Regulatory Options, Timothy Stoltzfus Jost and Mark A. Hall
Beyond “Life and Liberty”: The Evolving Right to Counsel, John D. King
Coercion, Consent, Compassion, John D. King
Lamentations, Celebrations, and Innovations: Gideon at 50, John D. King
Just Because You Can Doesn’t Mean You Should: Reconciling Attorney Conduct in the Context of Defamation with the New Professionalism, Heather M. Kolinsky
Rage Against the Machine: A Reply to Professors Bierschbach and Bibas, Erik Luna
Florida v. Jardines: The Wolf at the Castle Door, Timothy C. MacDonnell
The Jury (or More Accurately the Judge) Is Still Out for Civil Rights and Employment Cases Post-Iqbal, Suzette M. Malveaux
The Power and Promise of Procedure: Examining the Class Action Landscape After Wal-Mart v. Dukes, Suzette M. Malveaux
Shareholder Primacy in the Classroom After the Financial Crisis, David Millon
Shareholder Social Responsibility, David Millon
The Trouble with Lawyer Regulation, James E. Moliterno
A Way Forward for an Ailing Legal Education Model, James E. Moliterno
The Future of Legal Education Reform, James E. Moliterno
A Methodical Approach to Legal Research: The Legal Research Plan, an Essential Tool for Today's Law Student and New Attorney, Caroline L. Osborne
Remedies: A Guide for the Perplexed, Doug Rendleman
Standards of Proof in Civil Litigation: An Experiment from Patent Law, David L. Schwartz and Christopher B. Seaman
American Innovation and the Limits of Patent Law: A Response to William Hubbard, Competitive Patent Law, Christopher B. Seaman
Recent Developments in Third-Party Funding, Victoria Shannon
Equal Protection for Children of Same-Sex Parents, Catherine E. Smith
Class Actions, Heightened Commonality, and Declining Access to Justice, A. Benjamin Spencer
Jurisdictional Sequencing, Alan M. Trammell
Apologies in the Marketplace, Kish Vinayagamoorthy
Contextualizing Legitimacy, Kish Vinayagamoorthy
Publications from 2012
Strategizing for Compliance: The Evolution of a Compliance Phase of Inter-American Court Litigation and the Strategic Imperative for Victims’ Representatives, David C. Baluarte
Victimization, Mainstreaming, and the Complexity of Gender in Armed Conflict, Johanna Bond
A Decade After Abu Ghraib: Lessons in "Softening Up" The Enemy and Sex-Based Humiliation, Johanna E. Bond
Honor as Property, Johanna E. Bond
Victimization, Mainstreaming, and the Complexity of Gender in Armed Conflict, Johanna E. Bond
Agency and the Ontology of the Corporation, Christopher M. Bruner
Stopping Philadelphia Abortion Provider Kermit Gosnell and Preventing Others Like Him: An Outcome that Both Pro-Choicers and Pro-Lifers Should Support, Samuel W. Calhoun
Abraham Lincoln's Religion: The Case for His Ultimate Belief in a Personal, Sovereign God., Samuel W. Calhoun and Lucas E. Morel
The Challenges to Legal Education in 1973 and 2012: An Introduction to the Anniversary Issue of the Hofstra Law Review, Nora V. Demleitner
From Oblivion to Memory: A Blueprint for the Amnesty, Mark A. Drumbl
Decoupling Taxes and Marriage: Beyond Innocence and Income Splitting, Michelle Lyon Drumbl
Avatar Experimentation: Human Subjects Research in Virtual Worlds, Joshua A.T. Fairfield
"Do-Not-Track" as Contract, Joshua A.T. Fairfield
Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life, Joshua A.T. Fairfield
Stealth Constitutional Change and the Geography of Law, Jill M. Fraley
Reviewing José E. Alvarez, The Public International Law Regime Governing International Investment, Susan D. Franck
Law and Legal Theory in the History of Corporate Responsibility: Corporate Personhood, Lyman P.Q. Johnson
Gender and Securities Law in the Supreme Court, Lyman P.Q. Johnson, Michelle Harner, and Jason A. Cantone
Is Medicaid Constitutional?, Timothy Stoltzfus Jost
Optimizing Qui Tam Litigation and Minimizing Fraud and Abuse: A Comment on Christopher Alexion’s Open the Door, Not the Floodgates, Timothy Stoltzfus Jost
The Supreme Court and the Future of Medicaid, Timothy Stoltzfus Jost and Sara Rosenbaum
Prosecutorial Decriminalization, Erik Luna
The Bin Laden Exception, Erik Luna
Plausibility Pleading and Employment Discrimination, Suzette M. Malveaux