Content Posted in 2015
Abolish the Juvenile Court: Youthfulness, Criminal Responsibility, and Sentencing Policy, Barry C. Feld
A Burkean Perspective on Patent Eligibility, Thomas F. Cotter
A Burkean Perspective on Patent Eligibility, Part II: Reflections on the (Counter)Revolution in Patent Law, Thomas F. Cotter
A Call for a Unified Business Organization Law, John H. Matheson and Brent A. Olson
Accommodation at Work: Lessons from the Americans with Disabilities Act and Possibilities for Alleviating the American Worker Time Crunch, Stephen F. Befort
A Century of Juvenile Justice: A Work in Progress or a Revolution that Failed?, Barry C. Feld
A Charitable Corporate Giving Justification for the Socially Responsible Investment of Pension Funds: A Populist Argument for the Public Use of Private Wealth, Edward S. Adams and Karl D. Knutsen
A Cognitive Theory of Trust, Claire Hill and Erin O'Hara O'Connor
Adjudication in Independent Tribunals: The Role of an Alternative Agency Structure, Daniel J. Gifford
Administering the Tax System We Have, Kristin Hickman
Administrative Rulemaking and Judicial Review: Some Conceptual Models, Daniel J. Gifford
Adolescent Criminal Responsibility, Proportionality, and Sentencing Policy: Roper, Graham, Miller/Jackson, and the Youth Discount, Barry C. Feld
A Feminist Interpretation of the Law of Legitimacy, Mary Louise Fellows
A Man's Home Is His Castle: How the Law Shelters Domestic Violence and Sexual Harassment, Beverly Balos
A Market-Based Solution to the Judicial Clerkship Selection Process, Edward S. Adams
A Matter of Prostitution: Becoming Respectable, Beverly Balos and Mary Louise Fellows
An Analysis of the Fifty-first Session of the United Nations Sub-Commission on the Promotion and Protection of Human Rights, David Weissbrodt, Mayra Gomez, and Bret Thiele
An Analysis of the Forty-ninth Session of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, David Weissbrodt, Shinobu Garrigues, and Roman Kroke
An Economic Analysis of Patent Law's Inequitable Conduct Doctrine, Thomas F. Cotter
An Empirical Analysis of Case Outcomes Under the ADA Amendments Act, Stephen F. Befort
A New United Nations Mechanism for Encouraging the Ratification of Treaties, David Weissbrodt
A New United Nations Mechanism for Encouraging the Ratification of Treaties, David Weissbrodt
A New Voice for the Workplace: A Proposal for an American Works Councils Act, Stephen F. Befort
An Exploration of "Non-economic" Damages in Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, and Neil Vidmar
Anti-Anti-Anti-Paternalism, Claire Hill
Antitrust and Trade Issues: Similarities, Differences, and Relationships, Daniel J. Gifford
Antitrust's Troubled Relations with Intellectual Property, Daniel J. Gifford
"Anything Can Happen:" Interpreting the 'End' of War, Fionnuala Ní Aoláin
Applying International Human Rights Standards to the Restraint and Seclusion of Students with Disabilities, David Weissbrodt, Willy Madeira, Daniel Stewart, and William Dikel
A Privatization Solution to the Legitimacy of Prepetition Waivers of the Automatic Stay, Edward S. Adams and James L. Baillie
A Problem of Remedy: Responding to Treasury's (Lack of) Compliance with Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
A Research Guide to the Law of Private Sector Labor-Management Relations, Laura J. Cooper
A Response to the IPCC Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, and David Takacs
A Review Essay of Richard Vigilante's Strike: The Daily News War and the Future of American Labor, Daniel J. Gifford
A Review of the 51st Session of the United Nations Sub-Commission on Promotion and Protection of Human Rights, David Weissbrodt, Mayra Gomez, and Bret Thiele
A Review of the Fifty-Fourth Session of the Sub-Commission on the Promotion and Protection of Human Rights, David Weissbrodt, Penny Parker, Laura Gerber, Muria Kruger, and Joe W. (Chip) Pitts III
A Review of the Fifty-third Session of the Sub-Commission on the Promotion and Protection of Human Rights, David Weissbrodt, Bret Thiele, Mayra Gomez, and Muria Kruger
A Simple Statutory Solution to Minority Oppression in the Closely-Held Business, John H. Matheson and R. Kevin Maler
A Slower Form of Death: Implications of Roper v. Simmons for Juveniles Sentenced to Life Without Parole, Barry C. Feld
A Statutory Model for Corporate Constituency Concerns, Edward S. Adams and John H. Matheson
A Traditionalist Case for Gay Marriage, Dale Carpenter
At the End of Palsgraf, There is Chaos: An Assessment of Proximate Cause in Light of Chaos Theory, Edward S. Adams, Gordon B. Brumwell, and James A. Glazier
Authorization Cards and Union Representation Election Outcome: An Empirical Assessment of the Assumption Underlying the Supreme Court's Gissel Decision, Laura J. Cooper
Authorship, Audiences, and Anonymous Speech, Lyrissa Barnett Lidsky and Thomas F. Cotter
Bad Arguments Against Gay Marriage, Dale Carpenter
Bad Law Makes Hard Cases: Reflections on Teen-Aged Axe-Murderers, Judicial Activism, and Legislative Default, Barry C. Feld
Bankers Behaving Badly? The Limits of Regulatory Reform, Claire Hill
Banks and Venture Capitalists: Are the New Rules Too Tough, Too Weak, or Just Right?, Brett McDonnell
Bargaining in the Shadow of the Lawsuit: A Social Norms Theory of Incomplete Contracts, Claire Hill
Behind Closed Doors: What Really Happens When Cops Question Kids, Barry C. Feld
Berle's Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill and Richard W. Painter
Beyond the Rhetoric of the NAFTA Treaty Debate: A Comparative Analysis of Labor and Employment Law in Mexico and the United States, Stephen F. Befort and Virginia Cornett
BFOQ Revisited: Johnson Controls Halts the Expansion of the Defense to Intentional Sex Discrimination, Stephen F. Befort
Boilerplate, Freedom of Contract, and "Democratic Degradation", Brian H. Bix
Book Review, David Weissbrodt
Brief Summary of the 50th Session of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, David Weissbrodt, Mayra Gomez, and Bret Thiele
Bylaw Reforms for Delaware's Corporation Law, Brett McDonnell
Carbon Capture and Sequestration: Identifying and Managing Risks, Alexandra B. Klass and Elizabeth J. Wilson
Carbon Sequestration and Sustainability, Alexandra B. Klass and Sara E. Bergan
CERCLA, State Law, and Federalism in the 21st Century, Alexandra B. Klass
Challenging Delaware's Desirability as a Haven for Incorporation, Philip S. Garon, Michael A. Stanchfield, and John H. Matheson
Choice of Organizational Form for the Start-Up Business, John H. Matheson
Classified Information Leaks and Free Speech, Heidi Kitrosser
Climate Change and Carbon Sequestration: Assessing a Liability Regime for the Long-term Storage of Carbon Dioxide, Alexandra B. Klass and Elizabeth J. Wilson
Climate Change and Reassessing the "Right" Level of Government: A Response to Bronin, Alexandra B. Klass
Climate Change, Carbon Sequestration, and Property Rights, Alexandra B. Klass and Elizabeth J. Wilson
Cognitive Warfare and Young Black Males in America, Perry L. Moriearty and William Carson
Coloring Outside the Lines: Examining Treasury's (Lack of) Compliance with Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
Combating the Color-Coded Confinement of Kids: An Equal Protection Remedy, Perry L. Moriearty
Commentary: The Trajectory of Complex Business Contracting in Latin America, Claire Hill
Committed Partners and Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, and Michael Voran
Committing To Doing Good and Doing Well: Fiduciary Duty in Benefit Corporations, Brett McDonnell
Common Law and Federalism in the Age of the Regulatory State, Alexandra B. Klass
Comparative International Law at the ICTY: The General Principles Experiment, Neha Jain
Comparative Law and Economics of Standard-Essential Patents and FRAND Royalties, Thomas F. Cotter
Competence, Culpability, and Punishment: Implications of Atkins for Executing and Sentencing Adolescents, Barry C. Feld
Competitiveness in State Supreme Court Elections, 1945-2009, Herbert M. Kritzer
Complex Value Choices at the Environment-Energy Interface, Hari M. Osofsky
Compliance of the United States with International Labor Law, David Weissbrodt and Matthew Mason
Compromised Fiduciaries: Conflicts of Interest in Government and Business, Claire Hill and Richard W. Painter
Concepts, Categories, and Compliance in the Regulatory State, Kristin Hickman and Claire Hill
Conferring on the MacCrate Report: A Clinical Gaze, Beverly Balos
Congressional Oversight of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Constitutional Spaces, Allan Erbsen
Constructing a Jury that Is Both Impartial and Representative: Utilizing Cumulative Voting in Jury Selection, Edward S. Adams and Christian J. Lane
Continuing the Path to Excellence: University of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
Contracting Around Finality: Transforming Price v. Neal from Dictate to Default, Christopher M. Grengs and Edward S. Adams
Contract Texts, Contract Teaching, Contract Law: Comment on Lawrence Cunningham, Contracts in the Real World, Brian H. Bix
Convergence, Culture and Contract Law in China, John H. Matheson
Convergence in Corporate Governance--Possible, But Not Desirable, Brett McDonnell
Corporate Constituency Statutes and Employee Governance, Brett McDonnell
Corporate Cooperation, Relationship Management, and the Trialogical Imperative for Corporate Law, John H. Matheson and Brent A. Olson
Corporate Governance at the Millennium: The Decline of the Poison Pill Antitakeover Defense, John H. Matheson
Corporate Human Rights Responsibilities, David Weissbrodt
Corporate Law and the Longterm Shareholder Model of Corporate Governance, John H. Matheson and Brent A. Olson
Costly Mistakes: Undertaxed Business Owners and Overtaxed Workers, Mary Louise Fellows and Lily Khang
Country-Related and Thematic Developments at the 1988 Session of the U.N. Commission on Human Rights, David Weissbrodt
Creating Failures in the Market for Tax Planning, Phillip A. Curry, Claire Hill, and Francesco Parisi
Criminalizing Juvenile Justice: Rules of Procedure for the Juvenile Court, Barry C. Feld
Criminalizing the American Juvenile Court, Barry C. Feld
Cyber-Conflict, Cyber-Crime, and Cyber-Espionage, David Weissbrodt
Defining Torture and Cruel, Inhuman, and Degrading Treatment, David Weissbrodt and Cheryl Heilman
Demystifying Federal Labor and Employment Law Preemption, Stephen F. Befort
Designing Countercyclical Capital Buffers, Brett McDonnell
Diagonal Federalism and Climate Change: Implications for the Obama Administration, Hari M. Osofsky
Discipline and Discharge of Public-Sector Employees: An Empirical Study of Arbitration Awards, Laura J. Cooper
Discovery in Labor Arbitration, Laura J. Cooper
Discretionary Decisionmaking in the Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford
Diverging Perspectives on Electronic Contracting in the U.S. and EU, Jane K. Winn and Brian H. Bix
Does Law School Still Make Economic Sense?: An Empirical Analysis of "Big" Law Firm Partnership Prospects and the Relationship to Law School Attended, Edward S. Adams and Samuel P. Engel
Domestic Agreements, Brian H. Bix
Domestic Violence Matters: The Case for Appointed Counsel in Protective Order Proceedings, Beverly Balos
Dominance, Innovation, and Efficiency: Modifying Antitrust and Intellectual Property Doctrines to Further Welfare, Daniel J. Gifford
Don't Panic! Defending Cowardly Interventions During and After a Financial Crisis, Brett McDonnell
Dynamic Energy Federalism, Hari M. Osofsky and Hannah J. Wiseman
Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer
Employee Beware: The Irreparable Damage of the Inevitable Disclosure Doctrine, John H. Matheson
Employee Handbooks and the Legal Effect of Disclaimers, Stephen F. Befort
Employee Primacy, or Economics Meets Civic Republicanism at Work, Brett McDonnell
Enforcement of the Domestic Abuse Act in Minnesota: A Preliminary Study, Beverly Balos and Katie Trotzky
Environmental Justice and the BP Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, and Laura Wilson
Equitable Prescription Drug Coverage: Preventing Sex Discrimination in Employer-Provided Health Plans, Stephen F. Befort and Elizabeth C. Borer
Erie's Four Functions: Reframing Choice of Law in Federal Courts, Allan Erbsen
Erie's Starting Points: The Potential Role of Default Rules in Structuring Choice of Law Analysis, Allan Erbsen
ESOP's Failures: Fiduciary Duties When Managers of Employee-Owned Companies Vote to Entrench Themselves, Brett McDonnell
Ethical Problems of an International Human Rights Practice, David Weissbrodt
Examining the Real Demand for Legal Services, Herbert M. Kritzer
Executive Compensation and the Optimal Penumbra of Delaware Corporate Law, Claire Hill and Brett McDonnell
Expressive Association and Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter
Extraordinary Rendition: A Human Rights Analysis, David Weissbrodt and Amy Bergquist
Extraordinary Rendition and the Humanitarian Law of War and Occupation, David Weissbrodt and Amy Bergquist
Extraordinary Rendition and the Torture Convention, David Weissbrodt and Amy Bergquist
Fact-Finding by International Nongovernmental Human Rights Organizations, David Weissbrodt and James McCarthy
Fair Trials? The Manual for Military Commissions in Light of Common Article 3 and Other International Law, David Weissbrodt and Andrea W. Templeton
Fair Use and Copyright Overenforcement, Thomas F. Cotter
Federalism, Efficiency, the Commerce Clause, and the Sherman Act: Why We Should Follow a Consistent Free-Market Policy, Daniel J. Gifford
Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, Jill Elaine Hasday
Financial Regulation Reform and Too Big to Fail, Brett McDonnell
Foreclosure Equity Stripping: Legal Theories and Strategies to Attack a Growing Problem, Prentiss Cox
Foreclosure Reform Amid Mortgage Lending Turmoil: A Public Purpose Approach, Prentiss Cox
Forty Years of Codification of Estates and Trusts Law: Lessons for the Next Generation, Mary Louise Fellows and Gregory S. Alexander
Four Principles for Calculating Reasonable Royalties in Patent Infringement Litigation, Thomas F. Cotter
Four Questionable Rationales for the Patent Misuse Doctrine, Thomas F. Cotter
Framing Justice: Media, Bias, and Legal Decisionmaking, Perry L. Moriearty
Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protections for Leakers of Classified Information, Heidi Kitrosser
From "Predominance" to "Resolvability": A New Approach to Regulating Class Actions, Allan Erbsen
FTC v. Actavis, Inc.: When Is the Rule of Reason Not the Rule of Reason?, Thomas F. Cotter
Fuzzifying the Natural Law--Legal Positivist Debate, Edward S. Adams and Torben Spaak
Gender and the Rule of Law in Transitional Societies, Fionnuala Ní Aoláin and Michael Hamilton
Gendering Constitutional Design in Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, and Naomi Cahn
Gender, Truth & Transition, Fionnuala Ní Aoláin and Catherine Turner
Getting Stuck Between Bottom and Top: State Competition for Corporate Charters in the Presence of Network Effects, Brett McDonnell
Globalization of Constitutional Law and Civil Rights, David Weissbrodt
Goliath Has the Slingshot: Public Benefit and Private Enforcement of Minnesota Consumer Protection Laws, Prentiss Cox
Governance in Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams
Government Policy Towards Innovation in the United States, Canada, and the European Union as Manifested in Patent, Copyright, and Competition Laws, Daniel J. Gifford
Guilty of the Crime of Trust: Nonstranger Rape, Beverly Balos and Mary Louise Fellows
Hamdan and Common Article 3: Did the Supreme Court Get It Right?, Fionnuala Ní Aoláin
Highlights of the Fiftieth Session of the United Sub-Commission on Prevention of Discrimination and Protection of Minorities, David Weissbrodt, Mayra Gomez, and Bret Thiele
Horizontal Federalism, Allan Erbsen
Hostile Share Acquisitions and Corporate Governance: A Framework for Evaluating Antitakeover Activities, John H. Matheson and Jon R. Norberg
How Did We Get Here Anyway?: Considering the Standing Question in DaimlerChrysler v. Cuno, Kristin Hickman
How Do the Social Benefits and Costs of the Patent System Stack Up in Pharmaceuticals?, Daniel J. Gifford
How to Plot Love on an Indifference Curve, Brian H. Bix
Human Rights Approach to Intellectual Property Protection: The Genesis and Application of Sub-Commission Resolution 2000/7, David Weissbrodt and Kell Schoff
Human Rights Legislation and U.S. Foreign Policy, David Weissbrodt
Human Rights Standards Concerning Transnational Corporations and Other Business Entities, David Weissbrodt
Hybrid Energy Governance, Hari M. Osofsky and Hannah J. Wiseman
Identity and Form, Jessica A. Clarke
Impersonal Jurisdiction, Allan Erbsen
Individual Responsibility for Mass Atrocity: In Search of a Concept of Perpetration, Neha Jain
Inferring Desire, Jessica A. Clarke
Innovation and Creativity in the Fine Arts: The Relevance and Irrelevance of Copyright, Daniel J. Gifford
In Search of the Modern Skidmore Standard, Kristin Hickman and Matthew D. Krueger
Institutional Review Boards, Regulatory Incentives, and Some Modest Proposals for Reform, Dale Carpenter
International Human Rights Law Perspective on Grutter and Gratz, David Weissbrodt
International Legal Action Against Apartheid, David Weissbrodt and Georgina Mahoney
International Trial Observers, David Weissbrodt
Interpersonal Distrust in the Modified Rawlsian Society, Daniel J. Gifford
Intimacy and Economic Exchange, Jill Elaine Hasday
Introducing Negotiation and Drafting into the Contracts Classroom, Carol Chomsky and Maury Landsman
IP Misuse and Innovation Harm, Thomas F. Cotter
IRB Guidance: The No Man's Land of Tax Code Interpretation, Kristin Hickman
Is Lawrence Libertarian?, Dale Carpenter
It's the Law Schools Stupid! Explaining the Continuing Increase in the Number of Lawyers, Herbert M. Kritzer
Java and Microsoft: How Does the Antitrust Story Unfold?, Daniel J. Gifford
Judicial Ethics Simulation Based Training, Stephen M. Simon and Maury S. Landsman
Judicial Supremacy and Its Discontents, Dale Carpenter
Judicial Waiver Policy and Practice: Persistence, Seriousness and Race, Marcy Rasmussen Podkopacz and Barry C. Feld
Just Deserts for Juveniles: Punishment v. Treatment and the Difference It Makes, Barry Feld
Justice by Geography: Urban, Suburban, and Rural Variations in Juvenile Justice Administration, Barry C. Feld
Justice in Times of Transition: A Reflection on Transitional Justice, Fionnuala Ní Aoláin
Juvenile and Criminal Justice Systems' Responses to Youth Violence, Barry C. Feld
Juvenile Court Legislative Reform and the Serious Young Offender: Dismantling the "Rehabilitative Ideal", Barry C. Feld
Juveniles' Competence to Exercise Miranda Rights: An Empirical Study of Policy and Practice, Barry C. Feld
Keeping Secrets, Dale Carpenter
Keynote Address: International Standard-Setting on the Human Rights Responsibilities of Businesses, David Weissbrodt
Labor and Employment Law at the Millennium: A Historical Review and Critical Assessment, Stephen F. Befort
Labor Law and Its Reform, Daniel J. Gifford
Labor Policy in Late Twentieth Century Capitalism: New Paradoxes for the Democratic State, Daniel J. Gifford
Law and Technology: Interactions and Relationships, Daniel J. Gifford
Law Firms on the Big Board?: A Proposal for Nonlawyer Investment in Law Firms, Edward S. Adams and John H. Matheson
Law Schools and the Continuing Growth of the Legal Profession, Herbert M. Kritzer
Leak Prosecutions and the First Amendment: New Developments and a Closer Look at the Feasibility of Protecting Leakers, Heidi Kitrosser
Learning the Law by Avoiding It in the Process: And Learning From the Students What They Don't Get in Law School, Charles A. Cox Sr. and Maury S. Landsman
Legal Mechanic: Where Are We Going? The Generalist vs. Specialist Challenge, Herbert M. Kritzer
Lender/Owners and CERCLA: Title and Liability, Ann Burkhart
Lenders and Land, Ann Burkhart
Lessons from the Rise and (Possible) Fall of Chinese Township-Village Enterprises, Brett McDonnell
Let's Try This Again: The ADA Amendments Act of 2008 Attempts to Reinvigorate the "Regarded As" Prong of the Statutory Definition of Disability, Stephen F. Befort
Letting the Puppets Speak: Employee Voice in the Legislative History of the Wagner Act, Laura J. Cooper
Limits of Disclosure, Steven Davidoff Solomon and Claire Hill
Limits of Dodd-Frank's Rating Agency Reform, Claire Hill
Litigation's Role in the Path of U.S. Federal Climate Change Regulation: Implications of AEP v. Connecticut, Hari M. Osofsky
"Macro-Transparency" as Structural Directive: A Look at the NSA Surveillance Controversy, Heidi Kitrosser
Mahr Agreements: Contracting in the Shadow of Family Law (and Religious Law)--A Comment on Oman's Article, Brian H. Bix
Major Developments at the 1989 Session of the UN Commission on Human Rights, Reed Brody and David Weissbrodt
Major Developments at the UN Commission on Human Rights in 1991, Penny Parker and David Weissbrodt
Major Developments at the UN Commission on Human Rights in 1992, Joe W. (Chip) Pitts III and David Weissbrodt
Major Developments in 1990 at the UN Commission on Human Rights, Reed Brody, Penny Parker, and David Weissbrodt
Methods of the "War on Terror", David Weissbrodt and Amy Bergquist
Microsoft Corporation, the Justice Department, and Antitrust Theory, Daniel J. Gifford
Misuse, Thomas F. Cotter
Modern Public Trust Principles: Recognizing Rights and Integrating Standards, Alexandra B. Klass
Moral Judgment of Law Students Across Three Years: Influences of Gender, Political Ideology and Interest in Altruistic Law Practice, Maury Landsman and Steven P. McNeel
Multidisciplinary Practice and the Future of the Legal Profession: Considering a Role for Independent Directors, John H. Matheson and Peter D. Favorite
Musings on a Clinic Report: A Selective Agenda for Clinical Legal Education in the 1990's, Stephen F. Befort
National Security and the Article II Shell Game, Heidi Kitrosser
Negative Dimensions of Identity: A Research Agenda for Law and Public Policy, Avner Ben-Ner and Claire Hill
Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, David Weissbrodt and Muria Kruger
Not "If" but "How": Reflecting on the ABA Commission's Recommendations on Multidisciplinary Practice, John H. Matheson and Edward S. Adams
Of Lenity, Chevron, and KPMG, Kristin Hickman
Of Mises and Min(sky): Libertarian and Liberal Responses to Financial Crises Past and Present, Brett McDonnell
Of Spoil Pits and Swimming Pools: Reconsidering the Measure of Damages for Construction Contracts, Carol Chomsky
Of the Conditional Fee as a Response to Lawyers, Claire Hill and Richard W. Painter
Optimal Fines for False Patent Marking, Thomas F. Cotter
Patents, Tax Shelters, and the Firm, Dan L. Burk and Brett McDonnell
Perfectionist Policies in Family Law, Brian H. Bix
Personal Jurisdiction Based on the Local Effects of Intentional Misconduct, Allan Erbsen
Physician-Assisted Suicide and Federalism, Brian H. Bix
Piercing the Confidentiality Veil: Physician Testimony in International Criminal Trials Against Perpetrators of Torture, David Weissbrodt, Ferhat Pekin, and Amelia Wilson
Police Interrogation of Juveniles: An Empirical Study of Policy and Practice, Barry C. Feld
Political Violence and Gender in Times of Transition, Fionnuala Ní Aoláin
Premarital Agreements in the ALI Principles of Family Dissolution, Brian H. Bix
Pride and Prejudice: A Study of Connections, Mary Louise Fellows
Primary Line Injury Under the Robinson-Patman Act: The Development of Standards and Erosion of Enforcement, Daniel J. Gifford
Principles against Executions, David Weissbrodt and Terri Rosen
Private Enforcement, Steven B. Burbank, Sean Farhang, and Herbert M. Kritzer
Professor Bainbridge and the Arrowian Moment: A Review of The New Corporate Governance in Theory and Practice, Brett McDonnell
Property Rights on the New Frontier: Climate Change, Natural Resource Development, and Renewable Energy, Alexandra B. Klass
Prospects for Ratification of the Convention on the Rights of the Child, David Weissbrodt
Protecting Them from Themselves: The Persistence of Mutual Benefits Arguments for Sex and Race Inequality, Jill Elaine Hasday
Psychiatric and Chemical Dependency Treatment of Minors: The Myth of Voluntary Treatment and the Capacity to Consent, Beverly Balos and Ira Schwartz
Public Sector Bargaining: Fiscal Crisis and Unilateral Change, Stephen F. Befort
Public-Sector Employment Under Siege, Stephen F. Befort
Punitive Damages and Valuing Harm, Alexandra B. Klass
Questioning Gender: Police Interrogation of Delinquent Girls, Barry C. Feld
Race, Politics, and Juvenile Justice: The Warren Court and the Conservative "Backlash", Barry C. Feld
Real Estate Practice in the Twenty-First Century, Ann Burkhart
Reasonable Accommodation and Reassignment under the Americans with Disabilities Act: Answers, Questions, and Suggested Solutions after U.S. Airways, Inc. v. Barnett, Stephen F. Befort
Reassignment Under the Americans with Disabilities Act: Reasonable Accommodation, Affirmative Action, or Both?, Stephen F. Befort and Tracey Holmes Donesky
Recent Skirmishes in the Battle Over Corporate Voting and Governance, Brett McDonnell
Reconsidering Board Oversight Duties after the Financial Crisis, Claire Hill and Brett McDonnell
Redefining the Antitrust Labor Exemption, Daniel J. Gifford
Reference of Juvenile Offenders for Adult Prosecution: The Legislative Alternative to Asking Unanswerable Questions, Barry C. Feld
Reflections on E-Marriage Papers, Brian H. Bix
Regulatory Contrarians, Brett McDonnell and Daniel Schwarcz
Reining in Remedies in Patent Litigation: Three (Increasingly Immodest) Proposals, Thomas F. Cotter
Remedies for Undocumented Noncitizens in the Workplace: Using International Law to Narrow the Holding of Hoffman Plastic Compounds, Inc. v. NLRB, David Weissbrodt
Renewable Energy and the Public Trust Doctrine, Alexandra B. Klass
Reorienting Personal Jurisdiction Doctrine Around Horizontal Federalism Rather than Liberty After Walden v. Fiore, Allan Erbsen
Researching Labor Arbitration and Alternative Dispute Resolution in Employment, Suzanne Thorpe and Laura J. Cooper
Rethinking the Geography of Local Climate Action: Multi-Level Network Participation in Metropolitan Regions, Hari M. Osofsky
Rethinking the Law Firm Organizational Form and Capitalization Structure, Edward S. Adams
Returning Home: Women in Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, and Fionnuala Ní Aoláin
Review Essay, Daniel J. Gifford
Review of Developments at the 48th Session of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, David Weissbrodt and Sosamma Samuel
Revisiting the Black Hole of Workplace Regulation: A Historical and Comparative Perspective of Contingent Work, Stephen F. Befort
Revitalizing Dormant Commerce Clause Review for Interstate Coordination, Alexandra B. Klass and Jim Rossi
Rights, Responsibilities, and Roles: A Comment on Waldron, Brian H. Bix
Robert Alexy, Radbruch's Formula, and the Nature of Legal Theory, Brian H. Bix
Ross and Olivecrona on Rights, Brian H. Bix
Rule of Law: What Does It Mean?, Robert Stein
Sanitizing Interested Transactions, Claire Hill and Brett McDonnell
Scientific Integrity: The Perils and Promise of White House Administration, Heidi Kitrosser
Secrecy and Separated Powers: Executive Privilege Revisited, Heidi Kitrosser
Setting Optimal Rules for Shareholder Proxy Access, Brett McDonnell
Shareholder Bylaws, Shareholder Nominations, and Poison Pills, Brett McDonnell
Shareholder Rights and Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson and Brent A. Olson
Situating Women in Counterterrorism Discourses: Undulating Masculinities and Liminal Femininities, Fionnuala Ní Aoláin
SOx Appeals, Brett McDonnell
State Attorneys General's Use of Concurrent Public Enforcement Authority in Federal Consumer Protection Laws, Amy Widman and Prentiss Cox
State Innovation and Preemption: Lessons from State Climate Change Efforts, Alexandra B. Klass
State Interest and Marriage--The Theoretical Perspective, Brian H. Bix
State Interests in Marriage, Interstate Recognition, and Choice of Law, Brian H. Bix
State Standards for Nationwide Products Revisited: Federalism, Green Building Codes, and Appliance Efficiency Standards, Alexandra B. Klass
Statutes of Limitations in Minnesota Choice of Law: The Problematic Return of the Substance-Procedure Distinction, Laura Cooper
Statutory Reading of Opaque Constructions - Errors and Purposes, Brian H. Bix
Staying Alive: Public Interest Law in Contemporary Latin America, Stephen Meili
Sticky Defaults and Altering Rules in Corporate Law, Brett McDonnell
Stone v. Ritter and the Expanding Duty of Loyalty, Claire Hill and Brett McDonnell
Straight Acting, Dale Carpenter
Strategies for an Employee Role in Corporate Governance, Brett McDonnell
Suburban Climate Change Efforts: Possibilities for Small and Nimble Cities Participating in State, Regional, National, and International Networks, Hari M. Osofsky
Successor Liability, John H. Matheson
Takings and Transmission, Alexandra B. Klass
Tax Lawyers are People Too, Claire Hill
Teaching ADR in the Workplace Once and Again: A Pedagogical History, Laura J. Cooper
Teaching Unincorporated Business Associations through a Simulated Start-Up, Brett McDonnell
Terror Conflated?, Fionnuala Ní Aoláin
Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, Andrea A. Curcio, Carol L. Chomsky, and Eileen Kaufman
The 1980 U.N. Commission on Human Rights and the Disappeared, David Kramer and David Weissbrodt
The 39th Session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sonia Rosen and David Weissbrodt
The 41st Session of The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, Robin M. Maher and David Weissbrodt
The 42nd Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Reed Brody, Maureen Convery, and David Weissbrodt
The Absolute Prohibition of Torture and Ill-Treatment, David Weissbrodt
The Accountable Executive, Heidi Kitrosser
The ADA in Turmoil: Judicial Dissonance, The Supreme Court's Response, and the Future of Disability Discrimination Law, Stephen F. Befort and Holly Lindquist Thomas
The Administration of Justice and Human Rights, David Weissbrodt
The Agency Cost Paradigm: The Good, the Bad, and the Ugly, Claire Hill and Brett McDonnell
The Antecedents of Disputes: Complaining and Claiming, Herbert M. Kritzer
The Antipaternalism Principle in the First Amendment, Dale Carpenter
The Antitrust/Intellectual Property Interface: An Emerging Solution to an Intractable Problem, Daniel J. Gifford
The Approach of the Committee on the Elimination of Racial Discrimination to Interpreting and Applying International Humanitarian Law, David Weissbrodt
The Back-Door to Prison: Waiver Reform, "Blended Sentencing," and the Law of Unintended Consequences, Marcy Rasmussen Podkopacz and Barry C. Feld
The Bounds of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos
The Capstone Course in Labor and Employment Law: A Comprehensive Immersion Simulation Integrating Law, Lawyering Skills, and Professionalism, Laura J. Cooper
The Constitutional Dimension of Unilateral Change in Public-Sector Collective Bargaining, Stephen F. Befort
The Constitutional Underpinnings of Homelessness, Ann Burkhart
The Curious Incident of the Workers in the Boardroom, Brett McDonnell
The Damaging Impact of the Eastman Kodak Precedent upon Product Competition: Antitrust Law in Need of Correction, Daniel J. Gifford
The Doctrine of Piercing the Veil in an Era of Multiple Limited Liability Entities: An Opportunity to Codify the Test for Waiving Owners' Limited Liability Protection, John H. Matheson and Raymond B. Eby
The Draft International Antitrust Code Proposed at Munich: Good Intentions Gone Awry, Daniel J. Gifford
The Economists' New Arguments, Brett McDonnell
The Effectiveness of International Human Rights Pressures: The Case of Argentina, 1976-1983, David Weissbrodt and Maria Luisa Bartolomei
The Electric Grid at a Crossroads: A Regional Approach to Siting Transmission Lines, Alexandra B. Klass
The End of Men or the Rebirth of Class?, June Carbone and Naomi Cahn
The End of the Line: An Empirical Study of Judicial Waiver, Marcy Rasmussen Podkopacz and Barry C. Feld
The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson
The Fortieth Session of the U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities, Katherine Brennan, Reed Brody, and David Weissbrodt
The Forty-Fourth Session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities and the Special Session of the Commission on Human Rights on the Situation in the Former Yugoslavia, Alya Z. Kayal, Penny L. Parker, and David Weissbrodt
The Forty-Third Session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities: The Sub-Commission Under Scrutiny, Karen Reierson and David Weissbrodt
The Gender/Class Divide: Reproduction, Privilege, and the Workplace, June Carbone and Naomi Cahn
The Geography of Solving Global Environmental Problems: Reflections on Polycentric Efforts to Address Climate Change, Hari M. Osofsky
The Goldilocks Hypothesis: Balancing Intellectual Property Rights at the Boundary of the Firm, Dan L. Burk and Brett McDonnell
The Human Rights of Stateless Persons, David Weissbrodt and Clay Collins
The Interplay of Product Definition, Design and Trade Dress, Daniel J. Gifford
The Invisible Hand of Preacquired Account Marketing, Prentiss Cox
The Jurisprudence of Antitrust, Daniel J. Gifford
The Juvenile Court Meets the Principle of Offense: Punishment, Treatment, and the Difference It Makes, Barry C. Feld
The Juvenile Court Meets the Principle of the Offense: Legislative Changes in Juvenile Waiver Statutes, Barry C. Feld
The Labor and Employment Law Decisions of the Supreme Court's 2003-04 Term, Stephen F. Befort
The Law and Economics of Price Discrimination in Modern Economies: Time for Reconciliation?, Daniel J. Gifford and Robert T. Kudrle
The Law of Legitimacy: An Instrument of Procreative Power, Mary Louise Fellows
The Liberal Case for Hobby Lobby, Brett McDonnell
The Limitations of Limited Liability: Lessons for Entrepreneurs (and Their Attorneys), John H. Matheson
The Limits of Gaylaw, Dale Carpenter
The Modern Law of Corporate Groups: An Empirical Study of Piercing the Corporate Veil in the Parent-Subsidiary Context, John H. Matheson
The Most Difficult ADA Reasonable Accommodation Issues: Reassignment and Leave of Absence, Stephen F. Befort
The Myth of Discovery, Claire Hill
The Need for Mead: Rejecting Tax Exceptionalism in Judicial Deference, Kristin Hickman
The New Deal Regulatory Model: A History of Criticisms and Refinements, Daniel J. Gifford
Theories of Contract Law and Enforcing Promissory Morality: Comments on Charles Fried, Brian H. Bix
The Past, Present, and Future of Critical Tax Theory: A Conversation, Karen B. Brown, Mary Louise Fellows, and Bridget J. Crawford
The Perfect Storm of Retirement Insecurity: Fixing the Three-Legged Stool of Social Security, Pensions, and Personal Savings, Stephen F. Befort
The Principle of Non-Refoulement: Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Comparison with the Non-Refoulement Provisions of Other International Human Rights Treaties, David Weissbrodt and Isabel Hortreiter
The Procompetitive Interest in Intellectual Property Law, Thomas F. Cotter
The Public Trust Doctrine in the Shadow of State Environmental Rights Laws: A Case Study, Alexandra B. Klass
The Race to Innocence: Confronting Hierarchical Relations among Women, Mary Louise Fellows and Sherene Razack
The Rationality of Preference Construction (and the Irrationality of Rational Choice), Claire Hill
The Right to Counsel in Juvenile Court: An Empirical Study of When Lawyers Appear and the Difference They Make, Barry C. Feld
The Right to Life During Armed Conflict: Disabled Peoples' International v. United States, David Weissbrodt and Beth Andrus
The Role of Legal Education in Instilling an Ethos of Public Service Among Law Students: Towards a Collaboration Between the Profession and the Academy on Professional Values, Stephen F. Befort and Eric Janus
The Role of Nongovernmental Organizations in the Implementation of Human Rights, David Weissbrodt
The Role of the Committee on the Rights of the Child in Interpreting and Developing International Humanitarian Law, David Weissbrodt, Joseph C. Hansen, and Nathaniel H. Nesbitt
The Role of the Ninth Circuit in the Development of the Law of Attempt to Monopolize, Daniel J. Gifford
The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law, David Weissbrodt and Nathaniel H. Nesbitt
The Separation of Powers Doctrine and the Regulatory Agencies After Bowsher v. Synar, Daniel J. Gifford
The Sounds of Silence: The Libertarian Ethos of ERISA Preemption, Stephen F. Befort and Christopher J. Kopka
The Stein Years--A Time of Advancement and Prosperity, Edward S. Adams
The Sub-Commission's Initiative on Human Rights and Intellectual Property, David Weissbrodt and Kell Schoff
The Three Phases of Mead, Kristin Hickman
The Three "Theme" Special Rapporteurs of the UN Commission on Human Rights, David Weissbrodt
The Transformation of the Juvenile Court, Barry C. Feld
The Transformation of the Juvenile Court--Part II: Social Structure, Race, and the "Crack Down" on Youth Crime, Barry C. Feld
The Trials and Tribulations of Counting "Trials", Herbert M. Kritzer
The Triple System of Family Law, June Carbone and Naomi Cahn
The Trusteeship of Legal Rulemaking, Edward S. Adams and Richard A. Saliterman
The United States-Dakota War Trials: A Study in Military Injustice, Carol Chomsky
The Unknown Past of Lawrence v. Texas, Dale Carpenter
The Value of Institutions and the Values of Free Speech, Dale Carpenter
The Wrong Way to Equality: Privileging Consent in the Trafficking of Women for Sexual Exploitation, Beverly Balos
The Youth Discount: Old Enough to Do the Crime, Too Young to Do the Time, Barry C. Feld
Third-Party Defenses to Mortgages, Ann Burkhart
Tort Experiments in the Laboratories of Democracy, Alexandra B. Klass
Toward a Functional Definition of Publication in Copyright Law, Thomas F. Cotter
Trade and Tensions, Daniel J. Gifford
Trademarks and the Boundaries of the Firm, Dan L. Burk and Brett McDonnell
Transforming Trepidation into Transactional Lawyering, John H. Matheson
Travaux Preparatoires of the Fair Trial Provisions--Articles 8 to 11--of the Universal Declaration of Human Rights, David Weissbrodt and Mattias Hallendorff
Traveling the Road of Probate Reform: Finding the Way to Your Will (A Response to Professor Ascher), Mary Louise Fellows
Two Goals for Executive Compensation Reform, Brett McDonnell
U.K. Refugee Lawyers: Pushing the Boundaries of Domestic Court Acceptance of International Human Rights Law, Stephen Meili
Unanimously Wrong, Dale Carpenter
UNESCO Human Rights Procedure: An Evaluation, David Weissbrodt and Rose Farley
Unilateral Alteration of Public Sector Collective Bargaining Agreements and the Contract Clause, Stephen F. Befort
United States Foreign Policy and Human Rights: An Overview, David Weissbrodt
United States Human Rights Policy in International Organizations, David Weissbrodt
United States Ratification of the Human Rights Covenants, David Weissbrodt
Unlocking the Mysteries of Holy Trinity: Spirit, Letter, and History in Statutory Interpretation, Carol Chomsky
Unmitigated Punishment: Adolescent Criminal Responsibility and LWOP Sentences, Barry C. Feld
Viewing September 11 through the Lens of History, Carol L. Chomsky
Violent Youth and Public Policy: A Case Study of Juvenile Justice Law Reform, Barry C. Feld
What If Daniel Ellsberg Hadn't Bothered?, Heidi Kitrosser
When Quitting Is Fitting: The Need for a Reformulated Sexual Harassment/Constructive Discharge Standard in the Wake of Pennsylvania State Police v. Suders, Stephen F. Befort and Sarah J. Gorajski
Who's the Father?, Naomi Cahn and June Carbone
Why (and How) Fairness Matters at the IP/Antitrust Interface, Daniel A. Farber and Brett McDonnell
Why Did Anyone Listen to the Rating Agencies after Enron?, Claire Hill
Why Didn't Subprime Investors Demand a (Much Larger) Lemons Premium?, Claire Hill
Why Did Rating Agencies Do Such a Bad Job Rating Subprime Securities?, Claire Hill
Why the Generation-Skipping Transfer Tax Sparked Perpetual Trusts, Mary Louise Fellows
Wills and Trusts: "The Kingdom of the Fathers", Mary Louise Fellows
Women in the Post-Conflict Process: Reviewing the Impact of Recent UN Actions in Achieving Gender Centrality, Dina Francesca Haynes, Naomi Cahn, and Fionnuala Ní Aoláin
Women, Security, and the Patriarchy of Internationalized Transitional Justice, Fionnuala Ní Aoláin
Women's Exclusion from the Constitutional Canon, Jill Elaine Hasday
Women, Vulnerability, and Humanitarian Emergencies, Fionnuala Ní Aoláin
