Publications from 2010
An Exclusionary Rule for Police Lies, Melanie D. Wilson
Improbable Cause: A Case for Judging Police by a More Majestic Standard, Melanie D. Wilson
"You Crossed the Fog Line!"—Kansas, Pretext, and the Fourth Amendment, Melanie D. Wilson
Insubstantial Burdens: The Case for Government Employee Exemptions to Same-Sex Marriage Laws, Robin Fretwell Wilson
Privatizing Family Law in the Name of Religion, Robin Fretwell Wilson
The Death of Jesse Gelsinger: New Evidence of the Influence of Money and Prestige in Human Research, Robin Fretwell Wilson
Trusting Mothers: A Critique of the American Law Institute's Treatment of De Facto Parents, Robin Fretwell Wilson
Publications from 2009
Getting the Framers Wrong: A Response to Professor Geoffrey Stone, Samuel W. Calhoun
Good Conduct Time: How Much and For Whom? The Unprincipled Approach of the Model Penal Code, Nora V. Demleitner
Replacing Incarceration: The Need for Dramatic Change, Nora V. Demleitner
Terms of Imprisonment: Treating the Noncitizen Offender Equally, Nora V. Demleitner
Accountability for Property Crimes and Environmental War Crimes: Prosecution, Litigation, and Development, Mark A. Drumbl
Book Review, Victor Peskin, International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation (2008), Mark A. Drumbl
Reviewing Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (2009), Mark A. Drumbl
Reviewing Supranational Criminology: Towards A Criminology of International Crimes, Alette Smeulers & Roelof Haveman, eds. (2008), Mark A. Drumbl
The Push to Criminalize Aggression: Something Lost Amid the Gains?, Mark A. Drumbl
Escape Into the Panopticon: Virtual Worlds and the Surveillance Society, Joshua A.T. Fairfield
The Cost of Consent: Optimal Standardization in the Law of Contract, Joshua A.T. Fairfield
The End of the (Virtual) World, Joshua A.T. Fairfield
The God Paradox, Joshua A.T. Fairfield
The Magic Circle, Joshua A.T. Fairfield
The Government Contractor Defense and Superior Orders in International Human Rights Law, Jill M. Fraley
International Investment Arbitration: Winning Losing and Why, Susan D. Franck
The Future of Law and Development: Investment Treaty Abritration and Law & Development, Susan D. Franck
Development and Outcomes of Investment Treaty Arbitration, Susan D. Franck
On Discounted Partnership Interests and Adequate Consideration, Brant J. Hellwig
Close the Yield Exemption Loophole Created by Childs, Brant J. Hellwig and Gregg D. Polsky
Bankruptcy Bondage, Margaret Howard
Corporate Law Professors as Gatekeepers, Lyman P. Q. Johnson
Are Corporate Officers Advised About Fiduciary Duties, Lyman P.Q. Johnson
Counter-Narrative in Corporate Law: Saints and Sinners, Apostles and Epistles, Lyman P.Q. Johnson
Health Insurance Exchanges: Legal Issues, Timothy Stoltzfus Jost
Criminal Justice and the Public Imagination, Erik Luna
The Curious Case of Corporate Criminality, Erik Luna
Reviewing Tom Farer, Confronting Global Terrorism and American Neoconservatives: The Framework of a Grand Strategy, Russell A. Miller
A Golden-Age of Civil Involvement: The Client-Centered Disadvantage for Lawyers as Law Makers, James E. Moliterno
The Lawyer as Catalyst of Social Change, James E. Moliterno
Isaiah and His Young Disciples: Justice Brandeis and His Law Clerks, Todd C. Peppers
Common Law Punitive Damages: Something for Everyone?, Doug Rendleman
The Life of the Mind and a Life of Meaning: Reflections on Fahrenheit 451, Rodney A. Smolla
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment of Inherently Dangerous Speech in Free Speech Law and Theory, Rodney A. Smolla
Nationwide Personal Jurisdiction for our Federal Courts, A. Benjamin Spencer
Understanding Pleading Doctrine, A. Benjamin Spencer
Publications from 2008
Pluralism in Ghana: The Perils and Promise of Parallel Law, Johanna E. Bond
May the President Appropriately Invoke God? Evaluating the Embryonic Stem Cell Vetoes, Samuel W. Calhoun
Anti-Social Contracts: The Contractual Governance of Virtual Worlds, Joshua A.T. Fairfield
Empiricism and International Law: Insights for Investment Treaty Dispute Resolution, Susan D. Franck
A Fresh Look at Director "Independence": Mutual Fund Fee Litigation and Gartenberg at Twenty-Five, Lyman P.Q. Johnson
Global Health Care Financing Law: A Useful Concept?, Timothy Stoltzfus Jost
Is Health Insurance a Bad Idea? The Consumer-Driven Perspective, Timothy Stoltzfus Jost
Candor, Zeal, and the Substitution of Judgment: Ethics and the Mentally Ill Criminal Defendant, John D. King
Suicide on Campus: The Appropriate Legal Responsibility of College Personnel, Ann MacLean Massie
The Fact-Conjecture Framework in U.S. Libel Law: Four Problems, Brian C. Murchison
William Thaddeus Coleman, Jr.: Breaking the Color Barrier at the U.S. Supreme Court, Todd C. Peppers
Law Clerk Influence on Supreme Court Decision Making: An Empirical Assessment, Todd C. Peppers and Christopher Zorn
Restating Restitution: The Restatement Process and Its Critics, Doug Rendleman
The First Amendment, Journalists, and Sources: A Curious Study in "Reverse Federalism", Rodney A. Smolla
Plausibility Pleading, A. Benjamin Spencer
Pleading Civil Rights Claims in the Post-Conley Era, A. Benjamin Spencer
A Return to the Grand Jury to Promote a Zen Zeal in Prosecutors, Melanie D. Wilson
DNA – Intimate Information or Trash for Public Consumption?, Melanie D. Wilson
Finding a Happy and Ethical Medium Between a Prosecutor Who Believes the Defendant Didn't Do It and the Boss Who Says That He Did, Melanie D. Wilson
Prosecutors "Doing Justice" Through Osmosis—Reminders to Encourage a Culture of Cooperation, Melanie D. Wilson
The Return of Reasonableness: Saving the Fourth Amendment from the Supreme Court, Melanie D. Wilson
Matters of Conscience: Lessons for Same-Sex Marriage from the Healthcase Context, Robin Fretwell Wilson
Publications from 2007
The Expressive Value of Prosecuting and Punishing Terrorists: Hamdan, the Geneva Conventions, and International Criminal Law, Mark A. Drumbl
The Search Interest in Contract, Joshua A.T. Fairfield
The Etiology of the Occurrence of En Banc Review in the U.S. Court of Appeals, Micheal W. Giles, Virginia A. Hettinger, Christopher Zorn, and Todd C. Peppers
Questioning the Wisdom of Patent Protection for Tax Planning, Brant J. Hellwig
The Law of Unintended Consequences, Margaret Howard
Having the Fiduciary Duty Talk: Model Advice for Corporate Officers (and Other Senior Agents), Lyman P.Q. Johnson
Roger, Lyman P.Q. Johnson
(Not) Advising Corporate Officers about Fiduciary Duties, Lyman P.Q. Johnson and Robert V. Ricca
Shifting Risk of Ruin to Consumers: The Role of Tax Law in American Health Policy, Timothy Stoltzfus Jost
The American Right-Wing Policy Agenda, Timothy Stoltzfus Jost
The Massachusetts Health Plan: Public Insurance for the Poor, Private Insurance for the Wealthy, Self-Insurance for the Rest?, Timothy Stoltzfus Jost
Motives for Idealizing the Pragmatic, Lewis H. LaRue
Roger Douglas Groot: A Personal Memoir, Ann MacLean Massie
A Man Standing High, November 15, 2005, Andrew W. McThenia
Reviewing Charlotte Ku and Harold Jacobson (eds.), Democratic Accountability and the Use of Force in International Law, Russell A. Miller
Criminalization of Corporate Law: The Impact on Shareholders and Other Constituents, David K. Millon
Piercing the Corporate Veil, Financial Responsibility, and the Limits of Limited Liability, David K. Millon
Roger Groot, Legal Historian, David K. Millon
Birth of an Institution: Horace Gray and the Lost Law Clerks, Todd C. Peppers
The Trial Judge's Equitable Discretion Following Ebay v. Mercexchange, Doug Rendleman
Contemplating the Meaning of "The Rule of Law", Rodney A. Smolla
Exercises in the Regulation of Hate Speech, Rodney A. Smolla
Anti-Federalist Procedure, A. Benjamin Spencer
Diamonds on the Souls of Her Shoes: The Kimberly Process and the Morality Exception to WTO Restrictions, Karen E. Woody
Publications from 2006
Article Five of the UTC and the Future of Creditors' Rights in Trusts, Robert T. Danforth
Offenses Involving Immigration, Naturalization and Passports: Model Sentencing Guidelines 211, 212, 213, 214, Nora V. Demleitner
Where to Go From Here? The Roberts Court at the Crossroads of Sentencing, Nora V. Demleitner
The Iraqi High Tribunal and Rule of Law: Challenges, Mark A. Drumbl
The Supreme Court's Casual Use of the Assignment of Income Doctrine, Brant J. Hellwig
The Employment Tax Challenge to the Check the Box Regulations, Brant J. Hellwig and Gregg D. Polsky
Faith and Faithfulness in Corporate Theory, Lyman P.Q. Johnson
The Audit Committee's Ethical and Legal Responsibilities: The State Law Perspective, Lyman P.Q. Johnson
Health Courts and Malpractice Claims Adjudication through Medicare: Some Questions, Timothy Stoltzfus Jost
Our Broken Health Care System and How to Fix it: An Essay on Health Law and Policy, Timothy Stoltzfus Jost