Submissions from 2003
Too Close to the Rack and the Screw: Constitutional Constraints on Torture in the War on Terror, Seth F. Kreimer
No Other Gods: Answering the Call of Faith in the Practice of Law, Howard Lesnick
Diminished Rationality, Diminished Responsibility, Stephen J. Morse
Inevitable Mens Rea, Stephen J. Morse
Involuntary Competence, Stephen J. Morse
Harm, History, and Counterfactuals, Stephen R. Perry
Where Shall We Live? Class and the Limitations of Fair Housing Law, Wendell Pritchett
The "Public Menace" of Blight: Urban Renewal and the Private Uses of Eminent Domain, Wendell E. Pritchett
Social Justice and Family Court Reform, Dorothy Roberts and Susan Brooks
Child Welfare and Civil Rights, Dorothy E. Roberts
Prohibited Risks and Culpable Disregard or Inattentiveness: Challenge and Confusion in the Formulation of Risk-Creation Offenses, Paul H. Robinson
The A.L.I.'s Proposed Distributive Principle of 'Limiting Retributivism': Does It Mean In Practice Anything Other Than Pure Desert?, Paul H. Robinson
Can a Model Penal Code Second Save the States from Themselves?, Paul H. Robinson and Michael T. Cahill
The Role of Deterrence in the Formulation of Criminal Law Rules: At Its Worst When Doing Its Best, Paul H. Robinson and John M. Darley
Corporate Control Transactions: Introduction, Edward B. Rock and Michael L. Wachter
Defeating Class Certification in Securities Fraud Actions, Kermit Roosevelt III
Exhaustion Under the Prison Litigation Reform Act: The Consequence of Procedural Error, Kermit Roosevelt III
Light from Dead Stars: The Procedural Adequate and Independent State Ground Reconsidered, Kermit Roosevelt III
Civil Rights Litigation: The Current Paradox, David Rudovsky
Avoiding Moral Bankruptcy, David A. Skeel Jr.
Creditors' Ball: The "New" New Corporate Governance in Chapter 11, David A. Skeel Jr.
Access to Networks: Economic and Constitutional Connections, Daniel F. Spulber and Christopher S. Yoo
Direct and Collateral Federal Court Review of the Adequacy of State Procedural Rules, Catherine T. Struve
How Bad Law Made a Hard Case Easy: Nevada v. Hicks and the Subject Matter Jurisdiction of Tribal Courts, Catherine T. Struve
Turf Struggles: Land, Sovereignty, and Sovereign Immunity, Catherine T. Struve
Judging Unions' Future Using a Historical Perspective: The Public Policy Choice Between Competition and Unionization, Michael L. Wachter
Takeover Defense When Financial Markets are (Only) Relatively Efficient, Michael L. Wachter
Information Wants to Be Free: Intellectual Property and the Mythologies of Control, R. Polk Wagner
(Mostly) Against Exceptionalism, R. Polk Wagner
Converted or Unconverted: To Whom Do We Preach?, Amy L. Wax
Social Welfare, Human Dignity, and the Puzzle of What We Owe Each Other, Amy L. Wax
Something for Nothing: Liberal Justice and Welfare Work Requirements, Amy L. Wax
Nullificatory Juries, Kaimipono David Wenger and David A. Hoffman
New Models of Regulation and Interagency Governance, Christopher S. Yoo
Rethinking the Commitment to Free, Local Television, Christopher S. Yoo
The Rise and Demise of the Technology-Specific Approach to the First Amendment, Christopher S. Yoo
Submissions from 2002
Corporate Ownership Structure and the Evolution of Bankruptcy Law: Lessons from the United Kingdom, John Armour, Brian R. Cheffins, and David A. Skeel Jr.
''Step on a Crack, Break Your Mother's Back'': Poor Moms, Myths of Authority, and Drug-Related Evictions from Public Housing, Regina Austin
Liability and Insurance After September 11th: Embracing Risk Meets the Precautionary Principle, Tom Baker
Teaching Real Torts: Using Barry Werth's Damages in the Law School Classroom, Tom Baker
Embracing Risk: The Changing Culture of Insurance and Responsibility, Tom Baker and Jonathan Simon
Pliability Rules, Abraham Bell and Gideon Parchomovsky
Commercial Speech and the Unconstitutional Conditions Doctrine: A Second Look at "The Greater Includes the Lesser", Mitchell N. Berman
The Normative Functions of Coercion Claims, Mitchell N. Berman
Back from the Brink: The Supreme Court Balks at Extending Apprendi to Upset Most Sentencing, Stephanos Bibas
How Apprendi Affects Institutional Allocations of Power, Stephanos Bibas
Never Trust a Corporation, William W. Bratton
Venture Capital on the Downside: Preferred Stock and Corporate Control, William W. Bratton
Enron and the Dark Side of Shareholder Value, William W. Bratton
Semtek, Forum Shopping, and Federal Common Law, Stephen B. Burbank
The Roles of Litigation, Stephen B. Burbank
The Future of the Law, William Burke-White and Anne-Marie Slaughter
A Community of Courts: Toward a System of International Criminal Law Enforcement, William W. Burke-White
An International Constitutional Moment, William W. Burke-White and Anne-Marie Slaughter
Liberal Ideals and Political Feasibility: Guest-Worker Programs as Second-Best Policies, Howard F. Chang
Public Benefits and Federal Authorization for Alienage Discrimination by the States, Howard F. Chang
Empirical Analysis and Administrative Law, Cary Coglianese
Policy Options for Improving Environmental Management in the Private Sector, Cary Coglianese and Jennifer Nash
Human Rights, Civil Wrongs and Foreign Relations: A "Sinical" Look at the Use of U.S. Litigation to Address Human Rights Abuses Abroad, Jacques deLisle
Legality, Morality, and the Good Samaritan, Jacques deLisle
The China-Taiwan Relationship: Law’s Spectral Answers to the Cross-Strait Sovereignty Question, Jacques deLisle
The Roles of Law in the War on Terrorism, Jacques deLisle
Welfare Reform and Families in the Child Welfare System, Morgan B. Ward Doran and Dorothy E. Roberts
The Sarbanes-Oxley Act as Confirmation of Recent Trends in Director and Officer Fiduciary Obligations, Lisa Fairfax
Trust, The Federal Sentencing Guidelines, and Lessons From Fiduciary Law, Lisa Fairfax
Don't Abandon the Model Penal Code Yet! Thinking through Simons's Rethinking, Kimberly Kessler Ferzan
Death and Retribution, Claire Finkelstein
Excuses and Dispositions in Criminal Law, Claire Oakes Finkelstein
Lawyers on the Auction Block: Evaluation and Selection of Class Counsel by Auction, Jill E. Fisch
Law and Justice in the Twenty-First Century, Geoffrey C. Hazard Jr.
Can Law and Economics Be Both Practical and Principled?, David A. Hoffman and Michael P. O'Shea
Bargaining in Coasian Markets: Servitudes and Alternative Land-Use Controls, Herbert Hovenkamp
IP Ties and Microsoft's Rule of Reason, Herbert Hovenkamp
How I Learned to Stop Worrying and Love the Pill: Adaptive Responses to Takeover Law, Marcel Kahan and Edward B. Rock
Villainy and Felony: A Problem Concerning Criminalization, Leo Katz
The Differential Calculus of Consent, Jonathan Klick and Francesco Parisi
Put-Call Parity and the Law, Michael S. Knoll
Lines in the Sand: The Importance of Borders in American Federalism, Seth F. Kreimer
The Pennsylvania Constitution's Protection of Free Expression, Seth F. Kreimer
Double Helix, Double Bind: Factual Innocence and Postconviction DNA Testing, Seth F. Kreimer and David Rudovsky
Modeling the Uniform Law "Process": A Comment on Scott's Rise and Fall of Article 2, Charles W. Mooney Jr.
The Roles of Individuals in UCC Reform: Is the Uniform Law Process a Potted Plant? The Case of Revised UCC Article 8, Charles W. Mooney Jr.
Uncontrollable Urges and Irrational People, Stephen J. Morse
When Gender Differences Become a Trap: The Impact of China's Labor Law on Women, Charles J. Ogletree and Rangita de Silva de Alwis
Towards an Integrated Theory of Intellectual Property, Gideon Parchomovsky and Peter Siegelman
Filings against Trusts and Trustees under Revised Article 9 - Thirteen Variations, Norman Powell
Why Do We Punish? Deterrence and Just Deserts as Motives for Punishment, Paul Robinson, Kevin Carlsmith, and John Darley
Criminal Law Scholarship: Three Illusions, Paul H. Robinson
Should the Victims' Rights Movement Have Influence Over Criminal Law Formulation and Adjudication?, Paul H. Robinson
The Virtues of Restorative Processes, The Vices of "Restorative Justice", Paul H. Robinson
Securities Regulation as Lobster Trap: A Credible Commitment Theory of Mandatory Disclosure, Edward B. Rock
Dangerous Liaisons: Corporate Law, Trust Law, and Interdoctrinal Legal Transplants, Edward B. Rock and Michael L. Wachter
Meeting by Signals, Playing by Norms: Complementary Accounts of Non-Legal Cooperation in Institutions, Edward B. Rock and Michael L. Wachter
Copyright Preemption and the Right of Publicity, Jennifer E. Rothman
Capacity, Commitment, and Compliance: International Law and the Settlement of Territorial Disputes, Beth Simmons
To Settle or Empanel? An Empirical Analysis of Litigation and Settlement at the WTO, Beth Simmons and Andrew Guzman
Virtual Privatization: Governance Strategies for Government-Owned Corporations, David Skeel
The Paradox of Delegation: Interpreting the Federal Rules of Civil Procedure, Catherine T. Struve
Realspace Sovereigns in Cyberspace: Problems with the Anticybersquatting Consumer Protection Act, Catherine T. Struve and R. Polk Wagner