Content Posted in 2015 | Scholarly Commons

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Content Posted in 2015

Abidor v. Napolitano: Suspicionless Cell Phone and Laptop “Strip” Searches at the Border Compromise the Fourth and First Amendments, Adam Lamparello and Charles E. MacLean

Abstention, Separation of Powers, and Recasting the Meaning of Judicial Restraint, William P. Marshall

A Bundle of Confusion for the Income Tax: What It Means to Own Something, Stephanie Hunter McMahon

A Call for the EU to Assume Jurisdiction over Extraterritorial Corporate Human Rights Abuses, Jodie A. Kirshner

Accelerating AI, John O. McGinnis

Accentuating The Positive Or Eliminating The Negative? Paternal Incarceration And Caregiver-Child Relationship Quality, Sara Wakefield

A Comment on Rosenberg's New Edition of The Hollow Hope, Richard Delgado

A Comparative Analysis of the Legal Framework and Case Law on Reverse Payment Settlement Agreement in the United States and South Korea, Sung San Kim

A Corporate Tax for the Next One Hundred Years: A Proposal for a Dynamic, Self-adjusting Corporate Tax Rate, Adam H. Rosenzweig

Act III of the Ministerial Exception, Paul Horwitz

Act III of the Ministerial Exception, Paul Horwitz

"A Deposition is not a Take Home Examination": Fixing Federal Rule 30(E) and Policing the Errata Sheet, Gregory A. Ruehlmann Jr.

Adult Adoption: Intestate Succession and Class Gifts Under the Uniform Probate Code, Sarah Ratliff

Adversarial Economics in Antitrust Litigation: Losing Academic Consensus in the Battle of the Experts, Rebecca Haw

Affirmative Action, Justice Kennedy, and the Virtues of the Middle Ground, Allen Rostron

Affirmative Action, Justice Kennedy, and the Virtues of the Middle Ground, Allen Rostron

A Fixture on a Changing Court: Justice Stevens and the Establishment Clause, Erwin Chemerinsky

A Floor, Not a Ceiling: Federalism and Remedies for Violations of Constitutional Rights in Danforth v. Minnesota, Ilya Somin

A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation, Jonathan David Shaub

A Fresh Look at Tests for Nonliteral Copyright Infringement, Pamela Samuelson

After NatWest: How Courts Should Handle OECD Commentary in Double Taxation Treaty Interpretations, Brian Caster

Agency Adjudication and Judicial Nondelegation: An Article III Canon, Mila Sohoni

Agency Rulemaking and Political Transitions, Anne Joseph O'Connell

Aggregate Litigation and the Death of Democratic Dispute Resolution, Linda S. Mullenix

A Great Scholar and a Great Man, Matthew B. Arnould

A Heart as Far from Fraud as Heaven from Earth: SEC v. Cuban and Fiduciary Duties Under Rule 10b5-2, Joseph Pahl

A Jurisdictional Perspective on New York Times v. Sullivan, Howard M. Wasserman

A Lawyer's Worst Nightmare: The Story of a Lawyer and His Nurse Clients Who Were Both Criminally Charged Because the Nurses Resigned En Mass, Mitchell H. Rubinstein

All Your Air Right Are Belong to Us, Chad J. Pomeroy

A Modest Memoir: Justice Stevens's Supreme Court Life, Laura Krugman Ray

An Appeal to Common Sense: Why "Unappealable" District Court Decisions Should be Subject to Appellate Review, Matthew D. Heins

An Appraisal Puzzle, George S. Geis

An Empirical Assessment of the Supreme Court's Use of Legal Scholarship, Lee Petherbridge and David L. Schwartz

An Empirical Study of the Role of the Written Description Requirement in Patent Examination, Dennis Crouch

An FDA for Financial Innovation: Applying the Insurable Interest Doctrine to Twenty-First-Century Financial Markets, Eric A. Posner and E. Glen Weyl

An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process, Adam N. Steinman

Antitrust Arbitration and Merger Approval, Mark A. Lemley and Christopher R. Leslie

Antitrust Issues Raised by the Emerging Global Internet Economy, David S. Evans

Antitrust Issues Raised by the Emerging Global Internet Economy (Part II), David S. Evans

An Umbrella in a Hurricane: Cyber Technology and the December 2013 Amendment to the Wassenaar Arrangement, Innokenty Pyetranker

A Personal Constitution, Michael Serota

Apple Pie Propaganda? The Smith–Mundt Act Before and After the Repeal of the Domestic Dissemination Ban, Weston R. Sager

Appreciating Mandatory Rules: A Reply to Critics, Scott Dodson

A Pro-Congress Approach to Arbitration and Unconscionability, Stephen E. Friedman

Arbitration/Litigation Interface: The European Debate, Margaret Moses

Are Even Unanimous Decisions in the United States Supreme Court Ideological?, Lee Epstein, William M. Landes, and Richard A. Posner

A Target to the Heart of the First Amendment: Government Endorsement of Responsible Disclosure as Unconstitutional, Kristin M. Bergman

A Team Production Approach to Corporate Law and Board Composition, Bernard S. Sharfman and Steven J. Toll

A Theory of Representative Shareholder Suits and Its Application to Multijurisdictional Litigation, Randall S. Thomas and Robert B. Thompson

A Tort Statute, with Aliens and Pirates, Eugene Kontorovich

A Typology of Judging Styles, Corey Rayburn Yung

A Visual Guide to United States v. Windsor: Doctrinal Origins of Justice Kennedy's Majority Opinion, Colin Starger

Balancing Mandate and Discretion in the Institutional Design of Federal Climate Change Policy, Robert L. Glicksman

Bargaining in the Shadow of the European Microsoft Decision: The Microsoft-Samba Protocol License, Seldon J. Childers and William H. Page

Bargaining in the Shadow of the European Microsoft Decision: The Microsoft-Samba Protocol License (Part II), Seldon J. Childers and William H. Page

Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty, Joshua D. Wright and Douglas H. Ginsburg

Better Bounty Hunting: How the SEC's New Whistleblower Program Changes the Securities Fraud Class Action Debate, Amanda M. Rose

Betting on the Upside: Why Affirming River Road Favors Distressed Debt Speculators over the Rehabilitation of Businesses, Julia L. Onorato

Beyond Absolute Immunity: Alternative Protections for Prosecutors Against Ultimate Liability for Section 1983 Suits, John P. Taddei

Beyond Guantánamo, Obstacles and Options, Gregory S. McNeal

Beyond Guantánamo, Obstacles and Options (Part II), Gregory S. McNeal

Beyond Principal-Agent Theories: Law and the Judicial Hierarchy, Pauline T. Kim

Bomb Throwing, Democratic Theory, and Basic Values—A New Path to Procedural Harmonization?, Richard Marcus

Brackets: A Historical Perspective, Tracey M. Roberts

British Invasion: Importing the United Kingdom's Orphan Works Solution to United States Copyright Law, Abigail Bunce

Broadcast Contracting, George S. Geis

Building Antitrust Agency Capacity in Context, Salil Mehra

Business Method Patents Following Alice v. CLS Bank, Mike Borella, Christal Sheppard, Jay Kesan, Mark Remus, and Laura Pedraza-Fariña

Can Popular Constitutionalism Survive the Tea Party Movement?, Jared A. Goldstein

Can Popular Constitutionalism Survive the Tea Party Movement?, Jared A. Goldstein

Can Tribal Courts Issue Domestic Relations Orders that Will Be Honored by Pension Plan Administrators under ERISA?, Colin Osiecki

Can We Make Them Obey? U.S. Reporting Companies, Their Foreign Suppliers, and the Conflict Minerals Disclosure Requirements of Dodd-Frank, McKay S. Harline

Cases, Controversies, and Diversity, F. Andrew Hessick

Catch TwentyWu The Oral Argument in Fisher v. University of Texas and the Obfuscation of Critical Mass, Sheldon Bernard Lyke

Centric Charter Schools: When Separate May Be Equal, Sarah Rivkin Smoler

Chapter 11 Bankruptcy and Cramdowns: Adopting a Contract Rate Approach, Daniel R. Wong

Check-In and Welcome Coffee, Northwestern JTIP

Chicago’s Over-Burdensome Regulation Of Mobile Food Vending, Elan Shpigel

Chief Justice Roberts's Individual Mandate: The Lawless Medicine of NFIB v. Sebelius, Gregory P. Magarian

Child Rape, Moral Outrage, and the Death Penalty, Susan A. Bandes

Choice of Counsel and the Appearance of Equal Justice Under Law, Wesley M. Oliver

Choice of Counsel and the Appearance of Equal Justice Under Law, Wesley M. Oliver

Choice of Law in Federal Courts: From Erie and Klaxon to CAFA and Shady Grove, Kermit Roosevelt III

Choose the Best Answer: Organizing Climate Change Negotiation in the Obama Administration, Jonathan Zasloff

Choosing the "Per-Debtor" Approach to Plan Confirmation in Multi-Debtor Chapter 11 Proceedings, Suzanne T. Brindise

Citizens United and the Scope of Professor Teachout's Anti-Corruption Principle, Seth Barrett Tillman

Citizens United and the Scope of Professor Teachout's Anti-Corruption Principle, Seth Barrett Tillman

Climate Change Legislation in Context, Hari M. Osofsky

Combating Midnight Regulation, Jack M. Beermann

Coming Clean About "Junk DNA", Simon A. Cole

Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback

Communities of Innovation, Michael Mattioli

Competition and Privacy in Web 2.0 and the Cloud, Randal C. Picker

Congressional Arbitrage at the Executive's Expense: The Speech or Debate Clause and the Unenforceable STOCK Act, Anna Fodor

Congressional Polarization Due to Maximizing Political Satisfaction: Why Elhauge’s Current Enactable Preferences Default Rule Fails to Avoid the Congressional Deadlock and Polarization that Stems from Expansionist Statutory Interpretation, Timothy J. Droske

Constitutional Purpose and the Anti-corruption Principle, Zephyr Teachout

Contested Shore: Property Rights in Reclaimed Land and the Battle for Streeterville, Joseph D. Kearney and Thomas W. Merrill

Continuing the Constitutional Dialogue: A Discussion on Justice Stevens's Establishment Clause and Free Exercise Jurisprudence, Alan Brownstein

Continuing the Debate About Presidential Debates, Alexander J. Blenkinsopp

Cracking Open the Classroom Door: Developing a First Amendment Standard for Curricular Speech, Nicholas K. Tygesson

Crazy in Alabama: Judicial Process and the Last Stand Against Marriage Equality in the Land of George Wallace, Howard M. Wasserman

Creating a Self-Stabilizing Constitution: The Role of the Takings Clause, Tonja Jacobi, Sonia Mittal, and Barry R. Weingast

Crossing Over: Why Attorneys (and Judges) Should Not be Able to Cross-Examine Witnesses Regarding Their Immigration Statuses for Impeachment Purposes, Colin Miller

Crying Havoc Over the Outsourcing of Soldiers and Democracy's Slipping Grip on the Dogs of War, Joshua S. Press

Custom in the Courts, Lisa Bernstein

Defending Executive Nondefense and the Principal-Agent Problem, Brianne J. Gorod

Deference to Clients and Obedience to Law: The Ethics of the Torture Lawyers (A Response to Professor Hatfield), W. Bradley Wendel

Derivative Works 2.0: Reconsidering Transformative Use in the Age of Crowdsourced Creation, Jacqueline D. Lipton and John Tehranian

Did the Sixteenth Amendment Ever Matter? Does It Matter Today?, Erik M. Jensen

Digging up the Corp(ses): Holston Investments v. Lanlogistics Corp. and the Continuing Struggle to Determine the Citizenship of Dissolved and Inactive Corporations for the Purposes of Diversity Jurisdiction, Nicholas W. Roosevelt

Dinner and Keynote Speech with Retired Chief Judge Paul R. Michel, Hon. Paul R. Michel

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

Dispatches from the Trenches of America's Great Gun Trust Wars, Lee-ford Tritt

Dispatches from the Trenches of America's Great Gun Trust Wars, Lee-ford Tritt

Distressing Speech After Snyder—What's Left of IIED?, Andrew Meerkins

Diversifying the Federal Bench: Is Universal Legitimacy for the U.S. Justice System Possible?, Nancy Scherer

Diversity and Race-Neutrality, Kenneth L. Marcus

DMCA Section 512 Safe Harbor for Anonymity Networks Amid a Cyber-Democratic Storm: Lessons From the 2009 Iranian Uprising, Nassim Nazemi

Dodd-Frank, International Remittances, and Mobile Banking: The Federal Reserve’s Role in Enabling International Economic Development, Colin C. Richard

Does Federal Spending "Coerce" States? Evidence from State Budgets, Brian Galle

Does Institutional Design Make a Difference?, Steven G. Calabresi

Doe v. Elmbrook School District and the Importance of Refocusing Establishment Clause Jurisprudence, Julie M. Karaba

DOMA's Ghost and Copyright Reversionary Interests, Brad A. Greenberg

DOMA's Ghost and Copyright Reversionary Interests, Brad A. Greenberg

Do Violent Video Games Harm Children? Comparing the Scientific Amicus Curiae “Experts” in Brown v. Entertainment Merchants Association, Deana Pollard Sacks, Brad J. Bushman, and Craig A. Anderson

Due Process And Legislation Designed To Restrict The Rights Of Rapist Fathers, Rachael Kessler

Dying for Privacy: Pitting Public Access Against Familial Interests In the Era of the Internet, Clay Calvert

Dysfunctional Deference and Board Composition: Lessons from Enron, Bernard S. Sharfman and Steven J. Toll

Easier Easements: A New Path for Conservation Easement Deduction Valuation, Nicholas Carson

Eight Is Enough, Naomi R. Cahn and Jennifer R. Collins

Ending the Korematsu Era: An Early View from the War on Terror Cases, Craig Green

Engaging Capital Emotions, Douglas A. Berman and Stephanos Bibas

Ensuring Insurance: Adequate and Appropriate Coverage for Brady Claims in Illinois, Joe Delich

Erie's International Effect, Michael Steven Green

Erie's International Effect, Michael Steven Green

Erie's International Effect: A Reply, Donald Earl Childress III

Erie's International Effect: A Reply, Donald Earl Childress III

Evolutionary Due Process, Louis J. Virelli III

Exclusive Rights to Saving the Planet: The Patenting of Geoengineering Inventions, Anthony E. Chavez

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

Flexing Judicial Muscle: An Empirical Study of Judicial Activism in the Federal Courts, Corey Rayburn Yung

Forced Decryption as Equilibrium—Why It’s Constitutional and How Riley Matters, Dan Terzian

Forced Decryption as Equilibrium—Why It’s Constitutional and How Riley Matters, Dan Terzian

Foreword: 100 Years Under the Income Tax, Charlotte Crane

Foreword: Political Science and Law, Nick Gamse and Stephanie Kissel Leiter

Foreword: The Legacy of Justice John Paul Stevens, Lindsay S. Dunbar and John B. Meixner

Forward: The Past And Future Of Guns, James Lindgren

Free Exercise Reconceived: The Logic and Limits of Hosanna-Tabor, Christopher C. Lund

Future Harm as a Current Disability: Insurance Coverage for a Risk of Substance Abuse Relapse Under ERISA, Jonah Kind

Gifts, Offices, and Corruption, Zephyr Teachout

Grutter's Denouement: Three Templates from the Roberts Court, Ellen D. Katz

Grutter's Denouement: Three Templates from the Roberts Court, Ellen D. Katz

Hacking Speech: Informational Speech and the First Amendment, Andrea M. Matwyshyn

Heller's Future in the Lower Courts, Brannon P. Denning and Glenn Harlan Reynolds

Heterosexuality and Military Service, Zachary A. Kramer

Hidden Racial Bias: Why We Need to Talk with Jurors About Ferguson, Patrick C. Brayer

Honor's Constitutional Moment: The Oath and Presidential Transitions, Paul Horwitz

Hope After Hope VI? Reaffirming Racial Integration as a Primary Goal in Housing Policy Prescriptions, Thomas C. Kost

Hosanna-Tabor and Supreme Court Precedent: An Analysis of the Ministerial Exception in the Context of the Supreme Court's Hands-Off Approach to Religious Doctrine, Samuel J. Levine

Hot Spots in the Legislative Climate Change Proposals, Carol M. Rose

How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs

How Goliath Won: The Future Implications of Dukes v. Wal-Mart, Suzette M. Malveaux

How Not to Apply Actavis, Michael A. Carrier

Human Rights and Globalization: Putting the Race to the Top in Perspective, Holning Lau

Ideological Drift Among Supreme Court Justices: Who, When, and How Important?, Lee Epstein, Andrew Martin, Kevin McQuinn, and Jeffrey Segal

If Obscenity Were to Discriminate, Barry P. McDonald

If We Have an Imperfect Constitution, Should We Settle for Remarkably Timid Reform? Reflections Generated by the General Phenomenon of “Tea Party Constitutionalism” and Randy Barnett’s Particular Proposal for a “Repeal Amendment”, Sanford Levinson

I Got 99 Problems and They’re All FATCA, Nirav (Jonathan) Dhanawade

Imperfect Oaths, the Primed President, and an Abundance of Constitutional Caution, Bruce Peabody

In Class with Marty from Highland Park, Christopher S. Yoo

In Cyclobenzaprine, an Objective Failure to Reach a Long-Felt Need in Secondary Considerations Jurisprudence, C. Dylan Turner

Ineffective Assistance of Counsel: How Illinois Has Used the "Prejudice" Prong of Strickland to Lower the Floor on Performance When Defendants Plead Guilty, Erin A. Conway

Informal Deference: A Historical, Empirical, and Normative Analysis of Patent Claim Construction, J. Jonas Anderson and Peter S. Menell

"Ingenious Argument" or a Serious Constitutional Problem? A Comment on Professor Epstein's Paper, Philip Hamburger

In Praise of Faction: How Special Interests Benefit Constitutional Order, Jide Nzelibe

Instead of ENDA, A Course Correction for Title VII, Jennifer S. Hendricks

Intellectual Property Rights: The View from Competition Policy, Shubha Ghosh

Interlocutory Review by Agreement of the Parties: A Preliminary Analysis, James E. Pfander and David R. Pekarek Krohn

Inter Partes Review (IPR) at the Patent Trial and Appeal Board, Andrew Williams, Mircea Tipescu, David Schwartz, Jay Kesan, and Hon. James Smith

Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment's Continued Vitality, Ben G. Cohen, Bidish J. Sarma, and Robert J. Smith

Intersex Employment Discrimination: Title VII and Anatomical Sex Nonconformity, Mark E. Berghausen

Intraportfolio Litigation, Amanda M. Rose and Richard Squire

Introducing the New and Improved Americans with Disabilities Act: Assessing the ADA Amendments Act of 2008, Alex B. Long

Inventing Around Copyright, Dan L. Burk

Inventing Around Copyright, Dan L. Burk

Iqbal as Judicial Rorschach Test: An Empirical Study of District Court Interpretations of Ashcroft v. Iqbal, Colleen McNamara

Is Affirmative Action Responsible for the Achievement Gap Between Black and White Law Students? A Correction, a Lesson, and an Update, Katherine Y. Barnes

Is China Creating A New Business Order? Rationalizing China's Extraterritorial Attempt to Expand the Veil-Piercing Doctrine, Wei Shen and Casey Watters

Is Dick Cheney Unconstitutional?, Glenn Harlan Reynolds

Is Military Law Relevant to the "Evolving Standards of Decency" Embodied in the Eighth Amendment?, Corey Rayburn Yung

Is Post-Kelo Reform Bad for the Poor?, Ilya Somin

Is Resistance to Foreign Law Rooted in Racism?, Sheldon Bernard Lyke

Is the “Junk” DNA Designation Bunk?, Simon A. Cole

It's Time for an Immigration Jury, Daniel I. Morales

"Jealousies of a Standing Army": The Use of Mercenaries in the American Revolution and its Implications for Congress's Role in Regulating Private Military Firms, Matthew Underwood

John Paul Stevens, Originalist, Diane Marie Amann

Judiciary Rising: Constitutional Change in the United Kingdom, Erin F. Delaney

Jurisdictionality and Bowles v. Russell, Scott Dodson

Jurisdiction, Merits, and Procedure: Thoughts on Dodson's Trichotomy, Howard M. Wasserman

Jury Certification of Federal Securities Fraud Class Actions, Thomas Kayes

Justice Stevens and the Chevron Puzzle, Thomas W. Merrill

Justice Stevens and the News Media: An Exercise in Exposition, Bill Barnhart

Justice Stevens, Religious Enthusiast, Andrew Koppelman

Justice Stevens's Black Leather Arm Chair, Kathryn A. Watts

Justices Who Change: A Reply to Epstein et al., Linda Greenhouse

Justifying Diversity in the Federal Judiciary, Carl Tobias

"Keeping Books on Romance": The Gift Exclusion in Nonmarital Relationships, Debra Lefler

Keeping Recess Appointments in Their Place, Brian C. Kalt

Keeping the Government's Religion Pure: Pleasant Grove City v. Summum, Christopher C. Lund

Keeping the Label Out of the Case, Pearson Bownas and Mark Herrmann

Keeping Tillman Adjournments in Their Place: A Rejoinder to Seth Barrett Tillman, Brian C. Kalt

Kiobel, Bauman, and the Presumption Against the Extraterritorial Application of the Alien Tort Statute, Ross J. Corbett

Law Upside Down: A Critical Essay on Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., Franklin A. Gevurtz

Legal and Psychological Considerations in Adolescents' End-of-Life Choices, Molly J. Walker Wilson

Legal Remedies for Saving Public Interest Journalism in America, Nick Gamse

Lessons Learned from Forest Grove School District v. T.A.: How the Supreme Court Can Refine the Approach to Private School Tuition Reimbursement Under the IDEA, Courtney Rachel Baron

Liar, Liar, Jury's the Trier? The Future of Neuroscience-Based Credibility Assessment in the Court, John B. Meixner

Linking Rule 9(b) Pleading and the First-to-File Rule to Advance the Goals of the False Claims Act, Karin Lee

Look Away Dixieland: The South and the Federal Income Tax, Robin L. Einhorn

Lost in Space: Laurence Tribe's Invisible Constitution, Eric J. Segall

Mandatory Corporate Social Responsibility As A Vehicle For Reducing Inequality: An Indian Solution For Piketty And The Millennials, Sandeep Gopalan and Akshaya Kamalnath

Mandatory HIV Status Disclosure for Students in Illinois: A Deterrent to Testing and a Violation of the Americans With Disabilities Act, Anthony Todd

Mandatory Pro Bono and Private Attorneys General, Samuel R. Bagenstos

Marriage-Based Immigration for Same-Sex Couples After DOMA: Lingering Problems of Proof and Prejudice, Anna Carron

Massachusetts v. EPA: Breaking New Ground on Issues Other Than Global Warming, Kathryn A. Watts and Amy J. Wildermuth

Massachusetts v. EPA: Breaking New Ground on Issues Other Than Global Warming (Part II), Kathryn A. Watts and Amy J. Wildermuth

Massachusetts v. EPA Heats Up Climate Policy No Less Than Administrative Law: A Comment on Professors Watts and Wildermuth, Jonathan H. Adler

McDonald v. Chicago: Which Standard of Scrutiny Should Apply to Gun Control Laws?, Lawrence Rosenthal and Joyce Lee Malcolm

McDonald v. Chicago: Which Standard of Scrutiny Should Apply to Gun-Control Laws?, Lawrence Rosenthal and Joyce Lee Malcolm

Memo to the President (and his opponents): Ideology Still Counts, David A. Strauss

Mending Holes in the Rule of (Administrative) Law, Evan J. Criddle

Military Commissions and National Security Courts After Guantánamo, Amos N. Guiora

Mini-DOMAs as Political Process Failures: The Case for Heightened Scrutiny of State Anti-Gay Marriage Amendments, Steve Sanders

Missing the Mark: An Overlooked Statute Redefines the Debate over Statutory Interpretation, William S. Blatt

Missing The Mark: Gun Control Is Not The Cure For What Ails The U.S. Mental Health System, Carolyn Reinach Wolf and Jamie A. Rosen

Mitigating Dysfunctional Deference Through Improvements in Board Composition and Board Effectiveness, Marc Goldstein

Moderating Mayo, Bernard Chao

Moderating Mayo, Bernard Chao

Morris v. Allen and the Lost History of the Anti-Injunction Act of 1793, James E. Pfander and Nassim Nazemi

Mug Shot Disclosure Under FOIA: Does Privacy or Public Interest Prevail?, Kathryn Shephard

"No Logical Stopping-Point": The Consequences of Padilla v. Kentucky's Inevitable Expansion, Derek Wikstrom

Nonjurisdictionality or Inequity, Elizabeth Chamblee Burch

Northwestern University School of Law's 151st Commencement Address, John Paul Stevens

No Third Class Processes for Foreigners, Benjamin G. Davis

Nunc Dimittis or Chef Cornerstone?: Evaluating Africa's International Norm-Development Experiment in the Chad-Cameroon Pipeline Project, Emeka Duruigbo

Of Bitcoins, Independently Wealthy Software, and the Zero-Member LLC, Shawn Bayern

Of Bitcoins, Independently Wealthy Software, and the Zero-Member LLC, Shawn Bayern

On Duopoly and Compensation Games in the Credit Rating Industry, Robert J. Rhee

One-to-One Speech vs. One-to-Many Speech, Criminal Harassment Laws, and "Cyberstalking", Eugene Volokh

On Jurisdictional Elephants and Kangaroo Courts, Stephen I. Vladeck

Optimal Abuse of Power, Adrian Vermeule

Ordeal By Innocence: Why There Should Be a Wrongful Incarceration/Execution Exception to Attorney-Client Confidentiality, Colin Miller

Originalism and Supermajoritarianism: Defending the Nexus, John O. McGinnis and Michael B. Rappaport

Originalism and the "Individual Mandate": Rounding Out the Government's Case for Constitutionality, Dan T. Coenen

Originalism and the Ratification of the Fourteenth Amendment, Thomas B. Colby

Outing Privacy, Scott Skinner-Thompson

Out with the Old, in with the New: How a Functionalist Approach Could Save a Dying First Sale Doctrine, Tricia Riskin

Party-Based Corruption and McCutcheon v. FEC, Michael S. Kang

Party Polarization and Congressional Committee Consideration of Constitutional Questions, Neal Devins

Party Polarization and Judicial Review: Lessons from the Affordable Care Act, Neal Devins

Patent Imperialism, Bernard Chao

Paternal Incarceration And Adolescent Well-Being: Life Course Contingencies And Other Moderators, Raymond R. Swisher and Unique R. Shaw-Smith

Pay for Banker Performance: Structuring Executive Compensation for Risk Regulation, Frederick Tung

Physician, Heal Thyself: Discretion and the Problem of Excessive Prosecutorial Caseloads, a Response to Adam Gershowitz and Laura Killinger, Josh Bowers

Pleading Standards Should Not Change After Bell Atlantic v. Twombly, Keith Bradley

Pleasant Grove City v. Summum: Monuments, Messages, and the Next Establishment Clause, Lisa Shaw Roy

Please, Let’s Bury the Junk: The CODIS Loci and the Revelation of Private Information, D.H. Kaye

Point of Novelty, Mark A. Lemley

Populist Outrage, Reckless Empirics: A Review of Failing Law Schools, Michael Simkovic and Frank McIntyre

Pre-1972 Sound Recording Copyright Law, Peter DiCola, Thomas Leavens, Margit Livingston, and Tyler Ochoa

Preface, James E. Pfander

Prevention, Not Prejudice: The Role of Federal Guidelines in HIV-Criminalization Reform, Sarah J. Newman

Private Rights in Public Lands: The Chicago Lakefront, Montgomery Ward, and the Public Dedication Doctrine, Joseph D. Kearney and Thomas W. Merrill

Privatizing and Publicizing Speech, Nelson Tebbe

Privileges or Immunities, Philip Hamburger

Probabilistic Standing, F. Andrew Hessick

Procreation, Harm, and the Constitution, Carter Dillard

Professionalizing Moral Deference, Michael Hatfield

Professionalizing Moral Engagement (A Response to Michael Hatfield), Robert K. Vischer

Property and Speech in Summum, Joseph Blocher

Prosecuting Online Threats After Elonis, Michael Pierce

Protecting Johnny Football®: Trademark Registration for Collegiate Athletes, Christie Cho

Protecting Privacy after Death, Natasha Chu

Protecting Title VII's Antiretaliation Provision in the Wake of University of Texas Southwestern Medical Center v. Nassar, Kimberly A. Pathman

Public Regulation of Private Enforcement: Empirical Analysis of DOJ Oversight of Qui Tam Litigation Under the False Claims Act, David Freeman Engstrom

Purposivism in the Executive Branch: How Agencies Interpret Statutes, Kevin M. Stack

Putting the "Corporate" Back into Corporate Personhood, Caroline Kaeb

Qualified Immunity, Constitutional Stagnation, and the Global War on Terror, Sarah L. Lochner

Quick Off the Mark? In Favor of Empowering the President-Elect, Nina A. Mendelson

Race Matters in Jury Selection, Peter A. Joy

Racketeering After Morrison: Extraterritorial Application of Civil RICO, Daniel Hoppe

Realism About Judges, Richard A. Posner

Reception, Northwestern JTIP

Reclaiming the Equitable Heritage of Habeas, Erica Hashimoto

Rediscovering the Law's Moral Roots, Morris B. Hoffman

Redish on Freedom of Speech, Larry Alexander

Reference Pricing: An Effective Model for the U.S. Pharmaceutical Industry?, Marie Salter

Reflections on OT07, Katherine Shaw

Reforming the Filibuster, Gerard N. Magliocca

Regulating Cyber-security, Nathan Alexander Sales

Regulatory Change and Optimal Transition Relief, Richard L. Revesz and Allison L. Westfahl Kong

Reining in Patent Term Extensions for Related Pharmaceutical Products Post-Photocure and Ortho-McNeil, Ann Kotze

Religion and Race: The Ministerial Exception Reexamined, Ian Bartrum

Religious Freedom, Church–State Separation, and the Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, and Richard W. Garnett

Remand and Appellate Review Issues Facing the Supreme Court in Carlsbad Technology, Inc. v. HIF BIO, Inc., Deborah J. Challener and John B. Howell III

Remote Adjudication in Immigration, Ingrid V. Eagly

Repatriating Tax-Exempt Investments: Tax Havens, Blocker Corporations, and Unrelated Debt-Financed Income, Samuel D. Brunson

Restoring the Fact/Law Distinction in Patent Claim Construction, J. Jonas Anderson and Peter S. Menell

Rethinking Extraordinary Circumstances, Scott Dodson

Rethinking Extraordinary Circumstances, Scott Dodson

Rethinking the Interest-Convergence Thesis, Justin Driver

Rethinking the Order of Battle in Constitutional Torts: A Reply to John Jeffries, Nancy Leong

Rethinking the Order of Battle in Constitutional Torts: A Reply to John Jeffries, Nancy Leong

Reverse Line Movement: How the Third Circuit’s Decision in National Collegiate Athletic Association V. Governor Of New Jersey Contravenes the Anti-Commandeering Doctrine, Tyler Valeska

Revisiting Law School Mismatch: A Comment on Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, and Roger Bolus

Revisiting "Special Needs" Theory via Airport Searches, Alexander A. Reinert

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Reviving National Muffler: Analyzing the Effect of Mayo Foundation on Judicial Deference as Applied to General Tax Authority Guidance, Matthew H. Friedman

Reviving the Privacy Protection Act of 1980, Elizabeth B. Uzelac

Ricci v. DeStefano: End of the Line or Just Another Turn on the Disparate Impact Road?, Charles A. Sullivan

Risky Business: The Credit Crisis and Failure (Part I), Olufunmilayo B. Arewa

Risky Business: The Credit Crisis and Failure (Part II), Olufunmilayo B. Arewa

Risky Business: The Credit Crisis and Failure (Part III), Olufunmilayo B. Arewa

Rogue Trends in Sovereign Debt: Argentina, Vulture Funds, and Pari Passu Under New York Law, Tim R Samples

Sacrificing Quantity for Quality: Better Focusing Prosecutors’ Scarce Resources, Stephanos Bibas

Sad Time: Thoughts on Jurisdictionality, the Legal Imagination, and Bowles v. Russell, Perry Dane

Salazar v. Buono and the Future of the Establishment Clause, Christopher C. Lund

Salazar v. Buono and the Future of the Establishment Clause, Christopher C. Lund

Salazar v. Buono: Sacred Symbolism and the Secular State, Ian Bartrum

Salazar v. Buono: The Cross Between Endorsement and History, Mary Jean Dolan

Salazar v. Buono: The Perils of Piecemeal Adjudication, Lisa Shaw Roy

Schedularity in U.S. Income Taxation and Its Effect on Tax Distribution, Henry Ordower

Scribble Scrabble, the Second Amendment, and Historical Guideposts: A Short Reply to Lawrence Rosenthal and Joyce Lee Malcolm, Patrick J. Charles

Scribble Scrabble, the Second Amendment, and Historical Guideposts: A Short Reply to Lawrence Rosenthal and Joyce Lee Malcolm, Patrick J. Charles

Seeing It, Knowing It, Elizabeth M. Glazer

Selecting the President: A Bad Idea Out There in California, Robert W. Bennett

Senate Termination of Presidential Recess Appointments, Seth Barrett Tillman

Settling the Confusion: Applying Federal Common Law in Settlement Enforcement Proceedings Arising From Federal Claims, Morton Denlow and Jonny Zajac

Shareholders on Shaky Ground: Section 271's Remaining Loophole, Alex Righi

Should Size or Wealth Equal Sophistication in Federal Securities Laws?, Greg Oguss

Silence Is Golden: Moments of Silence, Legislative Prayers, and the Establishment Clause, Eric Segall

Silence Of The Lambs: Giving Voice To The Problem Of Rape And Sexual Assault In The United States Armed Forces, Alexandra Lohman

“Single Point of Entry”: The Promise and Limits of the Latest Cure for Bailouts, John Crawford

So How Did We Get Into This Mess? Observations on the Legitimacy of Citizens United, Alexander Polikoff

Some Sources Of Crime Guns In Chicago: Dirty Dealers, Straw Purchasers, And Traffickers, Philip J Cook, Richard J. Harris, Jens Ludwig, and Harold A. Pollack

Some Thoughts on Justice Stevens and Judging, Constantine L. Trela Jr.

SOX on Fish: A New Harm of Overcriminalization, Todd Haugh

Sox on Fish: A New Harm of Overcriminalization, Todd Haugh

Spatial Legality, Anthony J. Colangelo

Special Lecture: The Impact of Teva on U.S. District Court Patent Claim Construction Procedures, Hon. James F. Holderman

Special Luncheon Lecture by Dr. Christal Sheppard, Christal Sheppard

Speech-Conditioned Funding and the First Amendment: New Standard, Old Doctrine, Little Impact, Heather Blakeman

Splitting the Bill: Creating a National Car Insurance Fund to Pay for Accidents in Autonomous Vehicles, Carrie Schroll

Sprint/United Management Company v. Mendelsohn and Case-by-Case Adjudication of "Me Too" Evidence of Discrimination, David Gregory

Sprint/United Management Co. V. Mendelsohn: The Supreme Court Appears to Have Punted on the Admissibility of “Me Too” Evidence of Discrimination. But Did It?, Mitchell H. Rubinstein

State Law Holocaust-Era Art Claims and Federal Executive Power, Jennifer Anglim Kreder

St. George Tucker's Lecture Notes, the Second Amendment, and Originalist Methodology: A Critical Comment, Saul Cornell

Strategic Globalization: International Law as an Extension of Domestic Political Conflict, Jide Nzelibe

Stripping the Gears of National Government: Justice Stevens's Stand Against Judicial Subversion of Progressive Laws and Lawmaking, Simon Lazarus

Summum and the Establishment Clause, Bernadette Meyler

Superiority as Unity, Jay Tidmarsh

Supersize Them? Large Banks, Taxpayers and the Subsidies that Lay Between, Nizan Geslevich Packin

Supplemental Standing for Severability, Erik R. Zimmerman

Support for the First Line of Defense in Public Health Emergencies, Christina Y. Chan

Supreme Court Prequel: Justice Stevens on the Seventh Circuit, Stefanie A. Lindquist

Symposium: The Future of Law and Development, Part I, Tom Ginsburg, Salil Mehra, Katharina Pistor, and Anna Gelpern

Symposium: The Future of Law and Development, Part II, Mariana Prado, Susan D. Franck, and John Cioffi

Symposium: The Future of Law and Development, Part III, Kevin Davis, Adam Feibelman, Brian Z. Tamanaha, and Yuka Kaneko

Symposium: The Future of Law and Development, Part IV, D. Daniel Sokol and Daniel Kaufmann

Symposium: The Future of Law and Development, Part V, John Ohnesorge and Veronica L. Taylor

Taking the Confusion Out of "Likelihood of Confusion": Toward a More Sensible Approach to Trademark Infringement, Robert G. Bone

Taking the Legislative Temperature: Which Federal Climate Change Legislative Proposal Is "Best"?, Victor B. Flatt

Taking the Legislative Temperature: Which Federal Climate Change Legislative Proposal is “Best”? (Part II), Victor B. Flatt

Taking Warrants Seriously, Oren Bar-Gill and Barry Friedman

Targeted Social Transparency as Global Corporate Strategy, Stephen Kim Park

Tax Accrual Workpapers and Textron: Is Litigation Strategy No Longer Protected?, Lindsey Sullivan

Tax-Free Reorganizations: The Evolution and Revolution of Triangular Mergers, Stephanie Hoffer and Dale A. Oesterle

Terminating Presidential Recess Appointments: A Reply to Professor Brian C. Kalt, Seth Barrett Tillman

The Aftermath of Louis Vuitton: Why Bringing a Trademark Infringement Case in the ITC is a Viable Option, Jake Webb

The Bayh–Dole Act & Public Rights in Federally Funded Inventions: Will The Agencies Ever Go Marching In?, Ryan Whalen

The Bin Laden Exception, Erik Luna

The Bin Laden Exception, Erik Luna

The Biologics Price Competition and Innovation Act: Potential Problems in the Biologic-Drug Regulatory Scheme, Ryan Timmis

The Brussels Effect, Anu Bradford

The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums, Paul E. McGreal

The Case for Field Preemption of State Laws in Drug Cases, Richard A. Epstein

The Cat’s Paw Supervisor: Vance v. Ball State University’s Flexible Jurisprudence, Daniel Leigh

The CEO and the Hydraulics of Campaign Finance Deregulation, Sarah C. Haan

The CEO and the Hydraulics of Campaign Finance Deregulation, Sarah Jane C. Haan

The Chief Justice, the Appointment of Inferior Officers, and the "Court of Law" Requirement, James E. Pfander

The Conscious Curriculum: From Novice Towards Mastery in Written Legal Analysis and Advocacy, Sarah O. Schrup and Susan E. Provenzano

The Consistency of Conservative Tax Policy, Marjorie E. Kornhauser

The Constitutional Politics of the Tea Party Movement, Richard Albert

The Continuing Gloom About Federal Judicial Rulemaking, Richard D. Freer

The Contraception Mandate, Caroline Mala Corbin

The Contraception Mandate, Caroline Mala Corbin

The Corporate Right to Speak Freely About Macho Federalist Tensions in Times of Political Repression: What Every Venusian Should Know, Andrew I. Gavil

The Crime Victim’s Expanding Role in a System of Public Prosecution: A Response to the Critics of the Crime Victims’ Rights Act, Paul G. Cassell and Steven Joffee

The Curious Case of Cell Phone Location Data: Fourth Amendment Doctrine Mash-Up, Monu Bedi

The Curious Case of Legislative Prayer: Town of Greece v. Galloway, Ian Bartrum

The Current And Future State Of Gun Policy In The United States, William J. Vizzard

The Cyber-Samaritans: Exploring Criminal Liability for the "Innocent" Bystanders of Cyberbullying, Heather Benzmiller

The Definite Article: The D.C. Circuit's Redefinition of Recess Appointments, Jeff VanDam

The Definite Article: The D.C. Circuit's Redefinition of Recess Appointments, Jeff VanDam

The Demise of "Drive-by Jurisdictional Rulings", Howard M. Wasserman

The Demise of “Drive-by Jurisdictional Rulings”, Howard M. Wasserman

The Dog Days of Fourth Amendment Jurisprudence, Kit Kinports

The Effect of Legal Professionalization on Moral Reasoning: A Reply to Professor Vischer and Professor Wendel, Michael Hatfield

The End of Secret Swiss Accounts?: The Impact of the U.S. Foreign Account Tax Compliance Act (FATCA) on Switzerland's Status as a Haven for Offshore Accounts, Jane G. Song

"The Essence of a Free Society": The Executive Powers Legacy of Justice Stevens and the Future of Foreign Affairs Deference, Dawn Johnsen

The #Ferguson Effect: Opening the Pandora’s Box of Implicit Racial Bias in Jury Selection, Sarah Jane Forman

The Ferguson v. JONAH Verdict and a Path Towards National Cessation of Gay-to-Straight "Conversion Therapy", Peter R. Dubrowski

The Flawed Probabilistic Foundation of Law and Economics, Alex Stein

The Future of International Antitrust and Improving Antitrust Agency Capacity, Daniel D. Sokol

The Greening of Harry Blackmun, Stephen B. Burbank

The Impact Of Social Media on the Legislative Process: How the Speech or Debate Clause Could be Interpreted, Shelby Sklar

The Indian Child Welfare Act's Waning Power After Adoptive Couple v. Baby Girl, Kathleena Kruck

The Influence of Ex Parte Quirin and Courts-Martial on Military Commissions, Morris D. Davis

The Institution Matching Canon, Aziz Z. Huq

The Intersection of Constitutional Law and Civil Procedure: Review of Wholesale Justice—Constitutional Democracy and the Problem of the Class Action Lawsuit, Douglas G. Smith

The Intersection of Constitutional Law and Civil Procedure: Review of Wholesale Justice—Constitutional Democracy and the Problem of the Class Action Lawsuit (Part II), Douglas G. Smith

The Intratextual Independent “Legislature” and the Elections Clause, Michael T. Morley

The Intratextual Independent “Legislature” and the Elections Clause, Michael T. Morley

The Intratextual Independent “Legislature” and the Elections Clause, Michael T. Morley

The Irony of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, Caroline Mala Corbin

The Irony of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, Caroline Mala Corbin

The Jurisdictional Time Limit for an Appeal: The Worst Kind of Deadline—Except for All Others*, E. King Poor

The "Kettleful of Law" in Real Jury Deliberations: Successes, Failures, and Next Steps, Shari Seidman Diamond, Beth Murphy, and Mary R. Rose

The Kill Switch: The New Battle over Presidential Recess Appointments, Jeff VanDam

The LDS Church, Proposition 8, and the Federal Law of Charities, Brian Galle

The Lecture Notes of St. George Tucker: A Framing Era View of the Bill of Rights, David T. Hardy

The Legal Status of Employees of Private Military/Security Companies Participating in U.N. Peacekeeping Operations, Mohamad Ghazi Janaby

The Levels of Abstraction Problem in Patent Law, Tun-Jen Chiang

The Long-Term Tort: In Search of a New Causation Framework for Natural Resource Damages, Sanne H. Knudsen

The Many Mendelsohn “Me Too” Missteps: An Alliterative Response to Professor Rubinstein, Paul Secunda

The Meaning of the Seventeenth Amendment and a Century of State Defiance, Zachary D. Clopton and Steven E. Art

The Migration of Constitutional Ideas to Regional and International Economic Law: The Case of Proportionality, Valentina Vadi

The Moonscape of Tax Equality: Windsor and Beyond, Anthony C. Infanti

The Moonscape of Tax Equality: Windsor and Beyond, Anthony C. Infanti

The Mother's Milk of Politics is Corrupting Absolutely, Dan Walker

The Motivating Force of a Bonus Pool, and Other Objections, Claire A. Hill

The Myth of a Value-Free Injury Law: Constitutive Injury Law as a Cultural Battleground, Michael L. Rustad

The Natural Gas Trade Between the Russian Federation and the European Union: Power Dynamics, Legal Challenges, and a Country Caught in the Middle, Justin Clune

The New Old Legal Realism, Tracey E. George, Mitu Gulati, and Ann C. McGinley

The New Wild West: Preventing Money Laundering in the Bitcoin Network, Kavid Singh

The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy, Mark Wu and James Salzman

The Obama Administration’s Decisions to Enforce, but Not Defend, DOMA § 3, Robert J. Delahunty

The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen

The Original Public Meaning of the Foreign Emoluments Clause: A Reply to Professor Zephyr Teachout, Seth Barrett Tillman

The Permanent and Presidential Transition Models of Political Party Policy Leadership, David Fontana

The Plight of the Individual Investor in Securities Class Actions, David H. Webber

The Politics of the Takings Clauses, Mila Versteeg

The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel

The Presidential Role in the Constitutional Amendment Process, Sopan Joshi

The Price of Justice: Interest-Convergence, Cost, and the Anti-Death Penalty Movement, Jolie McLaughlin

The Problematic Nature of Contractionist Statutory Interpretations, Brian G. Slocum

There Is Nothing Pragmatic About Originalism, David S. Law and David McGowan

There Is Nothing Pragmatic About Originalism, David S. Law and David McGowan

The Riddle Underlying Refusal-to-Deal Theory, Michael Jacobs and Alan Devlin

The Right Of A Minor To Independent Status - Three Models, Yitshak Cohen

The Right to Exclude in the Shadow of the Cathedral: A Response to Parchomovsky and Stein, Eric R. Claeys

The Rise and Fall of the Separation of Powers, Steven G. Calabresi, Mark E. Berghausen, and Skylar Albertson

The Significance of Sprint/United Management Company v. Mendelsohn: A Reply to Professors Gregory and Secunda, Mitchell H. Rubinstein

The Social Foundations of World Trade, Sungjoon Cho, James Gathii, and Jide Nzelibe

The Standing Doctrine's Dirty Little Secret, Evan Tsen Lee and Josephine Mason Ellis

The State (Never) Rests: How Excessive Prosecutorial Caseloads Harm Criminal Defendants, Adam M. Gershowitz and Laura R. Killinger

The Synergy of Early Offers and Medical Explanations/Apologies, Christopher J. Robinette

The Tea Party Movement and Popular Constitutionalism, Ilya Somin

The Tea Party, the Constitution, and the Repeal Amendment, Randy Barnett

The Tension between Derivative Works Online Protected by Fair Use and the Takedown Provisions of the Online Copyright Infringement Liability Limitation Act, Frank Guzman

The Transformative Use Test Fails to Protect Actor-Celebrities’ Rights of Publicity, Kevin Chin

The Unavailability Requirement, Aaron R. Petty

The Upside-Down Inequitable Conduct Defense, Tun-Jen Chiang

The Use and Limits of Martin-Quinn Scores to Assess Supreme Court Justices, with Special Attention to the Problem of Ideological Drift, Wade Farnswarth

The Use and Misuse of Patent Licenses, Jonathan S. Masur

The Value of Uncertainty, Cathy Hwang and Benjamin P. Edwards

The Value of Uncertainty, Cathy Hwang and Benjamin P. Edwards

The Virtues of Virtual Marking in Patent Reform, Corey McCaffrey

The Winter’s Tale of Corruption: The 2022 FIFA World Cup in Qatar, the Impending Shift to Winter, and Potential Legal Actions against FIFA, Kate Youd

Thoughts on the Churn Law, Michael Halley

Ties that Bind? The Questionable Consent Justification for Hosanna-Tabor, Jessie Hill

Ties that Bind? The Questionable Consent Justification for Hosanna-Tabor, Jessie Hill

"Too Plain for Argument?" The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries, Richard L. Hasen

Top Tens in 2014: Patent, Trademark, Copyright and Trade-Secret Cases, Stephen McJohn

Toward a "Digital Transfer Doctrine"? The First Sale Doctrine in the Digital Era, Sarah Reis

Toward A Uniform Standard Of Decency: Connecticut’s Prospective Capital Punishment Repeal And The Eighth Amendment, Suchitra Paul

Transfer Taxes in Flux: A Comparison of Alternative Plans for GRAT Reform, Samuel R. Scarcello

Trial by Google: Judicial Notice in the Information Age, Jeffrey Bellin and Andrew Guthrie Ferguson

Tribute to Justice John Paul Stevens, Steven G. Calabresi

Unavoidable Aesthetic Judgments in Copyright Law: A Community of Practice Standard, Robert Kirk Walker and Ben Depoorter

Unconscionability Wars, David Horton

Unconscionability Wars, David Horton

Under School Colors: Private University Police as State Actors Under § 1983, Leigh J. Jahnig

(Un)Equal Protection: Why Gender Equality Depends on Discrimination, Keith Cunningham-Parmeter

Unraveling Privacy: The Personal Prospectus and the Threat of a Full-Disclosure Future, Scott R. Peppet

Using Appraisal to Protect Net Operating Loss Carryforwards, Peter B. Siegal

Using the Computer Fraud and Abuse Act to Secure Public Data Exclusivity, Nicholas A. Wolfe

Value Democracy as the Basis for Viewpoint Neutrality: A Theory of Free Speech and Its Implications for the State Speech and Limited Public Forum Doctrines, Corey Brettschneider

Veil of Ignorance: Tunnel Constructivism in Free Speech Theory, Andrew Koppelman

Volition and Voltaire: A Response to Professor Bagenstos, Tom Lininger

What a History of Tax Withholding Tells Us About the Relationship Between Statutes and Constitutional Law, Anuj C. Desai

What Riegel Portends for FDA Preemption of State Law Products Liability Claims, Catherine M. Sharkey

What Riegel Portends for FDA Preemption of State Law Products Liability Claims (Part II), Catherine M. Sharkey

What's at Stake?: Bluman v. Federal Election Commission and the Incompatibility of the Stake-Based Immigration Plenary Power and Freedom of Speech, Alyssa Markenson

What’s Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, Debra Pogrund Stark

What Tool Works Tells Us About Tailoring Patent Misuse Remedies, David McGowan

What Twombly and Mead Have in Common, Amy J. Wildermuth

When Baby Steps Just Won't Work: Small Farmers Are Our Best Hope Reducing Food Insecurity and We Are Not Doing Enough, Anjanette H. Raymond and Abby Stemler

When Erie Goes International, Donald Earl Childress III

When May a President Refuse to Defend a Statute? The Obama Administration and DOMA, Carlos A, Ball

When Rules are Made to Be Broken, Zev J. Eigen, David S. Sherwyn, and Nicholas F. Menillo

Who Are You Calling Irrational?, Aneil Kovvali

Who Decides What Number of Children is "Right"?, June Carbone

Who Gets the Jewels when a Law Firm Dissolves? The Unfinished Business Doctrine and Hourly Matters, Peter W. Rogers

Who Will Watch the Watchmen?: Citizens Recording Police Conduct, Michael Potere

Why Abstention Is Not Illegitimate: An Essay on the Distinction Between "Legitimate" and "Illegitimate" Statutory Interpretation and Judicial Lawmaking, Richard H. Fallon Jr.

Why Congress Did Not Think About the Constitution When Enacting the Affordable Care Act, Neal Devins

Why More Antitrust Immunity for the Media Is a Bad Idea, Maurice E. Stucke and Allen P. Grunes

Why More Antitrust Immunity for the Media Is a Bad Idea, Maurice E. Stucke and Allen P. Grunes

Why Scalia Should Have Voted to Overturn DOMA, Andrew Koppelman

Why The Blight Distinction in Post-Kelo Reform Does Matter, David A. Dana

Why We Should Ignore the "Octomom", Kimberly D. Krawiec

You Can't Go Holmes Again, Lumen N. Mulligan

You're Fired: Pack Everything but Your Social Media Passwords, Hugh McLaughlin