Submissions from 2009

Terrorism, Jonathan Klick, Nuno Garoupa, and Francesco Parisi


Functional Law and Economics, Jonathan Klick and Francisco Parisi

Carbon Footprint Labeling in Climate Finance: Governance and Trade Challenges of Calculating Products’ Carbon Content, Sandra Mayson

African American Activism in the North, Wendell Pritchett

Torture and the Biopolitics of Race, Dorothy Roberts


International Law and International Relations, Beth Simmons

Women and International Institutions: The Effect of the Women's Convention on Female Education, Beth Simmons

The Criminal law of Gambling: A Puzzling History, David Skeel and William Stuntz

The Story of Santa Clara Pueblo v. Martinez: Tribal Sovereignty, Sex Equality and the Federal Courts, Catherine Struve


Introduction to A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association, Tobias Wolff and Andrew Koppelman


Is the BSA Being as Bad as Racists? Judging the BSA's Antigay Policy, Tobias Wolff and Andrew Koppelman


Origins of the Right to Exclude, Tobias Wolff and Andrew Koppelman


Signs of the Times: The Dale Opinion, Tobias Wolff and Andrew Koppelman


The Neolibertarian Proposal, Tobias Wolff and Andrew Koppelman


The Solomon Amendment Litigation and Other Consequences of Dale, Tobias Wolff and Andrew Koppelman


Why Regulate the BSA?, Tobias Wolff and Andrew Koppelman

Submissions from 2008

“One World, Different Dreams”: The Contest to Define the Beijing Olympics, Jacques deLisle

Is There a Method to the Madness? Why Creative and Counterintuitive Solutions Are Counterproductive, Kimberly Ferzan and Michael Dorff

Transamerica Case, Jill Fisch

Law and Religion, 1790-1920, Sarah Gordon


Responsibility, Freedom and Social Justice, Herbert Hovenkamp and Daniel A. Crane

What Drives the Passage of Damage Caps?, Jonathan Klick and Catherine Sharkey

Affirmative Defenses, Stephen Morse

Diminished Capacity, Stephen Morse

Insanity Defense Reform Act (IDRA), Stephen Morse


A Practical Theory of Justice: Proposal for a Hybrid Distributive Principle Centered on Empirical Desert, Paul Robinson


Competing Conceptions of Desert: Vengeful, Deontological, and Empirical, Paul Robinson


Deterrence as a Distributive Principle, Paul Robinson


Distributing Criminal Liability and Punishment, Paul Robinson


Does Criminal Law Deter?, Paul Robinson


Hybrid Distributive Principles, Paul Robinson


Incapacitation of the Dangerous, Paul Robinson

Model Penal Code, Paul Robinson


Rehabilitation, Paul Robinson


Restorative Justice, Paul Robinson


The Need for an Articulated Distributive Principle, Paul Robinson


The Strengths and Weaknesses of Alternative Distributive Principles, Paul Robinson


The Utility of Desert, Paul Robinson

Globalization, Sovereignty and Democracy: The Role of International Organizations in a Globalizing World, Beth Simmons

Judiciary Act of 1891, Catherine Struve

Submissions from 2007


The Future of International Law is Domestic (or, The European Way of Law), William Burke-White and Anne-Marie Slaughter

Business Interests and Information in Environmental Rulemaking, Cary Coglianese

Weak Democracy, Strong Information: The Role of Information Technology in the Rulemaking Process, Cary Coglianese


Free Trade Areas in East Asia: Legal and Economic Liberalism and the Interest-Based Politics of U.S., PRC and Taiwan Participation, Jacques deLisle

Legislating the Cross-Strait Status Quo?: China’s Anti-Secession Law, Taiwan’s Constitutional Reform, and the U.S.’s Taiwan Relations Act, Jacques deLisle

Traps, Gaps and Law: Prospects and Challenges for China’s Reforms, Jacques deLisle

Martha Stewart and Director Independence, Lisa Fairfax

Two Models of Murder: Patterns of Criminalization in the United States, Claire Finkelstein

Nuremberg and Its Legacy, Jean Galbraith and Theodor Meron

Econometric Studies of Law, Jonathan Klick

Formal Methods in Legal Scholarship, Jonathan Klick

Functional Law and Economics, Jonathan Klick

Multivariate Methods in Legal Studies, Jonathan Klick

Prejudgment Interest, Michael Knoll

Shelley v. Kraemer: Racial Liberalism and the U.S. Supreme Court, Wendell Pritchett

Access to Justice: Challenges Models, and the Participation of Non-Lawyers in Justice Delivery, Katherine Shaw

Comment: Does the United States Tax Capital Income, Reed Shuldiner

Submissions from 2006

Insurance as Tort Regulation: Six Ways that Liability Insurance Shapes Tort Law, Tom Baker

Preferences Matter: Conversations with Cambodians on the Prosecution of the Khmer Rouge Leadership, William Burke-White

E-Rulemaking, Cary Coglianese

Foreword, Cary Coglianese

Management-Based Strategies: An Emerging Approach to Environmental Protection, Cary Coglianese and Jennifer Nash

The Promise and Performance of Management-Based Strategies, Cary Coglianese and Jennifer Nash

China and the WTO: Evolving Agendas of Economic Openness, Domestic Reform and Challenges of the Post-Accession Era, Jacques deLisle

China under Hu Jintao: Introduction, Jacques deLisle, Deborah Brown, and Tun-Jen Cheng

Signposts of Anticompetitive Exclusion: Restraints on Innovation and Economies of Scale, Herbert Hovenkamp

Anglo-American Criminal Law: A Brief Summary of its Central Parts, Paul Robinson


How Psychology is Changing the Punishment Theory Debate, Paul Robinson

Initial Interest Confusion: The Diversion of Trademark Law, Jennifer Rothman

From Unilateralism to Bilateralism: Challenges for the Multilateral Trade System, Beth Simmons

The Future of Central Bank Cooperation, Beth Simmons

Trade and Territorial Conflict in Latin America: International Borders as Institutions, Beth Simmons

Expertise and the Legal Process, Catherine Struve

Submissions from 2005

Affirmative Action, Anita Allen

Open Adoption is not for Everyone, Anita Allen


Privacy, Anita Allen

Program Evaluation of Environmental Policies: Toward Evidence-Based Decision Making, Cary Coglianese and Lorie Bennear

Case Assesment and Theory, Kara Finck

Introduction, Claire Finkelstein


Merger and Felony Murder, Claire Finkelstein

Step Two of Chevron v. Natural Resources Defense Council, M. Elizabeth Magill

The Jurisprudence of Craziness, Stephen Morse

Global Futures: The Game, Elizabeth Pollman and Anna Tsing

Forward Looking Dispute Resolution: Ecuador, Peru and the Border Issue, Beth Simmons

The Political Psychology of Redistribution: Implications for Welfare Reform, Amy Wax

Submissions from 2004

Privacy in American Law, Anita Allen

Conclusion: Lessons from the Comparative Study of Tobacco Control, Eric Feldman

Introduction: Liberal States, Public Health, and the Tobacco Question, Eric Feldman

The Limits of Tolerance: Cigarettes, Politics, and Society in Japan, Eric Feldman

A Contractarian Approach to Punishment, Claire Finkelstein

Law and the Contact of Cultures, Sarah Gordon

United States Antitrust Policy in an Age of IP Expansion, Herbert Hovenkamp

Free Expression, Seth Kreimer

Privacy, Seth Kreimer


Moral and Legal Responsibility and the New Neuroscience, Stephen Morse

New Neuroscience, Old Problems, Stephen Morse

Housing Policy, Wendell Pritchett

Robert Weaver, Wendell Pritchett

Submissions from 2003

Against Drug Use, Anita Allen

Privacy, Anita Allen