Submissions from 2002
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
What If? Prosecuting Crimes of Chemical Terror, William Burke-White
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
Bounded Evaluation: Cognition, Incoherence, and Regulatory Policy, Cary Coglianese
Empirical Analysis and Administrative Law, Cary Coglianese
Management-Based Regulatory Strategies, Cary Coglianese and David Lazer
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
Litigation and Social Conflict in Japan and the United States: The Case of HIV-Tainted Blood, Eric Feldman
Don't Abandon the Model Penal Code Yet! Thinking through Simons's Rethinking, Kimberly Kessler Ferzan
Crime: Definition, Claire Finkelstein
Death and Retribution, Claire Finkelstein
Involuntary Crimes, Voluntarily Committed, 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
The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth-Century America, Sarah Barringer Gordon
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
Economic Experts in Antitrust Cases, Herbert Hovenkamp
IP Ties and Microsoft's Rule of Reason, Herbert Hovenkamp
Fundamentals of Antitrust Law, Herbert Hovenkamp and Phillip E. Areeda
How I Learned to Stop Worrying and Love the Pill: Adaptive Responses to Takeover Law, Marcel Kahan and Edward B. Rock
Comments on Scott Shapiro, Leo Katz
Excuse: Duress, Leo Katz
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
Double Helix, Double Bind: Factual Innocence and Postconviction DNA Testing, Seth F. Kreimer and David Rudovsky
Judicial Review of Administrative Action, M. Elizabeth Magill and Mark Seidenfeld
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
Method and Principle in Legal Theory, Stephen R. Perry
Filings against Trusts and Trustees under Revised Article 9 - Thirteen Variations, Norman Powell
Brownsville, Brooklyn: Blacks, Jews and the Changing Face of the Ghetto, Wendell Pritchett
The Modern General Part: Three Illusions, Paul Robinson
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
Mens Rea, 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
Reconsidering Estoppel: Patent Administration and the Failure of Festo, R. Polk Wagner
Disability, Reciprocity, and 'Real Efficiency': A Unified Approach, Amy L. Wax
The Thirteenth Amendment and Slavery in the Global Economy, Tobias Barrington Wolff
Vertical Integration and Media Regulation in the New Economy, Christopher S. Yoo
Submissions from 2001
Civic Virtue, Cultural Bounty: The Case for Ethnoracial Diversity, Anita Allen
Minor Distractions: Children, Privacy and E-Commerce, Anita L. Allen
The Wanted Gaze: Accountability for Interpersonal Conduct at Work, Anita L. Allen
Student and Faculty Perspectives on Black Americas’ Success in the White Academy, Anita Allen and Kevin Maillard
Crime Statistics, Disparate Impact Analysis and the Economic Disenfranchisement of Minority Ex-Offenders, Regina Austin
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections on the State of Feminism Today·, Regina Austin and Elizabeth M. Schneider
Blood Money, New Money and the Moral Economy of Tort Law in Action, Tom Baker
Insurance and the Law, Tom Baker
Givings, Abraham Bell and Gideon Parchomovsky
Takings Reassessed, Abraham Bell and Gideon Parchomovsky
Coercion Without Baselines: Unconstitutional Conditions in Three Dimensions, Mitchell N. Berman
State Accountability for Violations of Intellectual Property Rights: How to "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman
Apprendi's Perverse Effects on Guilty Pleas Under the Guidelines, Stephanos Bibas
Judicial Fact-Finding and Sentence Enhancements in a World of Guilty Pleas, Stephanos Bibas
Two Observations on Holocaust Claims, William W. Bratton
Berle and Means Reconsidered at the Century's Turn, William W. Bratton
Making Progress the Old-Fashioned Way, Stephen B. Burbank
Jurisdictional Equilibration, the Proposed Hague Convention and Progress in National Law, Stephen B. Burbank
Reframing Impunity: Applying Liberal International Law Theory to an Analysis of Amnesty Legislation, William W. Burke-White
Administrative Law, Cary Coglianese
Assessing the Advocacy of Negotiated Rulemaking: A Response to Philip Harter, Cary Coglianese
Is Consensus an Appropriate Basis for Regulatory Policy?, Cary Coglianese
Policies to Promote Systematic Environmental Management, Cary Coglianese
Bolstering Private-Sector Environmental Management, Cary Coglianese and Jennifer Nash