Publications from 2003
A Comparative Study of the Law of Palliative Care and End-of-Life Treatment, Denuta Mendelson and Timothy Stoltzfus Jost
Who "Caused" the Enron Debacle?, David K. Millon
When is Enrichment Unjust? Restitution Visits an Onyx Bathroom, Doug Rendleman
Assassination, the War on Terrorism, and the Constitution, Rodney A. Smolla
Publications from 2002
Rethinking the Law of Creditors' Rights in Trusts, Robert T. Danforth
"Collateral Damage": No Re-entry for Drug Offenders, Nora V. Demleitner
First Peoples, First Principles: The Sentencing Commission's Obligation to Reject False Images of Criminal Offenders, Nora V. Demleitner
Immigration Threats and Rewards: Effective Law Enforcement Tools in the "War" on Terrorism?, Nora V. Demleitner
The Death Penalty in the United States: Following the European Lead, Nora V. Demleitner
Non-Citizen Offenders and Immigration Crimes: New Challenges in the Federal System, Nora V. Demleitner and Jon M. Sands
Environmental Supra-Nationalism, Mark A. Drumbl
Judging the 11 September Terrorist Attack, Mark A. Drumbl
Northern Economic Obligation, Southern Moral Entitlement, and International Environmental Governance, Mark A. Drumbl
Poverty, Wealth, and Obligation in International Environmental Law, Mark A. Drumbl
Terrorist Crime, Taliban Guilt, Western Victims, and International Law, Mark A. Drumbl
Victimhood in Our Neighborhood: Terrorist Crime, Taliban Guilt, and the Asymmetries of the International Legal Order, Mark A. Drumbl
Sentencing Policies and Practices in International Criminal Tribunals, Mark A. Drumbl and Kenneth S. Gallant
Estate of Strangi, Section 2036, and the Continuing Relevance of Byrum, Brant J. Hellwig
Judicial Activism is Not the Solution to the Attorney's Fee Problem, Brant J. Hellwig
Reclaiming an Ethic of Corporate Responsibility, Lyman P.Q. Johnson
The Social Responsibility of Corporate Law Professors, Lyman P.Q. Johnson
Rights of Embryo and Foetus in Private Law, Timothy Stoltzfus Jost
The Role of Courts in Health Care Rationing: The German Model, Timothy Stoltzfus Jost
Fuzzy Logic and the Sliding Scale Theorem, Frederic L. Kirgis
Military Commissions and Courts-Martial: A Brief Discussion of the Constitutional and Jurisdictional Distinctions Between the Two Courts, Timothy C. MacDonnell
Enron and the Dark Side of Worker Ownership, David K. Millon
The Enron Pension Disaster, David K. Millon
Why Is Corporate Management Obsessed With Quarterly Earnings and What Should be Done About It?, David K. Millon
Worker Ownership Through 401(k) Retirement Plans: Enron's Cautionary Tale, David K. Millon
Treating Physicians as Expert Witnesses in Compensation Systems: The Public Health Connection, Brian C. Murchison
Due Process, Black Lung, and the Shaping of Administrative Justice, Brian C. Murchison
Academic Freedom in Urofsky's Wake: Post September 11 Remarks on "Who Owns Academic Freedom?", Doug Rendleman
Irreparability Resurrected?: Does a Recalibrated Irreparable Injury Rule Threaten the Warren Court's Establishment Clause Legacy?, Doug Rendleman
Intentional Infliction of Emotional Distress: An Old Arrow Targets the New Head of the Hate Hydra, Catherine E. Smith
Accounting for the Slow Growth of American Privacy Law, Rodney A. Smolla
From Hit Man to Encyclopedia of Jihad: How to Distinguish Freedom of Speech from Terrorist Training, Rodney A. Smolla
Information as Contraband: The First Amendment and Liability for Trafficking in Speech, Rodney A. Smolla
Terrorism and the Bill of Rights, Rodney A. Smolla
The First Amendment and the New Civil Liability, Rodney A. Smolla
The Puffery of Lawyers, Rodney A. Smolla
Publications from 2001
A Tribute to Andrew W. McThenia, Jr., Samuel W. Calhoun
Book Review, Elizabeth Mensch & Alan Freeman, The Politics of Virtue: Is Abortion Debatable (1993), Samuel W. Calhoun
Appeals in the Ad Hoc International Criminal Tribunals: Structure, Procedure, and Recent Cases, Mark A. Drumbl and Kenneth S. Gallant
ERISA Preemption and the Case for a Federal Common Law of Agency Governing Employer-Administrators, Joshua A.T. Fairfield
Picking Federal Judges: A Note on Policy and Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, and Todd C. Peppers
Corporate and Business Law (Annual Survey of Virginia Law), Lyman P.Q. Johnson
Private or Public Approaches to Insuring the Uninsured: Lessons from International Experience with Private Insurance, Timothy Stoltzfus Jost
Restitution as a Remedy in the U.S. Courts for Violations of International Law, Frederic L. Kirgis
Post-Trilogy Science in the Courtroom: What are the Judges Doing?, Lewis H. LaRue and David S. Caudill
The Ambiguous Significance of Corporate Personhood, David K. Millon
Quantum Meruit for the Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman
Remedies - The Law School Course, Doug Rendleman
Simplification- A Civil Procedure Perspective, Doug Rendleman
What Passes for Policy and Proof in First Amendment Litigation?, Rodney A. Smolla
Antitrust and the Information Age: Section 2 Monopolization Analyses in the New Economy, A. Benjamin Spencer
Publications from 2000
Stopping a Vicious Cycle: Release, Restrictions, Re-Offending, Nora V. Demleitner
Continuing Payment of One's Debt to Society: The German Model of Felon Disenfranchisement as an Alternative, Nora V. Demleitner
Overlooked Areas of Federal Sentencing: Federal Enclaves, Indian Country, Transfer of U.S. Prisoners From Abroad, Nora V. Demleitner and Jon M. Sands
International Human Rights, International Humanitarian Law, and Environmental Security: Can the International Criminal Court Bridge the Gaps?, Mark A. Drumbl
Punishment, Postgenocide: From Guilt to Shame to Civis in Rwanda, Mark A. Drumbl
The "Persuasion Route" of the Law: Advertising and Legal Persuasion, Sarah C. Haan
The Modest Business Judgment Rule, Lyman P.Q. Johnson
The Story About Clinton's Impeachment, Lewis H. LaRue
A Tribute to Barry Sullivan, Andrew W. McThenia
New Game Plan or Business as Usual? A Critique of the Team Production Model of Corporate Law, David K. Millon
Law, Belief, and Bildung: The Education of Harry Edwards, Brian C. Murchison
A Tribute to Barry Sullivan, Joan M. Shaughnessy
Should the Brandenburg v. Ohio Incitement Test Apply in Media Violence Cases?, Rodney A. Smolla
Policing Diversity: Lessons from Lambeth, A. Benjamin Spencer
UCITA Enacted in Virginia, Sarah K. Wiant
Publications from 1999
A Proposal for Integrating the Income and Transfer Taxation of Trusts, Robert T. Danforth
A New Start Calls for a Broadened Perspective, Nora V. Demleitner
Reforming Juvenile Sentencing, Nora V. Demleitner
Combating Legal Ethnocentrism: Comparative Law Sets Boundaries, Nora V. Demleitner
Preventing Internal Exile: The Need for Restrictions on Collateral Sentencing Consequences, Nora V. Demleitner
Misunderstanding Director Duties: The Strange Case of Virginia, Lyman Johnson
Rethinking Judicial Review of Director Care, Lyman P.Q. Johnson
Common Law Restitution in the Mississippi Tobacco Settlement: Did the Smoke Get in Their Eyes?, Doug Rendleman
Privacy and the First Amendment Right to Gather News, Rodney A. Smolla
Qualified Intimacy, Celebrity, and the Case for a Newsgathering Privilege, Rodney A. Smolla
The Constitutionality of Mandatory Public School Service Programs, Rodney A. Smolla
Recent Case Comment, Inter Medical Supplies, Ltd, v. EBI Medical Systems, Inc., A. Benjamin Spencer
Publications from 1998
Challenge, Opportunity and Risk: An Era of Change in Comparative Law, Nora V. Demleitner
The Federalization of Crime and Sentencing, Nora V. Demleitner
Witness Protection in Criminal Cases: Anonymity, Disguise or Other Options, Nora V. Demleitner
Amalgam in the Americas: A Law School Curriculum for Free Markets and Open Borders, Mark A. Drumbl
Book Review, Global Environmental Change and International Governance (1996), Mark A. Drumbl
Rule of Law Amid Lawlessness: Counseling the Accused in Rwanda's Domestic Genocide Trials, Mark A. Drumbl
Zschernig v. Miller and the Breard Matter, Frederic L. Kirgis
So-Called "Partial-Birth Abortion" Bans: Bad Medicine? Maybe. Bad Law? Definitely!, Ann MacLean Massie
Default Rules, Wealth Distribution, and Corporate Law Reform: Employment at Will Versus Job Security, David K. Millon
Speech and the Self-Realization Value, Brian C. Murchison
The Free Exercise of Religion After the Fall: The Case for Intermediate Scrutiny, Rodney A. Smolla
Will Tabloid Journalism Ruin the First Amendment for the Rest of Us?, Rodney A. Smolla
Publications from 1997
Valuing Intrauterine Life, Samuel W. Calhoun
Crime and Sentencing in Canada: Parallels and Differences, Nora V. Demleitner
Searching for a Solution: How to Punish, Restrain and Treat Sex Offenders, Nora V. Demleitner
The Fallacy of Social "Citizenship" Or the Threat of Exclusion, Nora V. Demleitner