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Scholarly Commons

    Content Posted in 2012

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    527s in a Post-Swift Boat Era: The Current and Future Role of Issue Advocacy Groups in Presidential Elections, Lauren Daniel

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    A Bright Idea: A Bright-Line Test for Extraterritoriality in F-Cubed Securities Fraud Private Causes of Action, Jennifer Mitchell Coupland

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    A Demographic and Sociological Perspective on, Jorge Chapa

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    Adjudicated Juveniles and Post-Conviction Litigation, Joshua A. Tepfer and Laura H. Nirider

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    Advocating for Children in Care in a Climate of Economic Recession: The Relationship Between Poverty and Child Maltreatment, Bruce A. Boyer and Amy E. Halbrook

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    A Fresh Look at a Stale Doctrine: How Public Policy and the Tenets of Piercing the Corporate Veil Dictate the Inapplicability of the Intracorporate Conspiracy Doctrine to the Civil Rights Arena, Barry Horwitz

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    After the Flood: The Legacy of the “Surge” of Federal Immigration Appeals, Stacy Caplow

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    Analyzing the WNBA's Mandatory Age/Education Policy from a Legal, Cultural,and Ethical Perspective: Women, Men, and the Professional Sports Landscape, Marc Edelman and C. Keith Harrison

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    An American Dual Income Tax: Nordic Precedents, Edward D. Kleinbard

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    An Essay on Torts: States of Argument, Marshall S. Shapo

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    An Inconvenient Lie: Big Tobacco Was Put on Trial for Denying the Effects of Smoking; Is Climate Change Denial Off-Limits?, Elizabeth Dubats

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    A Penny for the Court's Thoughts? The High Price of Judicial Elections, Bronson D. Bills

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    Applying Indices Post-Grutter to Monitor Progress Toward Attaining a Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, and Joel C. Tuoriniemi

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    Applying Online: Using Technology to Enroll Low-wage Workers in Public Benefits, Liz Schott

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    Arresting Development: Convictions of Innocent Youth, Joshua A. Tepfer, Laura H. Nirider, and Lynda M. Tricarico

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    Assisted Housing Mobility and the Success of Low-Income Minority Families: Lessons for Policy, Practice, and Future Research, Xavier de Souza Briggs and Margery Austin Turner

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    Asylees in Wonderland: A New Procedural Perspective on America's Asylum System, Eliot Walker

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    A Tort Statute, With Aliens and Pirates, Eugene Kontorovich

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    Autonomy and "Gray Area" Pro Se Defendants: Ensuring Competence to Guarantee Freedom, Jona Goldschmidt

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    Bad News for Everybody: Lawson and Kopel on Health Care Reform and Originalism, Andrew M. Koppelman

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    Bail: Reforming Policies to Address Overcrowded Jails, the Impact of Race on Detention, and Community Revival in Harris County, Texas, Marcia Johnson and Luckett Anthony Johnson

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    Big Censorship in the Big House—A Quarter-Century After Turner v. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert and Kara Carnley Murrhee

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    Blaming as a Social Process: The Influence of Character and Moral Emotion on Blame, Janice Nadler

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    Challenging Disparities in Special Education: Moving Parents from Disempowered Team Members to Ardent Advocates, Margaret M. Wakelin

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    Changing the Subject: From Welfare to Poverty to a Living Income, Peter B. Edelman

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    Changing Tides in Music Licensing? BMI v. DMX and In re THP, Carly Olson

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    Check-in, Attendees of the Symposium

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    Chuaigh Ár Lá – Debt of A Gaelsman: Ireland’s Sovereign Debt Crisis, National and International Responses, James Croke

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    Civic Lessons: Public Schools and the Civic Development of Undocumented Students and Parents, John Rogers, Marisa Saunders, Veronica Terriquez, and Veronica Valez

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    Claiming Nanotechnology: Improving USPTO Efforts at Classification of Emerging Nano-Enabled Pharmaceutical Technologies, Jordan Paradise

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    Clarion Call or False Alarm: Why Proposed Exemptions to Equal Marriage Statutes Return Us to a Religious Understanding of the Public Marketplace, Taylor Flynn

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    Cleared For Landing: Airbus, Boeing, and the WTO Dispute over Subsidies to Large Civil Aircraft, Jeffrey D. Kienstra

     

    Climate Change and Clean Technology Incentivization, Brad Klein, Patrick G. Gattari, Stephan Lake, and Patrick Von Bargen

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    Comment on Provisional Patent Rights, Sharick Naqi

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    Comprehensive Approaches to Urban Development: Gentrification, Community, and Business in Harlem, New York, David J. Maurrasse and Jaclyn B. Bliss

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    Constitutional Othering: Citizenship and the Insufficiency of Negative Rights-Based Challenges to Anti-Homeless Systems, Kathryn Hansel

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    Contingent Capital in European Union Bank Restructuring, Christoph K. Henkel and Wulf A. Kaal

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    Contracting About the Future: Copyright and New Media, Kate Darling

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    Convenient Scapegoats: Juvenile Confessions and Exculpatory DNA in Cook County, IL, Joshua A. Tepfer, Craig M. Cooley, and Tara Thompson

     

    Copyright and the Future of the Entertainment Industry, Andrew Bridges, Michael Carrier, Greg Kot, Nicole E. Reifman, and Matthew Sag

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    Copyright and the Harvard Open Access Mandate, Eric Priest

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    Correcting Bayh-Dole's Inefficiencies for the Taxpayer, Michael Sweeney

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    Crumbling Infrastructure, Crumbling Democracy: Infrastructure Privatization Contracts and Their Effects on State and Local Governance, Ellen Dannin

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    Culpa in Contrahendo in European Private International Law: Another Look at Article 12 of the Rome II Regulation, Najib Hage-Chahine

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    Disability and the Persistence of Poverty: Reconstructing Disability Allowances, Sagit Mor

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    Discretion, Delegation, and Defining in the Constitution's Law of Nations Clause, Eugene Kontorovich

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    Does the Privatization of Publicly Owned Infrastructure Implicate the Public Trust Doctrine? Illinois Central and the Chicago Parking Meter Concession Agreement, Ivan Kaplan

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    Easing the Tension Between Statutes of Limitations and the Continuing Offense Doctrine, Jeffrey R. Boles

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    Educating Undocumented Students: The Legacy of Plyler v. Doe, Aarti Kohli

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    EITC & TANF Participation among Young Adult Low-income Families, Richard K. Caputo

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    Eliminating the Secondary Earner Bias: Lessons from Malaysia, the United Kingdom, and Ireland, Tonya Major Gauff

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    Empirical Studies of Contract, Zev J. Eigen

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    Ending Jim Crow Life Insurance Rates, Mary L. Heen

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    Evaluating the Chicago Brownfields Initiative: The Effects of City-Initiated Brownfield Redevelopment on Surrounding Communities, Jessica Higgins

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    Execution in Virginia, 1859: The Trials of Green and Copeland, Steven Lubet

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    Exposing the Traditional Marriage Agenda, Jessica Feinberg

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    Failing Juvenile Courts, and What Lawyers and Judges Can Do About It, Emily Buss

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    Fall-Out: New York v. United States and the Low-Level Radioactive Waste Problem, Samantha Dreilinger

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    FantasySCOTUS: Crowdsourcing a Prediction Market for the Supreme Court, Josh Blackman, Adam Aft, and Corey Carpenter

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    Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law, Steven G. Calabresi and Lucy D. Bickford

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    Federally Mandated Destruction of the Black Family: The Adoption and Safe Families, Christina White

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    Fitness Tax Credits: Costs, Benefits, and Viability, Daniel M. Reach

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    Foreclosing Foreclosure: Escaping the Yawning Abyss of the Deep Mortgage and Housing Crisis, Aleatra P. Williams

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    Foreign Infrastructure Investment in Chile: The Success of Public–Private Partnerships through Concessions Contracts, Andrew Hill

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    Forty Years of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice

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    From Cook County to Pretoria: A Long Walk to Justice for Children, Dr. Ann Skelton

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    Gatekeepers and Goalposts: The Need for a New Regulatory Paradigm for Whole Genome Sequence Results, Trevor Woodage

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    High Expectations and Some Wounded Hopes: The Policy and Politics of a Uniform Statute on Videotaping Custodial Interrogations, Andrew E. Taslitz

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    Housing in Post-Katrina New Orleans: Legal Rights and Recourses for Displaced African-American Residents, Rob Wilcox

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    How Evictions from Subsidized Housing Routinely Violate the Rights of Persons with Mental Illness, Meghan P. Carter

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    If You Will It, It Is No Dream: Balancing Public Policy and Testamentary Freedom, Orly Henry

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    Improving the Benefit Corporation: How Traditional Governance Mechanisms Can Enhance the Innovative New Business Form, Steven Munch

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    Improving Work Supports: Using the Family Resource Simulator to Identify Problems and Test Solutions, John Bouman, Kinsey Alden Dinan, and Nancy K. Cauthen

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    Insubstantial Burdens: The Case for Government Employee Exemptions to Same-Sex Marriage Laws, Robin Fretwell Wilson

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    Is Canada the New Shangri-La of Global Securities Class Actions?, Tanya J. Monestier

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    Is It Prudent to Be Responsible? The Legal Rules for Charities That Engage in Socially Responsible Investing and Mission Investing, Susan N. Gary

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    Is Work the Only Thing that Pays? The Guaranteed Income and Other Alternative Anti-Poverty Policies in Historical Perspective, Felicia Kornbluh

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    Judicial Recusal and a Minor's Right to an Abortion, Paul Danielson

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    Justice Stevens, Religious Enthusiast, Andrew M. Koppelman

     

    Keynote Luncheon Address, Jerome Reichman

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    Left Out But Not Shut Down: Political Activism and the Undocumented Student Movement, Roberto G. Gonzales

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    Legislating a Family-Friendly Workplace: Should It Be Done in the United States?, Marianne DelPo Kulow

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    Liberty v. Equality; Equality v. Liberty, Marc D. Stern

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    Literary Property and Copyright, Alina Ng

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    Marketing Motherhood: Rights and Responsibilities of Egg Donors in Assisted Reproductive Technology Agreements, Sarah Terman

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    May It Please the Court: Questions About Policy at Oral Argument, Cynthia K. Conlon and Julie M. Karaba

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    Misconstructing Sexuality in Same-Sex Marriage Jurisprudence, Jeffrey Kosbie

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    Mobility Lessons from Gautreaux and Moving to Opportunity, Greg J. Duncan and Anita Zuberi

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    Monopolies and the Constitution: A History of Crony Capitalism, Steven G. Calabresi and Larissa Price

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    Mortgaging the Meme: Financing and Managing Disruptive Innovation, Jon M. Garon

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    Narrative and Drama in the American Trial, Robert P. Burns

     

    Networking Reception, Attendees of the Symposium

     

    Networking Reception, Attendees of the Symposium

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    New Hope: A Thoughtful and Effective Approach to "Make Work Pay, Greg J. Duncan, Hans Bos, Lisa L. Gennetian, and Heather Hill

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    No Simple Solutions: Housing CH's Most Vulnerable Families, Susan J. Popkin

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    “Offer to Sell” Infringement Involving Crossborder Transactions: Lessons from Transocean, Yan Wang

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    Originalism and Loving v. Virginia, Steven G. Calabresi and Andrea Matthews

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    Partiality and Disclosure in Supreme Court Opinions, Robert F. Nagel

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    PARTISAN CONFLICTS OVER PRESIDENTIAL AUTHORITY, Jide Okechuku Nzelibe

     

    Patents and the Economy, Dr. Stuart Graham

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    Pregnancy, Medicaid, State Regulation, and the Production of Unruly Bodies, Khiara M. Bridges

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    Prepared Keynote Remarks: Minimizing Youth Incarceration: A Civilizing Aspiration?, Bart Lubow

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    Prepared Opening Remarks, James Bell

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    Public Housing Redevelopment as a Tool for Revitalizing Neighborhoods: How and Why Did it Happen and What Have We Learned?, Mindy Turbov

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    Putting Numbers to Feelings: Intellectual Property Rights Enforcement in China’s Courts—Evidence from Zhejiang Province Trademark Infringement Cases 2004–2009, Nathan W. Snyder

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    Putting the Brakes on the Preventive State: Challenging Residency Restrictions on Child Sex Offenders in Illinois under the Ex Post Facto Clause, Michelle Olson

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    Race, Dismantling the "Ghetto," and National Housing Mobility: Considering the Polikoff Proposal, Rhonda Y. Williams

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    Racial Inequality and the Black Ghetto, Alexander Polikoff

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    Recent Decisions under the Investment Canada Act: Is Canada Changing its Stance on Foreign Direct Investment?, Simone Collins

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    Reflections on Capital Punishment, Rob Warden

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    Regulation Not Prohibition: The Comparative Case Against the Insurable Interest Doctrine, Sharo Michael Atmeh

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    Religion and the Equal Protection Clause, Steven G. Calabresi and Abe Salander

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    Relocating from the Distress of Chicago Public Housing to the Difficulties of the Private Market: How the Move Threatens to Push Families Away From Opportunity, Molly Thompson

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    Respect and Contempt in Constitutional Law, Or, Is Jack Balkin Heartbreaking?, Andrew M. Koppelman

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    Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, and the Abolition Movement, John D. Bessler

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    Romeo and Juliet Online and in Trouble: Criminalizing Depictions of Teen Sexuality (c u l8r: g2g 2 jail), Dawn C. Nunziato

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    "Rubbing Salt in the Wound": As Nurses Battle with a Nationwide Staffing Shortage, an NLRB Decision Threatens to Limit the Ability of Nurses to Unionize, Amy Albro

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    Same-Sex Equality and Religious Freedom, Ira C. Lupu and Robert W. Tuttle

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    Seize the Little Moment: Justice for the Child 20 Years at the Children and Family Justice Center, Bernardine Dohrn

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    Social and Biological Constructions of Youth: Implications for Juvenile Justice and Racial Equity, Patricia Soung

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    Some Suggestions for the UAFA: A Bill for Same-Sex Binational Couples, Timothy R. Carraher

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    Soul of a Woman: The Sex Stereotyping Prohibition at Work, Kimberly A. Yuracko

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    Taking Gautreaux National: The Polikoff Proposal, Elizabeth K. Julian

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    Taxation in a Time of Crisis: Policy Leadership from the OECD to the G20, Allison Christians

     

    Technology, Government Surveillance, and the Fourth Amendment, Cindy Cohn, Stephen C. Leckar, Adam Schwartz, and Jason Weinstein

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    The Art of Legal Reasoning and the Angst of Judging: Of Balls, Strikes, and Moments of Truth, Timothy P. Terrell

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    THE CHIEF OR THE COURT: ARTICLE II AND THE APPOINTMENT OF INFERIOR JUDICIAL OFFICERS, James E. Pfander

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    The Children & Family Justice Center's 20th Anniversary: Splendid Accomplishments and a Wonderful Future, Thomas F. Geraghty

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    The Colorblind Ideal in a Race-Conscious Reality: The Case for a New Legal Ideal for Race Relations, Destiny Peery

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    The Constitutional Right to Travel: Are Some Forms of Transportation More Equal Than Others?, Timothy Baldwin

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    The Continuing Viability of the Hot News Misappropriation Doctrine in the Age of Internet News Aggregation, John C. McDonnell

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    The Deconcentration of Poverty as an Example of Derrick Bell's Interest Convergence Dilemma: White Neutrality Interests, Prisons, and Changing Inner Cities, Justin Stec

     

    The Dignity, Rights, and Responsibilities of the Jury: On the Structure of Normative Argument, Robert P. Burns

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    The End of "One Hand": The Egyptian Constitutional Declaration and the Rift between the "People" and the Supreme Council of the Armed Forces, Kristen A. Stilt

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    The Hierarchy That Wasn’t There: Elevating “Usage” to its Rightful Position For Contracts Governed by the CISG, William P. Johnson

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    The Horner Model: Successfully Redeveloping Public Housing, William P. Wilen

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    The Lee Arthur Hester Case and the Unfinished Business of the United States Supreme Court to Protect Juveniles During Police Interrogations, Steven A. Drizin

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    The Liability of Online Markets for Counterfeit Goods: A Comparative Analysis of Secondary Trademark Infringement in the United States and Europe, Kurt M. Saunders and Gerlinde Berger-Walliser

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    The Macroeconomic Court: Rhetoric and Implications of New Deal Decision-Making, Nancy Staudt and Yilei He

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    The Multiple Roles of International Courts and Tribunals: Enforcement, Dispute Settlement, Constitutional and Administrative Review, Karen J. Alter

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    The Myth of Separation, Annette Ruth Appell

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    The New Danger of Being Fired: Section 525(b)’s Disproportionate Effect on Older Workers and a Call to Amend, Jina Kim Yun

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    The Penalties for Piracy: An Empirical Study of National Prosecution of International Crime, Eugene Kontorovich

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    The Role of Precedent in Defining Res Judicata in Investor–State Arbitration, Pedro J. Martinez-Fraga and Harout Jack Samra

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    The Scorecard so Far: Emerging Issues in Cross-Border Insolvencies Under Chapter 15 of the U.S. Bankruptcy Code, Megan R. O'Flynn

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    The Water Excise Tax: Preserving a Necessary Resource, Thomas Lee

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    To “Advice and C̶o̶n̶s̶e̶n̶t̶Delay”: The Role of Interest Groups in the Confirmation of Judges to the Federal Courts of Appeal, Donald E. Campbell

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    Top Tens in 2011: Copyright and Trade Secret Cases, Stephen McJohn

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    Top Tens in 2011: Patent and Trademark Cases, Stephen McJohn

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    Unwilling Warriors: An Examination of the Power to Conscript in Peacetime, Jason Britt

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    Update: COPPA is Ineffective Legislation! Next Steps for Protecting Youth Privacy Rights in the Social Networking Era, Lauren A. Matecki

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    Van Duyn v. Baker School District: A "Material" Improvement in Evaluating a School District's Failure to Implement Individualized Education Programs, David G. King

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    Virtual Inequality: Challenges for the Net's Lost Founding Value, Jonathon W. Penney

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    "We Don't Want Dollars, Just Change":, Kim D. Chanbonpin

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    Welcome!

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    What Happens After a Holiday?: Long-Term Effects of the Repatriation Provision of the AJCA, Thomas J. Brennan

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    What Really Matters in Spectrum Allocation Design, Thomas W. Hazlett, Roberto E. Muñoz, and Diego B. Avanzini

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    What Same-Sex-Marriage and Religious-Liberty Claims Have in Common, Thomas C. Berg

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    What Works Is Work: Welfare Reform and Poverty Reduction, Ron Haskins

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    When Software We Buy Is Not Actually Ours: An Analysis of Vernor v. Autodesk on the First Sale Doctrine and Essential Step Defense, Terence Leong

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    Why Accommodate? Reflections on the Gay Marriage Culture Wars, Maggie Gallagher

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    Why Mortgage "Formalities" Matter, David A. Dana

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    Will to Power, Will to Reality, and Racial Profiling: How the White Male dominant Power Structure Creates Itself as Law Abiding Citizen Through the Creation of Black as Criminal, Steven R. Morrison

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    "You Say Nano, We Say No-No:" Getting a "Yes" Instead for Special Economic Zones in India, Sumeet Jain

 
 
 

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