PAPERS FROM 2009
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| Daniel R. Ernst (July 2, 2009) Pierson v. Post: The New Learning |
| Steven Goldberg (May 27, 2009) The Book of Job and the Role of Uncertainty in Religion and Law |
| Steven Goldberg (May 22, 2009) Does the Wall Still Stand? The Implications of Transhumanism for the Separation of Church and State |
| David Cole (May 20, 2009) Out of the Shadows: Preventive Detention, Suspected Terrorists, and War |
| Alexander Volokh (May 1, 2009) Property Rights and Contract Form in Medieval Europe |
| David A. Koplow (April 3, 2009) ASAT-isfaction: Customary International Law and the Regulation of Anti-Satellite Weapons |
| Gregory Klass (March 18, 2009) A Conditional Intent to Perform |
| Gregory Klass (February 17, 2009) Intent to Contract |
| Jodi Short (February 9, 2009) Coercive State Discourse and the Rise of Self-Regulation |
| Carlos Manuel Vázquez (January 7, 2009) Missouri v. Holland’s Second Holding |
| Carlos Manuel Vázquez (January 7, 2009) The Federal “Claim” in the District Courts: Osborn, Verlinden, and Protective Jurisdiction |
| Carlos Manuel Vázquez (January 7, 2009) Less than Zero? |
| Carlos Vázquez (January 7, 2009) The Separation of Powers as a Safeguard of Nationalism |
| Carlos Manuel Vázquez (January 7, 2009) Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties |
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PAPERS FROM 2008
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| Louis Michael Seidman (December 16, 2008) Powell’s Choice: The Law and Morality of Speech, Silence, and Resignation by High Government Officials |
| Jeffrey Shulman (December 15, 2008) Spiritual Custody: Relational Rights and Constitutional Commitments |
| Jeffrey Shulman (December 15, 2008) The Outrageous God: Emotional Distress, Tort Liability, and the Limits of Religious Advocacy |
| Jeffrey Shulman (December 15, 2008) What Yoder Wrought: Religious Disparagement, Parental Alienation and the Best Interests of the Child |
| Gregory Klass (December 15, 2008) Three Pictures of Contract: Short Version |
| Donald C. Langevoort (December 8, 2008) U.S. Securities Regulation and Global Competition |
| Peter Byrne (December 8, 2008) Hallowed Ground: The Gettysburg Battlefield in Historic Preservation Law |
| Paul Rothstein (December 8, 2008) Comments on Swift and Slobogin: Mental State Evidence |
| Judith Areen (October 28, 2008) Government as Educator: A New Understanding of First Amendment Protection of Academic Freedom and Governance |
| Randy E. Barnett (October 15, 2008) The Misconceived Assumption about Constitutional Assumptions |
| Alexander Volokh (October 1, 2008) Privatization, Free Riding, and Industry-Expanding Lobbying |
| Adam Levitin (September 24, 2008) Resolving the Foreclosure Crisis: Modification of Mortgages in Bankruptcy |
| David Cole (September 22, 2008) Rights Over Borders: Transnational Constitutionalism and Guantanamo Bay |
| David Cole (September 22, 2008) No Reason to Believe: Radical Skepticism, Emergency Power, and Constitutional Constraint |
| Robin West (September 13, 2008) Unenumerated Duties |
| David Cole (September 7, 2008) Terror Financing, Guilt by Association and the Paradigm of Prevention in the ‘War on Terror’ |
| Jill Elaine Hasday (September 2, 2008) Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change |
| Donald C. Langevoort (September 2, 2008) The SEC, Retail Investors, and the Institutionalization of the Securities Markets |
| Nan D. Hunter (August 28, 2008) Risk Governance and Deliberative Democracy in Health Care |
| James Forman Jr. (August 15, 2008) Exporting Harshness: How the War on Crime Has Made the War on Terror Possible |
| Dave Rifkin (August 11, 2008) An Overview of the “Tax Gap” |
| Rebecca Tushnet (August 5, 2008) Power Without Responsibility: Intermediaries and the First Amendment |
| Vicki W. Girard (August 1, 2008) Punishing Pharmaceutical Companies for Unlawful Promotion of Approved Drugs: Why the False Claims Act is the Wrong Rx |
| Robin West (August 1, 2008) Literature, Culture, and Law -- at Duke University |
| Robin West (July 23, 2008) Sex, Law and Consent |
| Daniel R. Ernst (July 23, 2008) The Ideal and the Actual in the State: Willard Hurst at the Board of Economic Warfare |
| Robin West (July 23, 2008) Ennobling Politics |
| David Luban (July 1, 2008) Torture and the Professions |
| David Luban (July 1, 2008) Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law |
| David Luban (July 1, 2008) Unthinking the Ticking Bomb |
| Paul Rothstein (July 1, 2008) Causation in Torts, Crimes, and Moral Philosophy: A Reply to Professor Thomson |
| Rebecca Tushnet (June 15, 2008) User-Generated Discontent: Transformation in Practice |
| Paul Rothstein (June 10, 2008) "Anything You Say May Be Used Against You": A Proposed Seminar on the Lawyer’s Duty to Warn of Confidentiality’s Limits in Today's Post-Enron World |
| Paul Rothstein (June 10, 2008) Glimpses of the Priest as Dean, Legislator, and Friend |
| Paul Rothstein (June 10, 2008) Teaching Evidence |
| Louis Michael Seidman (June 6, 2008) Entrapment and the “Free Market” for Crime |
| Alexander Volokh (June 1, 2008) Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else |
| Kristin N. Henning (June 1, 2008) What’s Wrong With Victims’ Rights in Juvenile Court?: Retributive v. Rehabilitative Systems of Justice |
| Mitt Regan (May 15, 2008) Moral Intuitions and Organizational Culture |
| Kristen K. Robbins Tiscione (May 8, 2008) Paradigm Lost: Recapturing Classical Rhetoric to Validate Legal Reasoning |
| Kristen K. Robbins Tiscione (May 8, 2008) The Inside Scoop: What Federal Judges Really Think about the Way Lawyers Write |
| Alexander Volokh (April 1, 2008) Privatization and the Law and Economics of Political Advocacy |
| Gregory Klass (April 1, 2008) Regulating Information in Contractual Relationships |
| Neal Katyal and Richard Caplan (March 3, 2008) The Surprisingly Stronger Case for the Legality of the NSA Surveillance Program: The FDR Precedent |
| Steven Goldberg (March 1, 2008) Bleached Faith: The Tragic Cost When Religion is Forced Into the Public Square (Stanford University Press 2008) |
| David Jeremiah Barron and Martin S. Lederman (February 22, 2008) The Commander In Chief At The Lowest Ebb — A Constitutional History |
| David Luban (February 12, 2008) Lawfare and Legal Ethics in Guantánamo |
| Martin S. Lederman and David Jeremiah Barron (January 31, 2008) The Commander In Chief At The Lowest Ebb — Framing The Problem, Doctrine, And Original Understanding |
| Adam Levitin and Joshua Goodman (January 28, 2008) The Effect of Bankruptcy Strip-Down on Mortgage Interest Rates: Summary of Initial Findings |
| Julie Rose O'Sullivan (January 28, 2008) The DOJ Risks Killing the Golden Goose Through Computer Associates/Singleton Theories of Obstruction |
| Lisa Heinzerling (January 25, 2008) Climate Change in the Supreme Court |
| Louis Michael Seidman (January 10, 2008) The Dale Problem: Property and Speech Under the Regulatory State |
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PAPERS FROM 2007
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| Rebecca Tushnet (December 5, 2007) Naming Rights: Attribution and Law |
| Lisa Heinzerling (December 4, 2007) Why Care About the Polar Bear? Economic Analysis of Natural Resources Law and Policy |
| Lawrence O. Gostin (November 30, 2007) Global Regulatory Strategies for Tobacco Control |
| John Mikhail (November 30, 2007) The Free Exercise of Religion: An American Perspective |
| John Mikhail (November 30, 2007) Moral Cognition and Computational Theory |
| Gregory Klass (November 27, 2007) Three Pictures of Contract: Duty, Power and Compound Rule |
| Donald C. Langevoort (October 31, 2007) Basic at Twenty : Rethinking Fraud-on-the-Market |
| David Luban (October 26, 2007) ON THE COMMANDER-IN-CHIEF POWER |
| Donald C. Langevoort (September 20, 2007) On Leaving Corporate Executives "Naked, Homeless and Without Wheels": Corporate Fraud, Equitable Remedies, and the Debate Over Entity Versus Individual Liability |
| Philip G. Schrag (September 17, 2007) Federal Student Loan Repayment Assistance for Public Interest Lawyers and other Employees of Governments and Nonprofit Organizations |
| James Forman (August 24, 2007) Why Prison Instead of Preschool? |
| David Cole (August 24, 2007) The Poverty of Posner's Pragmatism: Balancing Away Liberty After 9/11 |
| Steven Goldberg (August 1, 2007) MRIs and the Perception of Risk |
| Louis Michael Seidman (July 10, 2007) Gay Sex and Marriage, the Reciprocal Disadvantage Problem, and the Crisis in Liberal Constitutional Theory |
| Louis Michael Seidman (July 10, 2007) Can Constitutionalism be Leftist? |
| Randy E. Barnett (May 25, 2007) Three Federalisms |
| Mitt Regan (May 8, 2007) Risky Business |
| Neal Katyal (April 27, 2007) Equality in the War on Terror |
| Lawrence O. Gostin and Benjamin E. Berkman (April 12, 2007) Pandemic Influenza: Ethics, Law, and the Public's Health |
| Steven Goldberg (April 10, 2007) Technology Unbound: Will Funded Libertarianism Dominate the Future? |
| John Mikhail (April 5, 2007) ‘Plucking the Mask of Mystery from its Face’: Jurisprudence and H.L.A. Hart, |
| Michael Diamond and Peter Byrne (March 30, 2007) Affordable Housing, Land Tenure, and Urban Policy: The Matrix Revealed |
| Randy E. Barnett (March 13, 2007) The People or the State?: Chisholm V. Georgia and Popular Sovereignty |
| Rebecca Tushnet (March 6, 2007) My Fair Ladies : Sex, Gender, and Fair Use in Copyright |
| Kumar Percy Jayasuriya and Frances M. Brillantine (March 5, 2007) Student Services in the 21st Century: Evolution and Innovation in Discovering Student Needs, Teaching Information Literacy, and Designing Library 2.0-Based Services |
| Alexander Volokh (March 1, 2007) Privatization and the Effectiveness of Monitoring Agencies |
| Lawrence O. Gostin (February 23, 2007) Biomedical Research Involving Prisoners: Ethical Values and Legal Regulation |
| Adam J. Levitin (February 1, 2007) Priceless? The Competitive Costs of Credit Card Merchant Restraints |
| Gregory Klass (January 30, 2007) Contracting for Cooperation in Recovery |
| David Cole (January 23, 2007) Reviving the Nixon Doctrine: NSA Spying, the Commander-In-Chief, and Excutive Power in the War on Terror |
| Lawrence O. Gostin (January 1, 2007) Law as a Tool to Facilitate Healthier Lifestyles and Prevent Obesity |
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PAPERS FROM 2006
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| Michael Diamond (December 4, 2006) Leaders, Followers, and Free Riders: the Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations |
| Steven Goldberg (October 18, 2006) Beyond Coercion: Justice Kennedy's Aversion to Animus |
| Steven Goldberg (October 18, 2006) Kennewick Man and the Meaning of Life |
| Steven Goldberg (October 17, 2006) Cutter and the Preferred Position of the Free Exercise Clause |
| Steven Goldberg (October 17, 2006) Albert Einstein, Esq. |
| Peter Byrne (October 13, 2006) Constitutional Aacademic Freedom After Grutter: Getting Real about the "Four Freedoms" of a University |
| Steven Goldberg (October 5, 2006) Edward G. Donley Memorial Lecture, Enhancing the Senses: How Technological Advances Shape Our View of the Law |
| Michael Diamond (September 8, 2006) Community Economic Development: A Reflection on Community, Power and the Law |
| Michael Diamond (September 6, 2006) Community Lawyering: Revisiting the Old Neighborhood |
| Jonathan H. Marks (August 31, 2006) 9/11 + 3/11 + 7/7 = ? What Counts in Counterterrorism |
| James Forman (August 10, 2006) Do Charter Schools Threaten Public Education? Emerging Evidence from Fifteen Years of a Quasi-Market for Schooling |
| David Cole (July 27, 2006) The Liberal Legacy of Bush v. Gore |
| David Cole (July 27, 2006) The Idea of Humanity: Human Rights and Immigrants' Rights |
| Lawrence O. Gostin and Madison Powers (July 25, 2006) What Does Social Justice Require For The Public’s Health? Public Health Ethics And Policy Imperatives |
| Louis Michael Seidman (June 27, 2006) Critical Constitutionalism Now |
| Ethan Yale and Gregg D. Polsky (June 16, 2006) Reforming the Taxation of Deferred Compensation |
| Susan Bloch (April 14, 2006) Assessing The Impeachment Of President Bill Clinton From A Post 9/11 Perspective |
