PAPERS FROM 2009
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| Simon Chesterman (June 9, 2009) Swiss Security Policy Hearings 2009 - Neutrality and its Discontents |
| Simon Chesterman (May 29, 2009) Intelligence Cooperation in International Operations: Peacekeeping, Weapons Inspections, and the Apprehension and Prosecution of War Criminals |
| Catherine M. Sharkey (May 29, 2009) Federalism Accountability: 'Agency-Forcing' Measures |
| Barry Friedman (May 18, 2009) Reconstructing Reconstruction: Some Problems For Originalists (And For Everyone Else, Too) |
| Barry Friedman (May 18, 2009) The Story of Ex parte Young: Once Controversial, Now Canon |
| Richard B. Stewart (May 14, 2009) U.S. Nuclear Waste Law and Policy: Fixing a Bankrupt System |
| Benedict Kingsbury (May 14, 2009) The Concept of ‘Law’ in Global Administrative Law |
| Irene Segal Ayers (May 14, 2009) The Undertraining of Lawyers and Its Effect on the Advancement of Women and Minorities in the Legal Profession |
| Amy M. Adler (May 7, 2009) MEDUSA: A GLIMPSE OF THE WOMAN IN FIRST AMENDMENT LAW |
| Mark A. Geistfeld (April 30, 2009) Efficiency, Fairness, and the Economic Analysis of Tort Law |
| Mark A. Geistfeld (April 30, 2009) The Value of Consumer Choice in Products Liability |
| Clayton P. Gillette (April 27, 2009) Fiscal Home Rule |
| Kevin E. Davis (April 23, 2009) CIVIL REMEDIES FOR CORRUPTION IN GOVERNMENT CONTRACTING: ZERO TOLERANCE VERSUS PROPORTIONAL LIABILITY |
| Jeremy J. Waldron (April 8, 2009) Who Needs Rules of Recognition? |
| Simon Chesterman (April 8, 2009) Legal and Ethical Perspectives on Industry Support to Air Operations |
| Samuel Issacharoff and Ian Samuel (April 7, 2009) The Institutional Dimension of Consumer Protection |
| Samuel Issacharoff and Laura Miller (April 3, 2009) Democracy and Electoral Processes |
| Samuel Issacharoff (April 2, 2009) Political Safeguards in Democracy at War |
| Anna Harvey and Barry Friedman (March 31, 2009) Ducking Trouble: Congressionally-Induced Selection Bias in the Supreme Court’s Agenda |
| Daniel Hulsebosch (March 24, 2009) AN EMPIRE OF LAW: CHANCELLOR KENT AND THE REVOLUTION IN BOOKS IN THE EARLY REPUBLIC |
| Jeremy J. Waldron (March 24, 2009) Civilians, Terrorism, and Deadly Serious Conventions |
| Amy M. Adler (March 19, 2009) Against Moral Rights |
| Adam B. Cox and Cristina M. Rodriguez (March 12, 2009) The President and Immigration Law |
| Christian Iaione (March 11, 2009) THE LAW, ECONOMICS, AND POLICY OF URBAN CONGESTION |
| Mattias Kumm (March 10, 2009) Democracy is not enough: Rights, proportionality and the point of judicial review |
| Stephen Schulhofer (March 5, 2009) Unraveling Guantánamo: Detention, Trials and the "Global War" Paradigm |
| Simon Chesterman (March 3, 2009) 'I'll Take Manhattan': The International Rule of Law and the United Nations Security Council |
| Jeremy J. Waldron (March 3, 2009) Are Sovereigns Entitled to the Benefit of the International Rule of Law? |
| Roderick M. Hills Jr. (February 18, 2009) Federalism and Public Choice |
| Catherine M. Sharkey (February 6, 2009) Drug Advertising Claims: Preemption's New Frontier |
| Robert H. Knowles (January 28, 2009) American Hegemony and the Foreign Affairs Constitution |
| Ruti Teitel and Robert Howse (January 28, 2009) Cross-judging: tribunalization in a fragmented but interconnected global order |
| Samuel Estreicher (January 28, 2009) Employer Reputation at Work |
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PAPERS FROM 2008
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| Margaret L. Satterthwaite (December 22, 2008) The Story of El–Masri v. Tenet: Human Rights and Humanitarian Law in the ‘‘War on Terror’’ |
| Ethan S. Burger Esq. and Mary Holland (December 22, 2008) Law as Politics: The Russian Procuracy and its Investigative Committee |
| Jeremy Waldron (December 19, 2008) Basic Equality |
| Smita Narula (December 17, 2008) The Story of Narmada Bachao Andolan: Human Rights in the Global Economy and the Struggle Against the World Bank |
| Rachel E. Barkow (December 16, 2008) The Ascent of the Administrative State and the Demise of Mercy |
| Clayton P. Gillette (December 15, 2008) Can Public Debt Enhance Democracy? |
| Simon Chesterman (December 15, 2008) The UN Security Council and the Rule of Law |
| Samuel Estreicher and Tristan Pelham-Webb (December 15, 2008) The Wisdom of Soft Judicial Power: Mr. Justice Powell Concurring |
| Samuel Issacharoff (December 12, 2008) The Constitutional Logic of Campaign Finance Regulation |
| Charles Cameron and Lewis Kornhauser (December 12, 2008) Modeling Collegial Courts (3): Judicial Objectives, Opinion Content, Voting and Adjudication Equilibria |
| Simon Chesterman (December 12, 2008) UNaccountable? The United Nations, Emergency Powers, and the Rule of Law in Asia |
| Harry First (December 12, 2008) The Case for Antitrust Civil Penalties |
| Daniel Hulsebosch (December 12, 2008) Debating the Transformation of American Law: James Kent, Joseph Story, and the Legacy of the Revolution |
| Jeremy Waldron (December 12, 2008) Ius Gentium: A Defense of Gentili's Equation of the Law of Nations and the Law of Nature |
| Jeremy Waldron (December 12, 2008) Cruel, Inhuman, and Degrading Treatment: The Words Themselves |
| Jeremy Waldron (December 12, 2008) Can There Be a Democratic Jurisprudence? |
| Samuel Issacharoff (December 11, 2008) Private Claims, Aggregate Rights |
| Samuel Issacharoff (December 11, 2008) Meriwether Lewis, the Air Force, and the Surge: The Problem of Constitutional Settlement |
| AnnJanette Rosga and Margaret L. Satterthwaite (November 14, 2008) The Trust in Indicators: Measuring Human Rights |
| Samuel Estreicher (October 30, 2008) "Think Global, Act Local": Workplace Representation in a World of Global Labor and Product Market Competition |
| Smita Narula (September 29, 2008) EQUAL BY LAW, UNEQUAL BY CASTE: THE “UNTOUCHABLE” CONDITION IN CRITICAL RACE PERSPECTIVE |
| Caren Myers Morrison (September 23, 2008) Privacy, Accountability, and the Cooperating Defendant: Towards a New Role for Internet Access to Court Records |
| Simon Chesterman (September 12, 2008) THE GLOBALISATION OF LEGAL EDUCATION |
| Rachel E. Barkow (September 5, 2008) THE COURT OF LIFE AND DEATH: THE TWO TRACKS OF CONSTITUTIONAL SENTENCING LAW AND THE CASE FOR UNIFORMITY |
| Simon Chesterman (July 30, 2008) Leashing the Dogs of War: The Rise of Private Military and Security Companies |
| Simon Chesterman (July 30, 2008) 'We Can't Spy... If We Can't Buy!': The Privatization of Intelligence and the Limits of Outsourcing 'Inherently Governmental Functions' |
| Simon Chesterman (July 30, 2008) Does ASEAN Exist? The Association of Southeast Asian Nations as an International Legal Person |
| Simon Chesterman (July 30, 2008) The Turn to Ethics: Disinvestment from Multinational Corporations for Human Rights Violations - The Case of Norway's Sovereign Wealth Fund |
| Catherine M. Sharkey (July 29, 2008) What Riegel Portends for FDA Preemption of State Law Products Liability Claims |
| Cristina M. Rodriguez (July 28, 2008) Against Individualized Consideration |
| Cristina M. Rodriguez (July 28, 2008) Latinos and Immigrants |
| Cristina M. Rodriguez (July 28, 2008) The Significance of the Local in Immigration Regulation |
| Cristina M. Rodriguez (July 28, 2008) Guest Workers and Integration: Toward a Theory of What Immigrants and Americans Owe One Another |
| Cristina M. Rodriguez (July 28, 2008) From Litigation, Legislation (a Review of Brian Landsberg's "Free at Last to Vote") |
| Cristina M. Rodriguez (July 28, 2008) The Citizenship Paradox in a Transnational Age (a review of Hiroshi Motomura's "Americans in Waiting") |
| Simon Chesterman (May 20, 2008) I Spy |
| Miriam H. Baer (May 15, 2008) Corporate Policing and Corporate Governance: What Can We Learn From Hewlett-Packard’s Pretexting Scandal? |
| Kevin E. Davis and Michael Trebilcock (May 12, 2008) The Relationship between Law and Development: Optimists Versus Skeptics |
| Mario J. Rizzo and Douglas G. Whitman (April 16, 2008) Little Brother is Watching You: New Paternalism on the Slippery Slopes |
| Simon Chesterman (April 11, 2008) An International Rule of Law? |
| Rachel E. Barkow (April 1, 2008) Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law |
| Nancy Morawetz (March 31, 2008) Rethinking Drug Inadmissibility |
| Amy M. Adler (March 10, 2008) All Porn All the Time |
| Mark Geistfeld (February 4, 2008) Punitive Damages, Retribution, and Due Process |
| Samuel Estreicher (January 30, 2008) The Non-Preferment Principle and the 'Racial Tiebreaker' Cases |
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PAPERS FROM 2007
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| Samuel Estreicher and Kristina Yost (December 27, 2007) Measuring the Value of Class and Collective Action Employment Settlements: A Preliminary Assessment |
| Natasha Balendra (December 20, 2007) Defining Armed Conflict |
| Diane L. Zimmerman (November 15, 2007) Living Without Copyright in a Digital World |
| Nancy Morawetz (October 25, 2007) Citizenship and the Courts |
| Eleanor M. Fox (August 1, 2007) An Anti-Monopoly Law for China – Scaling the Walls of Protectionist Government Restraints |
| Eleanor M. Fox (July 31, 2007) Economic Development, Poverty, and Antitrust: The Other Path |
| Anna Harvey and Barry Friedman (July 26, 2007) Pulling Punches: Congressional Constraints on the Supreme Court’s Constitutional Rulings, 1987–2000 |
| Simon Chesterman and Chia Lehnardt (July 20, 2007) From Mercenaries to Market: The Rise and Regulation of Private Military Companies (Introduction) |
| Jonathan R. Nash and Richard Revesz (June 5, 2007) Grandfathering and Environmental Regulation: The Law and Economics of New Source Review |
| Christian Iaione (May 6, 2007) Local self-government, local public entrepreneurship and judicial intervention. The aftermath of global competition among local governments? |
| Miriam H. Baer (April 26, 2007) Insuring Corporate Crime |
| Nicola Lucchi (March 13, 2007) Countering the Unfair Play of DRM Technologies |
| Jessie Allen (March 1, 2007) A Theory of Adjudication: Law as Magic |
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PAPERS FROM 2006
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| Jean-Pierre Benoit and Lewis A. Kornhauser (December 28, 2006) Only a Dictatorship is Efficient or Neutral |
| Harry First and Andrew I. Gavil (December 18, 2006) Re-Framing Windows: The Durable Meaning of the Microsoft Antitrust Litigation |
| Mattias Kumm (December 15, 2006) Constitutional Democracy Encounters International Law: Terms of Engagement |
| Mattias Kumm (December 15, 2006) What Do You Have in Virtue of Having a Constitutional Right? On the Place and Limits of the Proportionality Requirement |
| Mark Geistfeld (November 30, 2006) The Doctrinal Unity of Alternative Liability and Market-Share Liability |
| Christine A. Bateup (November 29, 2006) Expanding the Conversation: American and Canadian Experiences of Constitutional Dialogue in Comparative Perspective |
| Margaret L. Satterthwaite (November 20, 2006) Rendered Meaningless: Extraordinary Rendition and the Rule of Law |
| Cristina M. Rodriguez (November 15, 2006) Language Diversity in the Workplace |
| Jeffrey R. Lax and Charles M. Cameron (October 9, 2006) Bargaining and Opinion Assignment on the U.S. Supreme Court |
| Harry First (October 1, 2006) Microsoft and the Evolution of the Intellectual Property Concept |
| Sam Issacharoff (October 1, 2006) Fragile Democracies |
| Sam Issacharoff (September 28, 2006) Settled Expectations in a World of Unsettled Law: Choice of Law after the Class Action Fairness Act |
| Daniel Hulsebosch (September 7, 2006) A DISCRETE AND COSMOPOLITAN MINORITY: THE LOYALISTS, THE ATLANTIC WORLD, AND THE ORIGINS OF JUDICIAL REVIEW |
| Nancy Morawetz (August 22, 2006) The Invisible Border: Restrictions on Short-Term Travel for Noncitizens |
| Jacob Jacoby (August 15, 2006) Judicial Opinions as "Minefields of Misinformation": Antecedents, Consequences and Remedies |
| Jonathan Todres (August 1, 2006) The Importance of Realizing 'Other Rights' to Prevent Sex Trafficking |
| Samuel Issacharoff and Catherine M. Sharkey (August 1, 2006) Backdoor Federalization |
| Samuel Issacharoff (August 1, 2006) Getting Beyond Kansas |
| David Livshiz (July 19, 2006) Updating American Administrative Law: WTO, International Standards, Domestic Implementation and Public Participation |
| Cynthia Estlund (July 15, 2006) Between Rights and Contract: Arbitration Agreements and Non-Compete Covenants as a Hybrid Form of Employment Law |
| Richard H. Pildes (July 14, 2006) The Constitution and Political Competition |
| Richard H. Pildes (July 14, 2006) The Future of Voting Rights Policy: From Anti-Discrimination to the Right to Vote |
| Rachel E. Barkow (July 12, 2006) Originalists, Politics, and Criminal Law on the Rehnquist Court |
| Daryl J. Levinson and Richard H. Pildes (July 12, 2006) Separation of Parties, Not Powers |
| Peter S. Prows (July 10, 2006) Tough Love: The Dramatic Birth and Looming Demise of UNCLOS Property Law |
| Rachel E. Barkow and Kathleen M. O'Neill (June 23, 2006) Delegating Punitive Power: The Political Economy of Sentencing Commission and Guideline Formation |
| Kim Barry (June 15, 2006) Home and Away: The Construction of Citizenship in an Emigration Context |
| John A. Ferejohn and Barry Friedman (April 20, 2006) Toward a Political Theory of Constitutional Default Rules |
| Barry Friedman (April 1, 2006) Taking Law Seriously |
| Cesare P.R. Romano (March 24, 2006) From the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent |
| Linda J. Silberman (February 1, 2006) Interpreting the Hague Abduction Convention: In Search of a Global Jurisprudence |
| Amy M. Adler (January 1, 2006) Girls! Girls! Girls!: The Supreme Court Confronts the G-String |
| David Zaring (January 1, 2006) Informal Procedure, Hard and Soft, in International Administration |
| Barry Friedman (January 1, 2006) The Politics of Judicial Review |
| Miguel Gonzalez Marcos (January 1, 2006) Comparative Law at the Service of Democracy: A Reading of Arosemena's Constitutional Studies of the Latin American Governments |
| Richard B. Stewart (January 1, 2006) U.S. Administrative Law: A Model for Global Administrative Law? |
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PAPERS FROM 2005
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| Christine A. Bateup (November 1, 2005) The Dialogic Promise: Assessing the Normative Potential of Theories of Constitutional Dialogue |
| Oscar Chase (November 1, 2005) Law, Culture, and Ritual: Disputing Systems in Cultural Context |
| Benedict Kingsbury, Nico Krisch, and Richard B. Stewart (October 1, 2005) The Emergence of Global Administrative Law |
| Rachel E. Barkow (September 7, 2005) Separation of Powers and the Criminal Law |
| Cristina M. Rodriguez (August 1, 2005) Language and Participation |
| Benedict W. Kingsbury (April 4, 2005) The International Legal Order |
| Youngjae Lee (March 15, 2005) The Constitutional Right Against Excessive Punishment |
| Rebecca Hollander-Blumoff and Matthew T. Bodie (March 4, 2005) THE EFFECTS OF JURY IGNORANCE ABOUT DAMAGE CAPS: THE CASE OF THE 1991 CIVIL RIGHTS ACT |
| Youngjae Lee (March 1, 2005) Law, Politics, and Impeachment: The Impeachment of Roh Moo-hyun from a Comparative Constitutional Perspective |
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PAPERS FROM 2004
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| Barry Friedman (December 6, 2004) The Cycles of Constitutional Theory |
| Richard H. Pildes (October 21, 2004) The Constitutionalization of Democratic Politics - The Supreme Court, 2003 Term |
