Publications from 2009
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
Is It the "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge the Divide Between Litigation and Arbitration, Suzette M. Malveaux
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
John Calmore's America, Robert S. Chang and Catherine E. Smith
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
Unconscious Bias and Outsider Interest Convergence, Catherine Smith
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
Queer as Black Folk, Catherine Smith
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
The Role of Competition in Health Care: A Western European Perspective, Timothy Stoltzfus Jost, Diane Dawson, and André den Exter
The End of Preclearance As We Knew It: How the Supreme Court Transformed Section 5 of the Voting Rights Act, Peyton McCrary, Christopher B. Seaman, and Richard Valelly
A Tribute to Lewis H. LaRue, Andrew W. McThenia
Revisiting the American action for public disclosure of facts, Brian C. Murchison
A Cap on the Defendant's Appeal Bond?: Punitive Damages Tort Reform, Doug Rendleman
The Group Dangers of Race-Based Conspiracies, Catherine E. Smith
Lawyer Advertising and the Dignity of the Profession, Rodney A. Smolla
Jurisdiction and the Internet: Returning to Traditional Principles to Analyze Network-Mediated Contacts, A. Benjamin Spencer
Jurisdiction to Adjudicate: A Revised Analysis, A. Benjamin Spencer
Terminating Calder: "Effects" Based Jurisdiction in the Ninth Circuit After Schwarzenegger v. Fred Martin Motor Co., A. Benjamin Spencer
The Preservation Obligation: Regulating and Sanctioning Pre-Litigation Spoliation in Federal Court, A. Benjamin Spencer
The Cabining of Rosenberger: Locke v. Davey and the Broad Nondiscrimination Principle That Never Was, Alan M. Trammell
In Booker's Shadow: Restitution Forces a Second Debate on Honesty in Sentencing, Melanie D. Wilson
The Price of Pretrial Release: Can We Afford to Keep Our Fourth Amendment Rights?, Melanie D. Wilson
Publications from 2005
A Tribute to Frederic L. Kirgis, Samuel W. Calhoun
Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun
A Tribute to Edward O. Henneman, Robert T. Danforth
The Virginia Uniform Trust Code, Robert T. Danforth
Constitutional Challenges, Risk-Based Analysis and Criminal History Databases: More Demands on the U.S. Sentencing Commission, Nora V. Demleitner
Smart Public Policy: Replacing Imprisonment with Targeted Nonprison Sentences and Collateral Sanctions, Nora V. Demleitner
Thwarting a New Start? Foreign Convictions, Sentencing and Collateral Sanctions, Nora V. Demleitner
A Tribute to Frederic L. Kirgis, Mark A. Drumbl
Collective Violence and Individual Punishment: The Criminality of Mass Atrocity, Mark A. Drumbl
Guantanamo, Rasul, and the Twilight of Law, Mark A. Drumbl
Law and Atrocity: Settling Accounts in Rwanda, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl