Submissions from 2007
Can Our Culture Be Saved? The Future of Digital Archiving, Diane Leenheer Zimmerman
The Preventive Paradigm and the Perils of Ad Hoc Balancing, Jules Lobel
A Simple Statutory Solution to Minority Oppression in the Closely Held Business, John H. Matheson and R. Kevin Maler
The Bill of Rights in the Early State Courts, Jason Mazzone
An Unacceptable Exception: The Ramifications of Physician Immunity from Medical Procedure Patent Infringement Liability, Emily C. Melvin
Clear Support or Cause for Suspicion? a Critique of Collective Scienter in Securities Litigation, Kevin M. O'Riordan
Citizen Journalism and the Reporter's Privilege, Mary-Rose Papandrea
State Habeas Relief for Federal Extrajudicial Detainees, Todd E. Pettys
Sex Torts, Deana A. Pollard
Concordance and Conflict in Intuitions of Justice, Paul H. Robinson and Robert Kurzban
Crossing the Color Line: Racial Migration and the One-Drop Rule, 1600-1860, Daniel J. Sharfstein
Rewriting Rule 68: Realizing the Benefits of the Federal Settlement Rule by Injecting Certainty into Offers of Judgment, Danielle M. Shelton
Judicial Interpretation in the Cost-Benefit Crucible, Jonathan R. Siegel
Why Supreme Court Justices Should Ride Circuit Again, David R. Stras
Protecting Communities from Unwarranted Environmental Risks: A NEPA Solution for ICCTA Preemption, Shata L. Stucky
The Political Constitution of Emergency Powers: Some Lessons from Hamdan, Mark Tushnet
Kiss, Kiss, Bang, Bang: How Current Approaches to Guns and Domestic Violence Fail to Save Women's Lives, Jennifer L. Vainik
A New Vision of Public Enforcement, Michael Waterstone
Submissions from 2006
Continuing the Path to Excellence: University of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams
It's a Bird, It's a Plane, No, It's Super Precedent: A Response to Farber and Gerhardt, Randy E. Barnett
Establishing a Substantial Limitation in Interacting with Others: A Call for Clearer Guidance from the EEOC, Lisa M. Benrud-Larson
Pharmacist Refusals: Dispensing (With) Religious Accommodation under Title VII, Amy Bergquist
Reintroducing Circuit Riding: A Timely Proposal, Steven G. Calabresi and David C. Presser
"Don't Read This If It's Not for You": The Legal Inadequacies of Modern Approaches to E-Mail Privacy, Joshua L. Colburn
A Certain Mongrel Court: Congress's Past Power and Present Potential to Reinforce the Supreme Court, Ross E. Davies
Should the Supreme Court Fear Congress?, Neal Devins
The Jurisdictional Heritage of the Grand Jury Clause, Roger A. Fairfax Jr.
The Rule of Law and the Law of Precedents, Daniel A. Farber
Juveniles' Competence to Exercise Miranda Rights: An Empirical Study of Policy and Practice, Barry C. Feld
An Embedded Options Theory of Indefinite Contracts, George S. Geis
Super Precedent, Michael J. Gerhardt
Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, Mark A. Godsey
Permissive Rules of Professional Conduct, Bruce A. Green and Fred C. Zacharias
Compulsory Process and the War on Terror: A Proposed Framework, Megan A. Healy
The Need for Mead: Rejecting Tax Exceptionalism in Judicial Deference, Kristin E. Hickman
The Limits of Their World, Robert Hockett
The "Duty" to Be a Rational Shareholder, David A. Hoffman
A Psychology of Emotional Legal Decision Making: Revulsion and Saving Face in Legal Theory and Practice, Peter H. Huang and Christopher J. Anderson
From House to Home: Creating a Right to Early Lease Termination for Domestic Violence Victims, Anne C. Johnson
The Police Power Revisited: Phantom Incorporation and the Roots of the Takings "Muddle", Bradley C. Karkkainen
Government Regulation of Irrationality: Moral and Cognitive Hazards, Jonathan Klick and Gregory Mitchell
Terms of Use, Mark A. Lemley
The Anticompetitive Effects of Unenforced Invalid Patents, Christopher R. Leslie
In Defense of Redistribution Through Private Law, Daphna Lewinsohn-Zamir
Evaluating the Integraty of Biotechnology Research Tools: Merck V. Integra and the Scope of 35 U.S.C. § 271(E)(1), Michael R. Mischnick
Fruit of the Poison Tree: A First Amendment Analysis of the History and Character of Intelligent Design Education, Todd R. Olin
Representative Government, Representative Court? The Supreme Court as a Representative Body, Angela Onwuachi-Willig
The Problem of Authority: Revisiting the Service Conception, Joseph Raz
The Supreme Court, the Rules Enabling Act, and the Politicization of the Federal Rules: Constitutional and Statutory Implications, Martin H. Redish and Uma M. Amuluru
Embracing Equity: A New Remedy for Wrongful Health Insurance Denials, E. Daniel Robinson
Determining a Corporation's Principal Place of Business: A Uniform Approach to Diversity Jurisdiction, Lindsey D. Saunders
The Marshall Court and the Originalist's Dilemma, Peter J. Smith
What Doth It Profit? Pelikan's Parallels, Steven D. Smith
The Supreme Court and Its Shrinking Docket: The Ghost of William Howard Taft, Kenneth W. Starr
The Future of the Legal Profession, Robert A. Stein
The Incentives Approach to Judicial Retirement, David R. Stras
Foreword, David R. Stras and Karla Vehrs
Increasing E-Quality in Rural America: U.S. Spectrum Policy and Adverse Possession, Lindsey L. Tonsager
When Is Knowing Less Better Than Knowing More? Unpacking the Controversy over Supreme Court Reference to Non-U.S. Law, Mark Tushnet
Political Constraints on Supreme Court Reform, Adrian Vermeule
Third-Party Copyright Liability after Grokster, Alfred C. Yen
Submissions from 2005
A Theory of Copyright's Derivative Right and Related Doctrines, Michael Abramowicz
Meet Me at the (West Coast) Hotel: The Lochner Era and the Demise of Roe V. Wade, Jason A. Adkins
Grading Justice Kennedy: A Reply to Professor Carpenter, Randy E. Barnett
Deconstructing the Law Library: The Wisdom of Meredith Willson, Robert C. Berring
The First Amendment on the Tracks: Should Justice Breyer Be at the Switch?, Lillian R. BeVier
Playing with "Monopoly Money": Phony Profits, Fraud Penalties and Equity, Craig M. Boise
Retaliation, Deborah L. Brake
The Value of Institutions and the Values of Free Speech, Dale Carpenter
Marriage Licenses, Mary Anne Case
Arresting DNA: Privacy Expectations of Free Citizens Versus Post-Convicted Persons and the Unconstitutionality of DNA Dragnets, Aaron B. Chapin
Mastering Eliot's Paradox: Fostering Cultural Memory in an Age of Illusion and Allusion, Jim Chen
The Genius of One Million Volumes, Kathleen Chen
Viewing September 11 Through the Lens of History, Carol L. Chomsky
Federalizing Foreign Relations: The Case for Expansive Federal Jurisdiction in Private International Litigation, Andrew W. Davis
Conflicting Visions and Contested Baselines: Intellectual Property and Free Speech in the "Digital Millennium", Daniel A. Farber
Earthquakes and Tremors in Statutory Interpretation: An Empirical Study of the Dynamics of Interpretation, Daniel A. Farber
Excessive Prison Sentences, Punishment Goals, and the Eighth Amendment: "Proportionality" Relative to What?, Richard S. Frase
An Economic Theory of Infrastructure and Commons Management, Brett M. Frischmann
The First Amendment's Biggest Threat, Michael J. Gerhardt
What Does "Religion" Mean in the Public Square?, Marci A. Hamilton
Synergy and Serendipity, Joan S. Howland
Crisis at Sea: Strengthening Government Regulation to Save Marine Fisheries, Nicola Kieves
Respecting Religious Liberty: Why Rluipa Does Not Violate the Establishment Clause, Matthew D. Krueger
Lawyers, Justice, and the Challenge of Moral Pluralism, Katherine R. Kruse
Evaluating Bundled Discounts, Thomas A. Lambert
Generic Constitutional Law, David S. Law
Adding Insult to Injury: ERISA, Knudson, and the Error of the Possession Theory, David D. Leishman
Re-Marking the Progress in Frischmann, Lawrence Lessig
Substantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech, Gregory P. Magarian
Socratic Method and the Irreducible Core of Legal Education, Donald G. Marshall
Approximately Speech, David McGowan
Monopolization, Exclusion, and the Theory of the Firm, Alan J. Meese
Taxing the Promise to Pay, Gregg D. Polsky and Brant J. Hellwig
Foreign Affairs and the Jeffersonian Executive: A Defense, Saikrishna B. Prakash and Michael D. Ramsey
Towards an Institutional First Amendment, Frederick Schauer
Temporal Perspectives: Resolving the Conflict between Current and Future Investors, Steven L. Schwarcz
Taking Riggs Seriously: The ATCA Case Against a Corporate Abettor of Pinochet Atrocities, Shaw W. Scott
