Submissions from 2010
Three Models of Legal Ethics, Anthony D'Amato and Edward J. Eberle
State Responsibility for The Exportation Of Nuclear Power Technology, Anthony D'Amato and Kirsten H. Engel
Can the Law Track Scientific Risk and Technological Innovation?: The Problem of Regulatory Definitions and Nanotechnology, David A. Dana
THREE OBSTACLES TO THE PROMOTION OF CORPORATE SOCIAL RESPONSIBILITY BY MEANS OF THE ALIEN TORT CLAIMS ACT: The Sosa Court's Incoherent Conception of the Law of Nations, the "Purposive" Action Requirement for Aiding and Abetting, and the State Action Requirement for Primary Liability, David A. Dana and Michael Barsa
FCC Regulation and Increased Ownership Concentration in the Radio Industry, Peter DiCola
Sequential Musical Creation and Sample Licensing, Peter DiCola
Competition Policy and Financial Distress, Ezra Friedman and Marco Ottaviani Ottaviani
INDIVIDUALIZATION CLAIMS IN FORENSIC SCIENCE: STILL UNWARRANTED, Jonathan Koehler and Michael J. Saks
"A Guantanamo on the Sea": The Difficulties of Prosecuting Pirates and Terrorists, Eugene Kontorovich
The Constitutionality of International Courts: The Forgotten Precedent of Slave Trade Tribunals, Eugene Kontorovich
An Empirical Examination of Universal Jurisdiction for Piracy, Eugene Kontorovich and Steven Art
Careful With That Gun: Lee, George, Wax, and Geach on Gay Rights and Same-Sex Marriage, Andrew Koppelman
Forced Labor, Revisited: The Thirteenth Amendment and Abortion, Andrew Koppelman
How Shall I Praise Thee? Brian Leiter on Respect for Religion, Andrew Koppelman
No Respect: Brian Leiter on Religion, Andrew Koppelman
Strategic Globalization: International Law as an Extension of Domestic Political Conflict, Jide Nzelibe
Federal Circuit Patent Precedent: An Empirical Study of Institutional Authority and IP Ideology, David Pekarek-Krohn and Emerson H. Tiller
Collateral Review of Remand Orders: Reasserting the Supervisory Role of the Supreme Court, James Pfander
Reclaiming the Immigration Constitution of the Early Republic, James Pfander
Article III and the Scottish Enlightenment, James E. Pfander
Public Wrongs and Private Bills: Indemnification and Government Accountability in the Early Republic, James E. Pfander and Jonathan L. Hunt
Interlocutory Review by Agreement of the Parties: A Preliminary Analysis, James Pfander and Dave Pekarek-Krohn
Hearings, Mark Spottswood
Constitutional Politics and Balanced Budgets, Nancy Staudt
"Controlling" Securities Fraud: Proposed Liability Standards for Controlling Persons Under the 1933 and 1934 Securities Acts, Nancy Staudt
Taxation and Gendered Citizenship, Nancy Staudt
Taxation Without Representation, Nancy Staudt
Taxing Housework, Nancy Staudt
Tax Theory and "Mere Critique": A Reply to Professor Zelenak, Nancy Staudt
The Hidden Costs of the Progressivity Debate, Nancy Staudt
The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis (An Introduction), Nancy Staudt
The Political Economy of Taxation: A Critical Review of a Classic, Nancy Staudt
The Theory and Practice of Taxing Difference, Nancy Staudt
The Macroeconomic Court: Rhetoric and Implications of New Deal Decision-Making, Nancy Staudt and Yilei He
Methodological Advances and Empirical Legal Scholarship: A Note on the Cox and Miles' Voting Rights Act Study, Nancy Staudt and Tyler VanderWeele
Constitutional Authority and Subversion: Egypt's New Presidential Election System, Kristen Stilt
How is Islam the Solution?: Constitutional Visions of Contemporary Islamists, Kristen Stilt
Islamic Law and the Making and Remaking of the Iraqi Legal System, Kristen Stilt
Price Setting and Hoarding in Mamluk Egypt, Kristen Stilt
Recognizing the Individual: The Muhtasibs of Early Mamluk Cairo and Fustat, Kristen Stilt
Public and Private as Viewed through the Work of the Muhtasib, Kristen Stilt and Roy Mottahedeh
Arresting Development: Convictions of Innocent Youth, Joshua A. Tepfer, Laura H. Nirider, and Lynda M. Tricarico
THE EVOLUTION OF J.D. PROGRAMS--IS NON-TRADITIONAL BECOMING MORE TRADITIONAL?: THE KEYNOTE ADDRESS OF THE SOUTHWESTERN LAW REVIEW CONFERENCE, David E. Van Zandt
Submissions from 2009
Two Ways to Think about the Punishment of Corporations, Albert Alschuler
THE EUROPEAN COURT’S POLITICAL POWER ACROSS TIME AND SPACE, Karen Alter
THE NEW POOR AT OUR GATES: GLOBAL JUSTICE IMPLICATIONS FOR INTERNATIONAL TRADE AND TAX LAW, Ilan Benshalom
The Death of the American Trial, Robert P. Burns
Consumer Harm Acts? An Economic Analysis of Private Actions Under State Consumer Protection Acts, Henry N. Butler and Jason S. Johnston
The Number of States and the Economics of American Federalism, Steven G. Calabresi and Nicholas K. Terrell
Reforming Section 10 and the Habitat Conservation Plan Program, David A. Dana
The Contextual Rationality of the Precautionary Principle, David A. Dana
The Foreclosure Crisis and the Anti-Fragmentation Principle in State Property Law, David A. Dana
Valuing Foreign Lives and Civilizations in Cost-Benefit Analysis: The Case of the United States and Climate Change Policy, David A. Dana
When Less Liability May Mean More Precaution: The Case of Nanotechnology, David A. Dana
"The Real World": Creating a Compelling Appellate Brief Assignment Based on a Real-World Case, Elizabeth Inglehart and Martha Kanter
Comments on "Getting Scarred and Winning Lotteries: Effects of Exemplar Cuing and Statistical Format on Imagining Low-Probability Events," By Newell, Mitchell, and Hayes (2008), Jonathan Koehler and Laura Macchi
Selection Neglect in Mutual Fund Advertisements, Jonathan Koehler and Molly Mercer
International Responses to Territorial Conquest, Eugene Kontorovich
Originalism and the Difficulties of History in Foreign Affairs, Eugene Kontorovich
The "Define and Punish" Clause and the Limit of Universal Jurisdiction, Eugene Kontorovich
Religious Establishment and Autonomy, Andrew Koppelman
The Language of Consent in Police Encounters, Janice Nadler and J.D. Trout
The Story of Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, James E. Pfander
Rethinking Bivens: Legitimacy and Constitutional Adjudication, James E. Pfander and David Baltmanis
Revelation and Idolatry: Holy Law and Holy Terror, Regina Schwartz
FOUNDATIONAL COMPETENCIES: INNOVATION IN LEGAL EDUCATION, David E. Van Zandt
The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko
Submissions from 2008
Originalism: Lessons From Things That Go Without Saying, Robert William Bennett
A Comprehensive Solution for a Targeted Problem: A Critique of the EU’s Home State Taxation and CCCTB Initiatives, Ilan Benshalom
THE QUEST TO TAX FINANCIAL INCOME IN A GLOBAL ECONOMY: EMERGING TO AN ALLOCATION PHASE, Ilan Benshalom
The Quest to Tax Interest Income: Stages in the Development of International Taxation, Ilan Benshalom
Law, Psychology & Morality, Kenworthey Bilz and Janice Nadler
Litigation and the Optimal Combination of Vague and Precise Clauses in Contracts, Alvaro E. Bustos
A Single-License Approach to Regulating Insurance, Henry N. Butler and Larry E. Ribstein
SUBSTANTIVE DUE PROCESS AFTER GONZALES V. CARHART, Steven G. Calabresi
A New (and Better) Interpretation of Holmes's Prediction Theory of Law, Anthony D'Amato
Contested Morality: Judge Posner on Infanticide, Slavery, Suttee, Female Genital Mutilation, and the Holocaust, Anthony D'Amato
Is International Law Coercive?, Anthony D'Amato
Natural Law - A Libertarian View, Anthony D'Amato
Why is International Law Binding?, Anthony D'Amato
Exclusionary Eminent Domain, David A. Dana
The Mismatch Between Public Nuisance Law and Global Warming, David A. Dana
Gatekeeper Incentive Compensation, Sharon Hannes
Beyond the Article I Horizon: Congress’s Enumerated Powers and Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich
Corruption of Religion and the Establishment Clause, Andrew Koppelman
Coordinating in the Shadow of the Law: Two Contextualized Tests of the Focal Point Theory of Legal Compliance, Richard H. McAdams and Janice Nadler
Moral Spillovers: The Effect of Moral Violations on Deviant Behavior, Elizabeth Mullen and Janice Nadler
Eminent Domain and the Psychology of Property Rights: Proposed Use, Subjective Attachment, and Taker Identity, Janice Nadler and Shari Seidman Diamond
Courting Genocide: The Unintended Effects of Humanitarian Intervention, Jide Nzelibe
Forum Shopping and the Infrastructure of Federalism., James E. Pfander
Judicial Compensation and the Definition of Judicial Power in the Early Republic, James E. Pfander
Fifteen and Thirty Five--Class Warfare in Subchapter K of the Internal Revenue Code: The Taxation of Human Capital Upon the Receipt of a Proprietary Interest in a Business Enterprise, Philip F. Postlewaite
Commercial Speech, First Amendment Intuitionism and the Twilight Zone of Viewpoint Discrimination, Martin H. Redish
IF MAJOR WARS AFFECT (JUDICIAL) FISCAL POLICY, HOW & WHY?, Nancy Staudt
Submissions from 2007
Comment: Experts who don't know they don't know, Jonathan Koehler
Out to Lunch: Saks & koehler Reply to Rudin & Imman's Commentary, Jonathan Koehler
Submissions from 2006
Questions about forensic science: Response, Jonathan Koehler
Train Our Jurors, Jonathan Koehler