Submissions from 2011
Hold Fast the Keys to the Kingdom: Federal Administrative Agencies and the Need for Brady Disclosure, Justin Goetz
Erie's Suppressed Premise, Michael Steven Green
Federalism in Bankruptcy: Relocating the Doctrine of Substantive Consolidation, R. Benjamin Hanna
Money Talks but It Isn't Speech, Deborah Hellman
Compromised Fiduciaries: Conflicts of Interest in Government and Business, Claire Hill and Richard Painter
Freedom of Testation / Freedom of Contract, Adam J. Hirsch
Combating Joint Ventures in Suppression: Taking Inventory of the Legal Arsenal, Daniel J. Iden
Blowing Up the Pipes: The Use of (C)(4) to Dismantle Campaign Finance Reform, Cory G. Kalanick
The Problem with Waste: Delaware's Lenient Treatment of Waste Claims at the Demand Stage of Derivative Litigation, Jamie L. Kastler
Who Benefited from the Bailout?, Jonathan G. Katz
UNCLOS, but No Cigar: Overcoming Obstacles to the Prosecution of Maritime Piracy, Ryan P. Kelley
Beyond Crime and Commitment: Justifying Liberty Deprivations of the Dangerous and Responsible, Kimberly Kessler Ferzan
In Deep Water: A Common Law Solution to the Bulk Water Export Problem, Elise L. Larson
On the Edge: Declining Marginal Utility and Tax Policy, Sarah B. Lawsky
Judicial Review of Judicial Lawmaking, Amnon Lehavi
Special Incentives to Sue, Margaret H. Lemos
The Financial Crisis of 2008-2009: Capitalism Didn't Fail, but the Metaphors Got a "C", Jeffrey M. Lipshaw
Substantive Equality: A Perspective, Catharine A. MacKinnon
Successor Liability, John H. Matheson
Turning Winners into Losers: Ponzi Scheme Avoidance Law and the Inequity of Clawbacks, Karen E. Nelson
Expanding the Role of Trade Preference Programs, Monica Patel
Diversity Jurisdiction and Injunctive Relief: Using a "Moving-Party Approach" to Value the Amount in Controversy, Christopher A. Pinahs
Public Choice and International Law Compliance: The Executive Branch Is a "They," Not an "It", Neomi Rao
Arrest Efficiency and the Fourth Amendment, L. Song Richardson
Corporate Governance in an Age of Separation of Ownership from Ownership, Usha Rodrigues
Privatization and the Sale of Tax Revenues, Julie A. Roin
Rule 14A-11 and the Administrative Procedure Act: It's Better to Have Had and Waived, Than Never to Have Had at All, Reed T. Schuster
When Sosa Meets Iqbal: Plausibility Pleading in Human Rights Litigation, Jordan D. Shepherd
The Cloying Use of Unallotment: Curbing Executive Branch Appropriation Reductions During Fiscal Emergencies, Tyler J. Siewert
Whose Claim Is This Anyway? Third-Party Litigation Funding, Maya Steinitz
Executive Compensation in the Courts: Board Capture, Optimal Contracting, and Officers' Fiduciary Duties, Randall S. Thomas and Harwell Wells
Who Are They to Judge?: The Constitutionality of Delegations by Courts to Probation Officers, Mark Thomson
Regulation in the Behavioral Era, Michael P. Vandenbergh, Amanda R. Carrico, and Lisa Schultz Bressman
The Sartorial Dilemma of Knockoffs: Protecting Moral Rights without Disturbing the Fashion Dynamic, Margaret E. Wade
The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law, David Weissbrodt and Nathaniel H. Nesbitt
Submissions from 2010
Who's Afraid of Law and the Emotions?, Kathryn Abrams and Hila Keren
The Visible Hand: Coordination Functions of the Regulatory State, Robert B. Ahdieh
Defining Unpatented Article: Why Labeling Products with Expired Patent Numbers Should Not Be False Marking, Laura N. Arneson
Reconciling the Public Employee Speech Doctrine and Academic Speech after Garcetti V. Ceballos, Darryn Cathryn Beckstrom
Cybermarks, Dan L. Burk
Impeachment and Assassination, Josh Chafetz
Trading-Off Reproductive Technology and Adoption: Does Subsidizing Ivf Decrease Adoption Rates and Should It Matter?, I. Glenn Cohen and Daniel L. Chen
Anticompetitive Effect, Richard D. Cudahy and Alan Devlin
Revising the Organizational Sentencing Guidelines to Eliminate the Focus on Compliance Programs and Cooperation in Determining Corporate Sentence Mitigation, Lindsay K. Eastman
Property Rhetoric and the Public Domain, David Fagundes
The Implications for Law of User Innovation, William W. Fisher III
American Trust Law in a Chinese Mirror, Frances H. Foster
Challenging Peremptories: Suggested Reforms to the Jury Selection Process Using Minnesota as a Case Study, Maisa Jean Frank
The Role of Dissenting Opinions, Ruth Bader Ginsburg
The Due Process Rights of Parents to Cross-Examine Guardians Ad Litem in Custody Disputes: The Reality and the Ideal, Emily Gleiss
Corporate Control and the Need for Meaningful Board Accountability, Michelle M. Harner
Born (Not So) Free: Legal Limits on the Practice of Unassisted Childbirth or Freebirthing in the United States, Anna Hickman
Concepts, Categories, and Compliance in the Regulatory State, Kristin E. Hickman and Claire A. Hill
Speaking of Silence: A Reply to Making Defendants Speak, Donald P. Judges and Stephen J. Cribari
The Voices of Victims: Debating the Appropriate Role of Fraud Victim Allocution under the Crime Victims' Rights Act, Julie Kaster
Vagueness Challenges to the Computer Fraud and Abuse Act, Orin S. Kerr
Mask, Shield, and Sword: Should the Journalist's Privilege Protect the Identity of Anonymous Posters to News Media Websites?, Jane E. Kirtley
Deterring Fraud to Increase Public Confidence: Why Congress Should Allow Government Employees to File Qui Tam Lawsuits, Barry M. Landy
Identity Scripts & Democratic Deliberation, Holning Lau
Strategic Enforcement, Margaret H. Lemos and Alex Stein
Constitutional Dictatorship: Its Dangers and Its Design, Sanford Levinson and Jack M. Balkin
Legislative Prayer and the Secret Costs of Religious Endorsements, Christopher C. Lund
The Protective Scope of the Fair Debt Collection Practices Act: Providing Mortgagors the Protection They Deserve from Abusive Foreclosure Practices, Eric M. Marshall
Judicial Discipline and the Appearance of Impropriety: What the Public Sees Is What the Judge Gets, Raymond J. McKoski
Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of U.S. Law, Jeffrey A. Meyer
Embryo Adoption: The Solution to an Ambiguous Intent Standard, Molly Miller
Cyberspace & the Law: Privacy, Property, and Crime in the Virtual Frontier, Nicole M. Murphy
Meeting Boumediene's Challenge: The Emergence of an Effective Habeas Jurisprudence and Obsolescence of New Detention Legislation, Nathaniel H. Nesbitt
Probably Probable Cause: The Diminishing Importance of Justification Standards, Paul Ohm
From Exclusivity to Concurrence, Mark D. Rosen
Adaptive Management in the Courts, J.B. Ruhl and Robert L. Fischman
Google Book Search and the Future of Books in Cyberspace, Pamela Samuelson
The Need for Review: Allowing Defendants to Appeal the Factual Basis of a Conviction after Pleading Guilty, Steven Schmidt
Regulating Insurance Sales or Selling Insurance Regulation?: Against Regulatory Competition in Insurance, Daniel Schwarcz
Fiduciaries with Conflicting Obligations, Steven L. Schwarcz
Hard Vs. Soft Law: Alternatives, Complements, and Antagonists in International Governance, Gregory C. Shaffer and Mark A. Pollack
Proportionality, Privacy, and Public Opinion: A Reply to Kerr and Swire, Christopher Slobogin
Immunity for Vaccine Manufacturers: The Vaccine Act and Preemption of Design Defect Claims, Eva B. Stensvad
Federal Preemption and the Rating Agencies: Eliminating State Law Liability to Promote Quality Ratings, Timothy M. Sullivan
Relative Futility: Limits to Genetic Privacy Protection Because of the Inability to Prevent Disclosure of Genetic Information by Relatives, Trevor Woodage
Administration by Treasury, David Zaring
Submissions from 2009
Prosecutorial Use of Forensic Science at Trial: When Is a Lab Report Testimonial?, Joe Bourne
The Political Economy of Judging, Thomas Brennan, Lee Epstein, and Nancy Staudt
The Fatally Flawed Theory of the Unbundled Executive, Steven G. Calabresi and Nicholas Terrell
Shaping Supreme Court Policy Through Appointments: The Impact of a New Justice, Charles Cameron, Jee-Kwang Park, and Deborah Beim
Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, Miriam A. Cherry and Jarrod Wong
Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing, David A. Couillard
Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion, Claire Deason
Privatizing Ethics in Corporate Reorganizations, A. Mechele Dickerson
Accepting Justice Kennedy's Challenge: Reviving Race-Conscious School Assignments in the Wake of Parents Involved, Charles E. Dickinson
Natural Laws and Inevitable Infringement, Alan L. Durham
Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs, Richard A. Epstein
Dissents Against Type, Ward Farnsworth
How a Judge Thinks, Michael J. Gerhardt
Shortcuts to Reform, Heather K. Gerken
Murder and the Military Commissions: Prohibiting the Executive's Unauthorized Expansion of Jurisdiction, Joseph C. Hansen
Aggregating Probabilities Across Cases: Criminal Responsibility for Unspecified Offenses, Alon Harel and Ariel Porat
United States Competition Policy in Crisis: 1890-1955, Herbert Hovenkamp
