Submissions from 2012
Challenges of “Sameness”: Pitfalls and Benefits to Assumed Connections in Lawyering, Alexis Anderson, Lynn Barenberg, and Carwina Weng
Bush v. Gore: The Worst (or at Least Second-to-the-Worst) Supreme Court Decision Ever, Mark S. Brodin
The Model Penal Code’s Wrong Turn: Renunciation as a Defense to Criminal Conspiracy, R. Michael Cassidy and Gregory Massing
Jurisprudence that Necessarily Embodies Moral Judgment: The Eighth Amendment, Catholic Teaching, and Death Penalty Discourse, Kurt M. Denk
Net Neutrality and Nondiscrimination Norms in Telecommunications: A Historical Perspective, Daniel Lyons
Appeals to the Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor and Mary Sarah Bilder
Rules versus Standards: Competing Notions of Inconsistency Robustness in Patent Law, David S. Olson and Stefania Fusco
Constitutional Transplants, Borrowing, and Migrations, Vlad Perju
Proportionality and Freedom -- An Essay on Method in Constitutional Law, Vlad Perju
Submissions from 2011
Blood Transfusions, Jehovah’s Witnesses, and the American Patients’ Rights Movement, Charles H. Baron
Finding Home in the World: A Deontological Theory of the Right to Be Adopted, Paulo Barrozo
Ricci v. DeStefano: The New Haven Firefighters Case and the Triumph of White Privilege, Mark S. Brodin
What One Lawyer Can Do for Society: Lessons from the Remarkable Career of William P. Homans, Jr., Mark S. Brodin
Accountability, Liability, and the War on Terror -- Constitutional Tort Suits as Truth and Reconciliation Vehicles, George D Brown
Some Reflections on Ethics and Plea Bargaining: An Essay in Honor of Fred Zacharias, R. Michael Cassidy
Zacharias’s Prophecy: The Federalization of Legal Ethics Through Legislative, Court, and Agency Regulation, Daniel R Coquillette and Judith A. McMorrow
Educational Justice and the Recognition of Marriage, Scott T. Fitzgibbon
‘That Man is You!’ The Juristic Person and Faithful Love, Scott T. FitzGibbon
Is Cap and Trade Fair to the Poor? Short-Sighted Households and the Timing of Consumption Taxes, Brian D. Galle
Recessions and the Social Safety Net: The Alternative Minimum Tax as a Counter-Cyclical Fiscal Stabilizer, Brian D. Galle
The Distortionary Effects of Subsidies for Charity in a Federal System, Brian D. Galle
The Politics of Federalism: Self-Interest or Safeguards? Evidence from Congressional Control of State Taxation, Brian D. Galle
Free Will Paradigms, Kent Greenfield
Law, Politics, and the Erosion of Legitimacy in the Delaware Courts, Kent Greenfield
The Problem of Short-termism, Kent Greenfield
Unconscionability and Consent in Corporate Law (A Comment on Cunningham), Kent Greenfield
The Role of Good Faith in Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress?, Daniel Kanstroom
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, and the Rule of Law, Daniel Kanstroom
The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment, Daniel Kanstroom
Preserving the Family Through Change for the Sake of Future Generations, Sanford N Katz
The New Public Domain, Joseph P. Liu
Tethering the Administrative State: The Case Against Chevron Deference for FCC Jurisdictional Claims, Daniel Lyons
Tethering the FCC: The Case Against Chevron Deference for Jurisdictional Claims, Daniel Lyons
A Legitimate Interest in Promoting the Progress of Science: Constitutional Constraints on Copyright Laws, David S. Olson
The Publication of National Security Information in the Digital Age, Mary-Rose Papandrea
New Governance and Rights-Claims, Vlad Perju
The Exxon Valdez Resurfaces in the Gulf of Mexico ... and the Hazards of “Megasystem Centripetal Di-Polarity”, Zygmunt J.B. Plater
Shareholder Lawsuits, Status Quo Bias, and Adoption of the Exclusive Forum Provision, Brian JM Quinn
Submissions from 2010
Taxation and Non-Discrimination: A Reconsideration, Hugh Ault and Jacques Sasseville
Expounding the Law: Law and Judicial Duty, Mary Sarah Bilder
James Madison, Law Student and Demi-Lawyer, Mary Sarah Bilder
“A More Majestic Conception:” the Importance of Judicial Integrity in Preserving the Exclusionary Rule, Robert M Bloom and David H. Fentin
Drawing Lines in Shifting Sands: The U.S. Supreme Court's Mixed Messages on ERISA Preemption Imperil Health Care Reform, Mary Ann Chirba-Martin
Keep Charity Charitable, Brian D. Galle
The AMT's Silver Lining, Brian D. Galle
Doctorado Académico en Derecho, ¿Un vehículo para los transplantes jurídicos?, Gail J. Hupper
Back to Basics: Why Financial Regulatory Overhaul is Overrated, Renee M. Jones
Corporate Governance and Accountability, Renee M. Jones
Will the SEC Survive Financial Regulatory Reform?, Renee M. Jones
Red Mass: 2009 Homily, Gregory A. Kalscheur S.J.
Toward a Defense of Fair Use Enablement, or How U.S. Copyright Law is Hurting My Daughter, Joseph P. Liu
Virtual Takings: The Coming Fifth Amendment Challenge to Net Neutrality Regulation, Daniel Lyons
What Leona Helmsley Can Teach Us About the Charitable Deduction, Ray D. Madoff
Law and Lawyers in the U.S.: The Hero-Villain Dichotomy, Judith A. McMorrow
Professional Responsibility in an Uncertain Profession: Legal Ethics in China, Judith A. McMorrow
The Moral Responsibility of the Corporate Lawyer, Judith A. McMorrow and Luke M. Scheuer
First Amendment Based Copyright Misuse, David S. Olson
Cosmopolitanism and Constitutional Self-Government, Vlad Perju
Learning From Disasters: Twenty-One Years After the Exxon Valdez Oil Spill, Will Reactions to the Deepwater Horizon Blowout Finally Address the Systemic Flaws Revealed in Alaska?, Zygmunt J.B. Plater
Setting It Straight: A Thirtieth Anniversary Gathering in Memory of the Little Tennessee River and its Valley, Zygmunt J.B. Plater
Islamic Legal Maxims as Substantive Canons of Construction: Ḥudūd-Avoidance in Cases of Doubt, Intisar Rabb
The Promise of International Tax Scholarship and its Implications for Research Design, Theory and Methodology, Diane M. Ring
Who is Making International Tax Policy? International Organizations as Power Players in a High Stakes World, Diane M. Ring
Counseling Community Groups, Paul R. Tremblay
Submissions from 2009
Border Searches in the Age of Terrorism, Robert M Bloom
"Just Like Little Dogs": The Law Should Speak with Veracity and Respect, Scott T. FitzGibbon
A Methodology for Mentoring Writing in Law Practice: Using Textual Clues to Provide Effective and Efficient Feedback, Jane Kent Gionfriddo, Daniel Barnett, and E. Joan Blum
Corporate Law and the Rhetoric of Choice, Kent Greenfield
Legitimacy and Corporate Law: The Case for Regulatory Redundancy, Renee M. Jones
Conscience and Citizenship: The Primacy of Conscience for Catholics in Public Life, Gregory A. Kalscheur
Public Use, Public Choice and the Urban Growth Machine: Competing Political Economies of Takings Law, Daniel Lyons
First Amendment Interests and Copyright Accommodations, David S. Olson
Taking the Utilitarian Basis for Patent Law Seriously: The Case for Restricting Patentable Subject Matter, David S. Olson
Reason and Authority in the European Court of Justice, Vlad Perju
Review of The Migration of Constitutional Ideas, Sujit Choudhry, ed., Vlad Perju
A Comment on "Legisprudence", Vlad F. Perju
The Failure of Private Ordering and the Financial Crisis of 2008, Brian JM Quinn
Democracy, Sovereignty and Tax Competition: The Role of Tax Sovereignty in Shaping Tax Cooperation, Diane M. Ring
Shadow Lawyering: Nonlawyer Practice within Law Firms, Paul R Tremblay
The International Organization for Standardization: Private Voluntary Standards as Swords and Shields, David A. Wirth
International Trade Law: CLI Background Paper No. 10, David A. Wirth
Make Trade Rules Attuned to the Ecological Needs and Interests of Future Generations: CLI Recommendation No. 15, David A. Wirth
A First Amendment Perspective on the Construction of Third Party Copyright Liability, Alfred C Yen
Torts and the Construction of Inducement and Contributory Liability in Amazon and Visa, Alfred C Yen
Submissions from 2008
Beyond the ADA: How Clinics Can Assist Law Students with “Non-Visible” Disabilities to Bridge the Accommodations Gap Between Classroom and Practice, Alexis Anderson and Norah Wylie
The Role of Judicial Discretion in Dispute Settlement, James Andreoni and Ray D. Madoff
Colonial Constitutionalism and Constitutional Law, Mary Sarah Bilder
English Settlement and Local Governance, Mary Sarah Bilder
Idea or Practice: A Brief Historiography of Judicial Review, Mary Sarah Bilder
Teaching in Practice: Legal Writing Faculty as Expert Writing Consultants to Law Firms, E. Joan Blum and Kathleen E. Vinson
The Prosecutor and the Press: Lessons (Not) Learned from the Mike Nifong Debacle, R. Michael Cassidy
Evaluating IMF Crisis Prevention as a Matter of Global Justice, Frank J. Garcia
Justice, the Bretton Woods Institutions and the Problem of Inequality, Frank J. Garcia
The Moral Hazard Problem in Global Economic Regulation, Frank J. Garcia
Corporate Ethics in a Devilish System, Kent Greenfield
Reclaiming Corporate Law in a New Gilded Age, Kent Greenfield
The Disaster at Bhopal: Lessons for Corporate Law?, Kent Greenfield
The Impact of "Going Private" on Corporate Stakeholders, Kent Greenfield