Faculty Scholarship

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Submissions from 1999

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Then Technological Family: What's New and What's Not, Marsha Garrison

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Buckley v. Valeo: A Landmark of Political Freedom, Joel Gora

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Finley, Forbes and the First Amendment: Does He Who Pays the Piper Call the Tune?, Joel Gora

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The Case for a European Securities Commission, Roberta S. Karmel

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Engaging with the State about Domestic Violence: Continuing Dilemmas and Gender Equality, Elizabeth M. Schneider

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Gender Bias, Cognition and Power in the Legal Academy, Elizabeth M. Schneider

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Markets and Women's International Human Rights, Elizabeth M. Schneider

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Can the Legal System Use Experts on Meaning?, Lawrence Solan

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Refocusing the Burden of Proof in Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan

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The Second Revolution in Informed Consent: Comparing Physicians to Each Other, Aaron Twerski and N. B. Cohen

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Product Design Liability in Oregon and the New Restatement, Aaron Twerski and J. A. Henderson

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What Europe, Japan and Other Countries Can Learn from the New American Restatement of Products Liability, Aaron Twerski and J. A. Henderson

Submissions from 1998

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Privacy Online, Nick Allard

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An Old Jurisprudence: Respect in Retrospect, Anita Bernstein

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Charting No Man's Land: Applying Jurisdictional and Choice of Law Doctrine to Interstate Compacts, Dana Brakman Reiser

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What If There is No Client?: Prosecutors as "Counselors" of Crime Victims, Stacy Caplow

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Harmonizing the Law Governing Secured Credit: The Next Frontier, Neil B. Cohen

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Linguistics and the Composition of Legal Documents: Border Crossing, Elizabeth Fajans and Mary R. Falk

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The Role of Corporate Law in the Adaptation of French Enterprise, James Fanto

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Comparative Investor Education, James A. Fanto

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Investor Education, Securities Disclosure, and the Creation and Enforcement of Corporate Governance and Firm Norms, James A. Fanto

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The Role of Corporate Law in French Corporate Governance, James A. Fanto

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The Role of Corporate Law in French Corporate Governance (reprinted in The Legal Basis of Corporate Governance in Publicly-held Corporations: A Comparative Approach (A.R. Pinto & G. Visentini eds. 1998)), James A. Fanto

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We're All Capitalist Now: The Importance, Nature, Provision and Regulation of Investor Education, James A. Fanto

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Enforcing Judgments Abroad: The Global Challenge: Introduction, Maryellen Fullerton

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Autonomy or Community? An Evaluation of Two Models of Parental Obligation, Marsha Garrison

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"Toward a Contractarian Account of Family Governance", Marsha Garrison

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The Ban on Welfare for Felony Drug Offenders: Giving a New Meaning to 'Life Sentence', Cynthia Godsoe

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The Pentagon Papers Case and the Path Not Taken: A Personal Memoir on the First Amendment and the Separation of Powers, Joel Gora

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Slashing and Burning Prisoners' Rights: Congress and the Supreme Court in Dialogue, Susan Herman

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Brandeis, Progressivism, and Commercial Law: Rethinking Benedict v. Ratner, Edward J. Janger

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Predicting When The Uniform Law Process Will Fall: Article 9, Capture and the Race to the Bottom, Edward J. Janger

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Creating Law at the Securities and Exchange Commission: The Lawyer as Prosecutor, Roberta S. Karmel

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Outsider Trading on Confidential Information: A Breech in Search of a Duty, Roberta S. Karmel

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The Challenge to Financial Regulators Posed by Social Security Privatization, Roberta S. Karmel

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Transcript of the Roundtable on Insider Trading: Law, Policy and Theory after O'Hagan, Roberta S. Karmel

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Creating True Believers: Putting Macro Theory into Practice, Minna J. Kotkin

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The Plausibility of Legally Protecting Reasonable Expectations, Bailey Kuklin

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Feminist Legal Theory, Feminist Lawmaking, and the Legal Profession, Elizabeth M. Schneider and Cynthia Grant

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Law, Language and Lenity, Lawrence Solan

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An Essay on Uncertainty and Fact-Finding in Civil Litigation, with Special Reference to Contract Cases, Alex Stein

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Achieving Consensus on Defective Product Design, Aaron Twerski and J. A. Henderson

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The Politics of the Products Liability Restatement, Aaron Twerski and J. A. Henderson

Submissions from 1997

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Law and Order in Cyberspace, Nick Allard and David A. Kass

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Democracy, Distrust and the Public Trust: Process-Based Constitutional Theory, the Public Trust Doctrine and the Search for a Substantive Environmental Value, William D. Araiza

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Formed by Thalidomide: Mass Torts as a False Cure for Toxic Exposure, Anita Bernstein

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How to Make a New Tort: Three Paradoxes, Anita Bernstein

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Treating Sexual Harassment with Respect, Anita Bernstein

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Public Choice Theory: A Unifying Framework for Judicial Activism, Dana Brakman Reiser

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The Supreme Court, 1996 Term: Leading Cases, Dana Brakman Reiser

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Recoverability of the Cost of Borrowing in Construction Contracts, Heidi K. Brown

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Double Talk and Twisted Thought: Reflections on Incoherence, Elizabeth Fajans

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Campaign Finance Reform: Still Searching Today for a Better Way, Joel Gora

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The First Amendment in the Supreme Court: The Future Lies Ahead, Joel Gora

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Commentary [Symposium: Politicians on Judges: Fair Criticism or Intimidation], Susan Herman

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Strategies for Preserving the Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger

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My Summer Vacation: Reflections on Becoming a Critical Lawyer and Teacher, Minna J. Kotkin

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Continuing Classroom Conversation Beyond the Well-Placed "Whys?", Bailey Kuklin and Jeffery J. Stemple

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A Postscript on VMI, Elizabeth M. Schneider

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Two Decades of Intermediate Scrutiny: Evaluating Equal Protection for Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, and Ann Shalleck

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Learning Our Limits: The Decline of Textualism in Statutory Cases, Lawrence Solan

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Liability for Uncertainty: Making Evidential Damage Actionable, Alex Stein and Ariel Porat

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Inside the Restatement, Aaron Twerski

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Arriving at Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski and J. A. Henderson

Submissions from 1996

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Copyright: From Stone Age Caves to the Celestial Jukebox, Nick Allard

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Text, Purpose and Facts: the Relationship Between CERCLA Sections 107 and 113, William D. Araiza

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A Feminist Revisit to the First-Year Curriculum, Anita Bernstein

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Better Living Through Crime and Tort, Anita Bernstein

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"Weightier Than a Mountain": Duty, Hierarchy, and the Consumer in Japan, Anita Bernstein and Paul Fleming

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A Year in Practice: The Journal of a Reflective Clinician, Stacy Caplow

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From Courtroom to Classroom: Creating an Academic Component to Enhance the Skills and Values Learned in a Student Judicial Clerkship Clinic, Stacy Caplow

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Images of Law School and Law Teaching in An Imperfect Spy, Stacy Caplow and Spencer W. Waller

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Credit Enhancement in Domestic Transactions: Conceptualizing the Devices and Reinventing the Law, Neil B. Cohen

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The Absence of Cross-Cultural Communication: SEC Mandatory Disclosure and Foreign Corporate Governance, James A. Fanto

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Human Rights Monitoring in Germany: A Rejoinder, Maryellen Fullerton

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Hungary, Refugees. and the Law of Return, Maryellen Fullerton

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How Do Judges Decide Divorce Cases?: An Empirical Analysis of Discretionary Decision Making, Marsha Garrison

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Parents' Rights vs. Childrens' Interest: The Case of the Foster Child, Marsha Garrison

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Succeeding in Law School: A Comparison of Woman's Experience at Brooklyn Law School and the University of Pennsylvania, Marsha Garrison, Brian Tomko, and Ivan Yip

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A Championship Season for the First Amendment, Joel Gora

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The Violence Against Women Act Project: Teaching a New Generation of Public Interest Lawyers, Minna J. Kotkin

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How We got Where We Are: The Lessons of History, David Reiss

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Introduction: The Promise of the Violence Against Women Act of 1994, Elizabeth M. Schneider

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Resistance to Equality, Elizabeth M. Schneider

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The Civil Rights Remedy of the Violence Against Women Act: Legislative History, Policy Implications & Litigation Strategy, Elizabeth M. Schneider

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Allocating the Burden of Proof in Sales Litigation, Alex Stein

Submissions from 1995

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How Can a Product be Liable?, Anita Bernstein

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The Transformation of French Corporate Governance and United States Institutional Investors, James Fanto

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Justice Blackmun and Securities Arbitration: McMahon Revisited, James A. Fanto

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Reconstructing the Bill of Rights: A Reply to Amar and Marcus's Triple Play on Double Jeopardy, Susan Herman

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The FDIC's Fraudulent Conveyance Power under the Crime Control Act of 1990: Bank Insolvency Law and the Politics of the Iron Triangle, Edward J. Janger

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Supreme Court Roundtable: Fogerty v. Fantasy, Inc. and Campbell v. Acuff-Rose Music, Inc., Beryl R. Jones-Woodin

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The Identity Crisis: A Vision of the Right of Publicity in the Year 2020 [Symposium, moderator], Beryl R. Jones-Woodin

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Is the Shingle Theory Dead?, Roberta S. Karmel

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Professionalism, Gender and the Public Interest: The Advocacy of Protection, Minna J. Kotkin

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Epilogue: Making Reconceptualization of Violence Against Women Real, Elizabeth M. Schneider

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Feminism and the False Dichotomy of Victimization and Agency, Elizabeth M. Schneider

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Judicial Decisions and Linguistic Analysis: Is There a Linguist in the Court?, Lawrence Solan

Submissions from 1994

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Must Carry and the Courts: Bleak House, the Sequel, Nick Allard

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Reinventing Competition, Nick Allard