Content Posted in 2017
1 (Wortman) + 1 (Ferens)=6 (Years): That Can't Be Right - Can It? Statutes of Limitations and Supreme Court Inconsistency, David E. Seidelson
A Balancing Act for American Universities: Anti-Harassment Policy v. Freedom of Speech, Bridget Hart
ABORTION RIGHTS: Of Buffer Zones and Broken Bones: Balancing Access to Abortion and Anti-Abortion Protestors' First Amendment Rights in Schenck v. Pro-Choice Network, Deborah A. Ellis and Yolanda S. Wu
ABORTION RIGHTS: Of Buffer Zones and Broken Bones: Balancing Access to Abortion and Anti-Abortion Protestors' First Amendment Rights in Schenck v. Pro-Choice Network, Deborah A. Ellis and Yolanda S. Wu
Above the Fray or Into the Breach: The Judge's Role in New York's Adversarial System of Criminal Justice, Martin Marcus
A Brave New World: Complying with the Europeaqn Union Directive on Personal Privacy Through the Power of Control, Michael W. Heydrich
Abstract Payment Undertakings in International Transactions, Roy Goode
Abuse of the Hatch-Waxman Act: Mylan's Ability to Monopolize Reflects Weaknesses, Kieran Meagher
A Canadian Perspective, Louise Lussier
Accountability in Corporate Governance in China and The Impact of Guanxi as A Double-Edged Sword, Andrew Keay and Jingchen Zhao
Achieving Consensus on Defective Product Design, Aaron Twerski and J. A. Henderson
A Comment on Judge Selya's Arbitration Unbound?: The Legacy of McMahon, Stephen J. Friedman
A Comparison of the Yugoslavian and Rwandan War Crimes Tribunals: Universal Jurisdiction and the "Elementary Dictates of Humanity", Mark R. von Sternberg
A Consideration of Selected Issues Relating to United States Taxation of International Transfers of Information and Other Intellectual Property, Karen B. Brown
Acquisition of Corporate Control By Numerous Privately Negotiated Transactions: A Proposal for the Resolution of Street Sweeps, Yedidia Z. Stern
A Critique of the Uniform Product Liability Law -- A Rush to Judgment, Aaron Twerski and A. S. Weinstein
A Double Standard: The United States' Plea for Per Se Illegality of the Japanese Keiretsu, Suzanna C. Miller
A Double Standard: The United States' Plea for Per Se Illegality of the Japanese Keiretsu, Suzanna C. Miller
A Few Little Issues for the Hague Judgements Negotiations, Patrick J. Borchers
African Women in France: Immigration, Family and Work, Judy Scales-Trent
After Seattle: Is There a Future for Trade and Competition Policy Rule-Making?, Mark A. A. Warner
Afterword, Gary Minda
Afterword: How Can We Save the Safety Net?, Frank Munger
A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory, Francis J. Mootz III
Agency as a Means of Obtaining Jurisdiction in New York Over Foreign Corporations: A Failed Theory, Michael G. Albano
A Golden Opportunity: Supporting Up-and-Coming U.S. Luxury Designers Through Design Legislation, Shieva Salehnia
A "Greening" of the World Trade Organization? A Case Comment on the Asbestos Report, Julie H. Paltro
A Hague Judgements Convention?, Friedrich K. Juenger
AIDSphobia and the "Window of Anxiety": Enlightened Reasoning or Concession to Irrational Fear?, Ivan Yip
A Landmark Decision Turns Forty: A Conversation on Buckley v. Valeo, Ira Glasser, Nicholas W. Allard, and James L. Buckley
A Lessor's Objection to Assignment of the Lease By the Lessee: Israeli Law in the Light of the Common Law, Shalom Lerner
A Liberal Challenge to Behavioral Economics: The Case of Probability, Alex Stein
Allocating the Burden of Proof in Sales Litigation, Alex Stein
All's Not Fair in Art and War: A Look at the Fair Use Defense After Rogers v. Koons, Willajeanne F. McLean
Ambiguity Aversion and the Criminal Process, Alex Stein and Uzi Segal
An American Bank in the Palestinian Authority, Amir H. Khoury
An Appropriate(d) Place in Transformative Value: Appropriation Art's Exclusion from Campbell v. Acuff-Rose Music, Inc., Roxana Badin
An "Effective Death Penalty"? AEDPA and Error Detection in Capital Cases, James S. Liebman
A Neo-Institutional Analysis of Vertical Integration and Its Implications for Antitrust Enforcement in Developing Countries, Ignacio de Leon
An Essay on Uncertainty and Fact-Finding in Civil Litigation, with Special Reference to Contract Cases, Alex Stein
A New York State of Mind: Reconciling Legislative Incrementalism with Sexual Orientation Jurisprudence, Ryan E. Mensing
A New York State of Mind: Reconciling Legislative Incrementalism with Sexual Orientation Jurisprudence, Ryan E. Mensing
An Exception to the Derivative Rule: Allowing Mutual Fund Investors to Bring Suits Directly, Jamie D. Kurtz
An Introduction to the European Economic Community and Intellectual Properties, Beryl R. Jones
A Possible Remedy for Unthinking Discrimination, Jessie Allen
Appendix: The European Union Convention on Insolvency Proceedings, Journal Staff
Application of Israeli Law to the Golan Heights Is Annexation, Asher Maoz
Application of Israeli Law to the Golan Heights Is Not Annexation, Leon Sheleff
A Proposal For a New Competition Policy in Latin America, Ignacio De Leon
A Proposed Regime for Copyright Protection on the Internet, Barbara Cohen
A Proposed Revision of Section 402A of the Restatement (Second) of Torts, Aaron Twerski and J. A. Henderson
Arbitrating, Waiving and Deferring Title VII Claims, Stephen A. Plass
ARBITRATION: Judge-Made Law and The Presumption of Arbitrability: David L. Threlkeld & Co. v. Metallgesellschaft Ltd., Jonathan R. Nelson
ARBITRATION: Judicial Review of Arbitration Awards: Manifest Disregard of the Law, Norman S. Poser
Arbitration Unbound?: The Legacy of McMahon, Bruce M. Selya
A Remedy for Abortion Seekers Under the Invasion of Privacy Tort, Rachel L. Braunstein
Are Online Consultations a Prescription for Trouble? The Uncharted Waters of Cybermedecine, Kelly K. Gelein
Are People Probabilistically Challenged?, Alex Stein
A Return to Jurisdictional Due Process: The Case for the Vanishing Defendant, Aaron Twerski
Arriving at Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski and J. A. Henderson
Asbestos Litigation Gone Mad: Exposure-Based Recovery for Increased Risk, Mental Distress, and Medical Monitoring, Aaron Twerski and J. A. Henderson
A Second Look at Clearing Firm Liability, Daphna Abrams
A Sheep in Wolf's Clothing: Territorialism in the Guise of Interest Analysis in Cooney v. Osgood Machinery, Inc, Aaron D. Twerski
A Sheep in Wolf's Clothing: Territorialism in the Guise of Interest Analysis in Cooney v. Osgood Machinery, Inc, Aaron Twerski
Aspirations and Reality in the Law and Politics of Health Care Reform: Examining A Symposium on (E)qual(ity) Care for the Poor, Ann C. McGinley
A Statutory Solution to the Mischiefs of Markman v. Westview Instruments, Inc., Louis S. Silvestri
Asylum Crisis Italian Style: The Dublin Regulation Collides with European Human Rights Law, Maryellen Fullerton
Attempt, Merger, and Transferred Intent, Nancy Ehrenreich
: At the Crossroads of Copyright and Filtering Technology, Brian R. Fitzgerald
Attorney General v. X: A Lost Opportunity to Examine the Limits of European Integration, Patrick Fitzmaurice
Auctioning for Loyalty: Selection and Monitoring of Class Counsel, Alex Stein and Alon Harel
A United Kingdom Perspective on the Proposed Hague Judgements Convention, Paul R. Beaumont
Author's Welfare: Copyright as a Statutory Mechanism for Redistributing Rights, Tom W. Bell
Ayeni v. Mottola and the Implications of Characterizing Videotaping as a Fourth Amendment Seizure, Antonio Yanez Jr.
Back Matter, Journal Staff
Back Matter, Journal Staff
Back Matter, Journal Staff
Baker and Some Recipes for Disaster: On DOMA, Covenant Marriages, and Full Faith and Credit Jurisprudence, Mark Strasser
Balancing International Trade with Environmental Protection: International Legal Aspects of Eco-Labels, Surya P. Subedi
Balancing Reputation and Foreign Investment Incentives: Ireland's Second Attempt at Combating the Abuse of Irish Registered Non-Resident Companies, Jennifer A. McHugh
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Beggin and the First Amendment: Young v. New York City Transit Authority, Paul G. Chevigny
Between the Hash Marks: The Absolute Power the NFL’s Collective Bargaining Agreement Grants Its Commissioner, Eric L. Einhorn
Beyond Cloning: Expanding Reproductive Options for Same-Sex Couples, David Orentlicher
BIBLIOGRAPHY: Labor Law and Industrial Relations in Central and Eastern Europe, 1989-1999: A Select Annotated Bibliography, Maria Okonska
Bibliography of Selected Securities Arbitration Resources, Journal Staff
BIBLIOGRAPHY: Overview of United Nations Materials Available at Brooklyn Law School Library (United Nations Overview), Jean M. Jablonski and Debra A. Kellman
“Big Brother” in the Private Sector: Privacy Threats Under the FAA’s New Civilian Drone Regulations, Sean M. Nolan
Black Women and Gender Equality in a New South Africa: Human Rights Law and the Intersection of Race and Gender, Celina Romany
Blondin v. Dubois: A Closer Step to Safeguarding the Welfare of Abducted Children?, Peter Glass
Blueprint for International Tax Reform, David F. Bradford
Book Review, Roberta S. Karmel
BOOK REVIEW: A Democratic Society's Response to Juvenile Crime: AMERICAN YOUTH VIOLENCE by Franklin E. Zimring, Hon. Michael A. Corriero
BOOK REVIEW: HIV Orphans: Protecting the Most Vulnerable (A Death in the Family: Orphans of the HIV Epidemic), Abigail English
BOOK REVIEW: International Securities Regulation: London's "Big Bang" and the European Securities Markets by Norman S. Poser, John J. Slain
BOOK REVIEW: Kill All the Lawyers?: Shakespeare's Legal Appeal by Daniel J. Kornstein, Melvyn R. Leventhal
BOOK REVIEW: Mario Marques Mendes, Antitrust in a World of Interrelated Economies, Spencer Weber Waller
BOOK REVIEW: Mommy Has a Blue Wheelchair: Recognizing the Parental Rights of Individuals with Disabilities(A Mother's Touch: The Tiffany Callo Story by Jay Mathews), Michael Ashley Stein
BOOK REVIEW: Posner's Overcoming Law: "Muddling Through" the Hard Cases., Peter Blum
BOOK REVIEW: Putting Humpty Dumpty Back Together Again: The Dilemmas of the Post-Colonial African State, Dr. Makau wa Mutua
BOOK REVIEW: The Tenth Justice (Learned Hand: the Man and the Judge by Gerald Gunther, James L. Oakes
BOOK REVIEW: The Tenth Justice (Learned Hand: the Man and the Judge by Gerald Gunther, James L. Oakes
BOOK REVIEW: Turning Right: The Making of the Rehnquist Supreme Court, William E. Hellerstein
BOOK REVIEW: Working for a Living: Which Side Are You On? - Trying To Be For Labor When It's Flat On Its Back by Thomas Geoghegan, David L. Gregory
Bootstrapping and Slouching Toward Gomorrah: Arbitral Infatuation and the Decline of Consent, Jeffrey W. Stempel
Breaking Bad Briefs, Heidi K. Brown
Breaking Energy Path Dependencies, Amy L. Stein
Breaking the Barriers of Access to Health Care: A Discussion of the Role of Civil Rights Litigation and the Relationship Between Burdens of Proof and the Experience of Denial, Marianne L. Engelman Lado
Breaking Up is Hard to Do: A Look at Brazen v. Bell Atlantic and the Controversy over Termination Fees in Mergers and Acquisitions, Jonathan T. Wachtel
Bringing Beijing Home, Rhonda Copelon
British and U.S. Hate Speech Legislation: A Comparison, Nathan Courtney
Building on Ed Sparer's Legacy: Redefining Legal Advocacy for Low-Income People, Jim Williams
Burning the Library to Roast the Pig? Online Pornography and Internet Filtering in the Free Public Library, J. Adam Skaggs
Bystander Emotional Distress: Missing an Opportunity to Strengthen the Ties that Bind, Thomas T. Uhl
Canadian Perspectives on Transborder Insolvencies, Jacob S. Ziegel
Can Consumer-Choice Plans Satisfy Patients? Problems with Theory and Practice in Health Insurance Contracts, Wendy K. Mariner
Can Federal Agencies Authorize Private Suits Under Section 1983? A Theoretical Approach, Brian D. Galle
Can My Daddy Hug Me? Deciding Whether Visiting Dad in a Prison Facility is in the Best Interest of the Child, Rachel Sims
Cannibal Cop Out: The Computer Fraud and Abuse Act, Lenity, Quasi-Strict Liability, Draconian Punishment and a Surgical Solution, Charles S. Wood
Carron v. McMahon: The Widening Scope of the Political Offense Exception to Extradition, Pamela Loughman
Caseload Growth: Struggling to Keep Pace, Thomas J. Meskill
Catalogs, Alex Stein and Gideon Parchomovsky
Causation, Mental Models, and the Law, P.N. Johnson-Laird
Cellphones and the Fourth Amendment: Why Cellphone Users Have a Reasonable Expectation of Privacy in their Location Information, Paul Cividanes
Challenging Nonbank SIFI Designations: GE, Metlife, and the Need for Reform, Drita Dokic
Chandler v. Miller: Drug Testing Candidates for State Office Under the "Special Needs" Exemption, Eric B. Post
Changing the Subject: Cognitive Theory and the Teaching of Law, Jeremy Paul
Changing View of Intellectual Property and Competition Law in the European Community and the United States of America, Spencer Weber Waller and Noel J. Byrne
Chasing the Illusory Pot of Gold at the End of the Rainbow: Negligence and Strict Liability in Design Defect Litigation, Aaron D. Twerski
“Chi S’Aiuta, Dio L’Aiuta”: Balancing Italy’s Right to Utilize Assisted Reproductive Technologies with the Teachings of the Catholic Church, Erin A. McMullan
Choice of Avoidance Law in Global Insolvencies, Jay Lawrence Westbrook
Choice of Law and Software Licenses: A Framework for Discussions, Kathleen Patchel
Choice of Law and the Right of Publicity: Domicile as an Essential First Step, Melinda R. Eades
Choice of Law in Contracts: Some Thoughts on the Weintraub Approach, Aaron Twerski
Choosing Punishment, Miriam H. Baer
Civil Justice Reform and Prospects for Change, Karen O'Connor
CIVIL RIGHTS: Overqualified, Unqualified or Just Right: Thinking About Age Discrimination and Taggart v. Time, Julia Lamber
CIVIL RIGHTS: Sex Discrimination: Continuing Clarifications by the Second Circuit, David L. Gregory
Claims and Priorities in Ancillary Proceedings Under Section 304, Daniel M. Glosband and Christopher T. Katucki
Clicks and Tricks: How Computer Hackers Avoid 10b-5 Liability, Ryan H. Gilinson
Climate Change and Legitimate Governance: Land Use and Transportation Law and Policy in California, Thomas D. Beamish, Ryken Grattet, and Debbie Niemeier
Closed Borders, Closed Ports: The Plight of Haitians Seeking Political Asylum in the United States, Janice D. Villiers
Closing the American Products Liability Frontier: The Rejection of Liability Without Defect, Aaron Twerski and J. A. Henderson
Co-Existence Without Conflict: The Implementation of Legal Structures for Israeli-Palestinian Cooperation Pursuant to the Interim Peace Agreements, Justus Reid Weiner
Cognitive Foundations of The Impulse to Blame, Lawrence M. Solan
Coming to Grips with Scientific Research in Daubert' "Brave New World": The Courts' Need to Appreciate the Evidentiary Differences between Validity and Proficiency Studies, Edward J. Imwinkelried
COMMENT: Alison D. v. Virginia M: Neglecting the Best Interests of the Child in a Nontraditional Family, Kimberly P. Carr
COMMENT: An Argument for an Absolute Privilege for Letters to the Editor After Immuno AG b. Moor-Jankowski, Donna R. Euben
COMMENT: An Attempt to Pick Up the Fallen Bricks of the Wall Separating Church and State After Santa Fe v. Doe, Ross Schmierer
Commentary, Howard Sherman
Commentary, Alice Pezard
Commentary, Benjamin Lubinda Ngenda
COMMENTARY, Rosa Greeves
COMMENTARY, Alison Firth
COMMENTARY, Valentine Korah
COMMENTARY, Robert Z. Aliber
COMMENTARY, Robert E. Litan
Commentary, Morton Klevan
Commentary, Friedrich Kubler
Commentary, Ruth Goldman
Commentary, Jeffrey N. Gordon
Commentary, Gregory S. Alexander
Commentary, Margaret A. Bancroft
Commentary, G. Oliver Koppell
Commentary, Christopher J. Mega
COMMENTARY: A Civil Law Lawyer Looks at a Common Law Lawyer's Views on Civil Law: John Henry Merryman's "The Civil Law Tradition", Jacob Dolinger
Commentary, An Ode to Rejection, Aaron Twerski
COMMENTARY: Choice of Law and its Consequences: Constitutions for International Transactions, Paul B. Stephen
COMMENTARY: Comment on Universal Banking and Financial Stability, Geoffrey P. Miller
COMMENTARY: Copyright, Contract and Code: What Will Remain of the Public Domain, P. Bernt Hugenholtz
COMMENTARY: Issues at the Interface of International Trade and Intellectual Property, Wayne Herrington
Commentary: Lessons From the Past for the Genetic Future, Simon A. Cole
Commentary: Meeting the Financial Needs of Children, David L. Chambers
COMMENTARY: Principles of Investment Business - An Anglo-Australian Perspective, Paul Latimer
Commentary: The Dragon in the Cave, Gary Minda
COMMENTARY: The Emerging Law of the Digital Domain and the Contract/IP Interface: An Antipodean Perspective, Samuel K. Murumba
Commentary: The Epistemology of Corporate-Securities Lawyering: Beliefs, Biases and Organizational Behavior, Roger J. Dennis
COMMENTARY: The Prince of Darkness and the Shortness of Memory: Harold Rothwax's Guilty: The Collapse of Criminal Justice, William E. Hellerstein
Commentary: The Social Meaning of Shareholder Suits, Stanley M. Grossman
Commentary: The Social Meaning of Shareholder Suits, Robert H. Mundheim
Commentary: Toward a Theory of Fair Distribution, Herma Hill Kay
COMMENTARY: Trademarks in the European Communities From an American Perspective, Baila H. Celedonia
Commentary: Two Fallacies About DNA Data Banks for Law Enforcement, David H. Kaye
COMMENTARY: UCITA In the International Marketplace: Are We About to Export Bad Innovation Policy?, Rochelle Cooper Dreyfuss
COMMENT: DeLuca v. Merrell Dow Pharmaceuticals, Inc.: Statistical Significance and the Novel Scientific Technique, Constantine Kokkoris
COMMENT: Denver Area Telecommunications Consortium, Inc. v. FCC and the Public Forum Status of Cable Access Channels, Jonathan H. Beemer
COMMENT: Federal Maritime Commission v. South Carolina Ports Authority: Judicial Incursions into Executive Power, Gregory Wicker
COMMENT: Hope v. Perales: Abortion Rights Under the New York State Constitution, Kelley P. Swift
COMMENT: In the Matter of the Extradition of Atta: Limiting the Scope of the Political Offense Exception, Nancy M. Green
COMMENT: Iran Aircraft Industries v. Avco Corporation: Was a Violation of Due Process Due?, Cindy Silverstein
COMMENT: Itoba Ltd. V. Lep Group PLC: An Apple that Fell from the Wrong Branch, Mark B. Schwartz
COMMENT: Lujan v. Defenders of Wildlife: The Need for a Univorm Approach to Extraterritoriality, Michael J. Schwab
COMMENT: Lujan v. Defenders of Wildlife: The Need for a Univorm Approach to Extraterritoriality, Michael J. Schwab
COMMENT: People v. Jackson: Rosario Reductionism and Collateral Attacks, Michael Lumer
COMMENT: People v. Ryan: A Trap for the Unwary, Alun Griffiths
COMMENT: Regina v. Secretary of State for the Home Department ex parte Brind: Unconventional Intrusions on Freedom of Expression, Rafael Rafaelli III
COMMENT: R. Maganlal Company v. M.G. Chemical Company: A Minor Case with Major Issues - Convenience, Conflicts and Comity Reconsidered in the Context of Forum Non Conveniens, Stephanie Marie Foster
COMMENT: Sea Hunt, Inc. v. The Unidentified Shipwrecked Vessel or Vessels: How the Fourth Circuit Rocked the Boat, Kevin Berean
COMMENT: Self-Incrimination, Preclusion, Practical Effect and Prejudice to Plaintiffs: The Faulty Vision of SEC v. Graystone Nash, Inc., Christopher V. Blum
COMMENT: Shu-Hao Zhao v. Schiltgen: Persecution on Account of Political Opinion - Inconsistencies and Ambiguities, Allison D. Sealove
COMMENT: Siderman De Blake v. Republic of Argentia: Can FSIA Grant Immunity for Violations of Jus Cogens Norms?, Scott A. Richman
COMMENT: Siderman De Blake v. Republic of Argentia: Can FSIA Grant Immunity for Violations of Jus Cogens Norms?, Scott A. Richman
Comments on Lynn A. Stourt's \The Investor Confidence Game, Martin Mayer
COMMENT: The Erroneous Interpretation of the Foreign Compulsion Defense in the ADEA: Manoney v. RFE/RL, Inc., Randi Seltzer
COMMENT: The Tunney Act: Judicial Discretion in United States v. Microsoft Corporation, Natalie L. Krodel
COMMENT: United States v. Lopez-Vasquez: How Much Process is Due? Mass Deportation Hearings and Silence as a Waiver of the Right to Appeal, Frederic J. Giordano
COMMENT: Vernonia School District 47J v. Acton: A Further Erosion of the Fourth Amendment, Jennifer L. Malin
Comment: What About My Right to Privacy? Where the Court Went Wrong in Ferguson v. City of Charleston, Erin F. Barton
Common Sense and Conflict of Laws: A Welcome Change, Aaron Twerski
Comparative Bankruptcy Cultures: Rescue or Liquidiation? Comparison of Trends in National Law - England, Gabriel Moss
Comparative Investor Education, James A. Fanto
Comparative Perspectives on Statelessness and Persecution, Maryellen Fullerton
Comparing Medical Provider Performance: A First Look at the New Era of Medical Statistics, Aaron Twerski and Neil B. Cohen
Comparing Medical Providers: A First Look at the New Era of Medical Statistics, Aaron D. Twerski and Neil B. Cohen
Comparing Medical Providers: What Do Statistics Tell Us And How Should They Be Used?, Journal Staff
Comparison of Trends in National Law: The Pacific Rim, Ron W. Harmer
Comparitive Competition Law as a Form of Empiricism, Spencer Weber Waller
Compatibility and Competition Between European and American Corporate Governances: Which Model of Capitalism?, Gustavo Visentini
Compelled Affirmations, Free Speech, and the U.S. Military's Don't Ask, Don't Tell Policy, Tobias B. Wolff
Competing Interests: Anti-Piracy Efforts Triumph Under TRIPS But New Copying Technology Undermines the Success, JeanMarie LoVoi
Competition Policy and the Stimulation of Innovation: TRIPS and the Interface Between Competition and Patent Protection in the Pharmaceutical Industry, Shankar A. Singham
Competition Policy in Brazil and MERCOSUR: Aspects of the Recent Experience, Gesner Oliveira
Competition Policy in Transition Economies: The Role of Competition Advocacy, A. E. Rodrigeuz and Malcom B. Coate
Competitive Bidding in the Courthouse: In re Oracle Securities Litigation, Nanette L. Stasko
Compliance, Technology, and Modern Finance, Tom C.W. Lin
Compulsory Contraception as a Condition of Probation: The Use and Abuse of Norplant, Janet F. Ginzberg
Computer Associates International v. Altai, Inc.: Protecting the Structure of Computer Software in the Second Circuit, Andrew Itszwan
CONFLICT OF LAWS: The Foreign Sovereign Immunities Act: Whose Conflicts Law? Whose Local Law? Barkanic v. General Administration of Civil Aviation of the People's Republic of China, David E. Seidelson
Confronting the Two Faces of Corporate Fraud, Miriam H. Baer
CONSITUTIONAL LAW - Now It's Personal: Withdrawing the Fifth Amendment's Content-Based Protection for All Private Papers in United States v. Doe, Suzanne Rosenthal Brackley
CONSITUTIONAL LAW - Now It's Personal: Withdrawing the Fifth Amendment's Content-Based Protection for All Private Papers in United States v. Doe, Suzanne Rosenthal Brackley
CONSTITUTIONALAW: New York State Association of Realtors, Inc. v. Shaffer: When the Second Circuit Chooses Between Free Speech and Fair Housing, Who Wins?, David P. Kasakove
Constitutional Evidence Law, Alex Stein
Constitutional Law: The Meaning of Prompt Judicial Review under the Prior Restraint Doctrine after FW/PBS v. City of Dallas, J. David Guerrera
Constitutional Retroactivity in Criminal Procedure, Alex Stein and Dov Fox
Constitutional Separation of War Powers: Protecting Public and Private Liberty, David I. Lewittes
Constitutional Transformation in the ECtHR: Strasbourg’s Expansive Recourse to External Rules of International Law, Julian Arato
Constitutions as Counter-Curses: Revenue Allocation and the Resource Curse, Tom Brower
Constructing an International Financial Enforcement Subregime: The Implementation of Anti-Money-Laundering Policy, Bruce Zigaris and Sheila M. Castilla
Constructing an International Financial Enforcement Subregime: The Implementation of Anti-Money-Laundering Policy, Bruce Zigaris and Sheila M. Castilla
Consumer Expectations’ Last Hope: A Response to Professor Kysar, Aaron Twerski and J. A. Henderson
Contempt, Status and The Criminalization of Non-Conforming Girls, Cynthia Godsoe
Contract Theory and Securities Arbitration: Whither Consent?, Richard E. Speidel
Converse 1983 Suits in Which States Police Federal Agents: An Ideas Whose Time Has Arrived, Vikram David Amar
Cooney v. Osgood Machinery, Inc.: A Less Than Complete "Contribution", Linda J. Silberman
Cooperation's Cost, Miriam H. Baer
COPYRIGHT: American Geophysical Union v. Texaco, Inc.: Copyright and Corporate Photocopying, William Patry
Copyright in the European Communities: The Proposed Harmonization Measures, Dr. Silke von Lewinski
COPYRIGHT LAW: Copyright Protection of Computer Program Structure, Dennis S. Karjala
Corporate Policing and Corporate Governance: What Can We Learn from Hewlett-Packard's Pretexting Scandal, Miriam Baer
CORPORATE WORK PRODUCT: United States v. Adlman: Protection for Corporate Work Product?, Charles M. Yablon and Steven S. Sparling
Corporations as Lawmakers, Julian Arato
Corrupt Intentions: Bribery, Unlawful Gratuity, and Honest-Services Fraud, Alex Stein
Covenants for the Sword, Alice Ristroph
Credit Enhancement in Domestic Transactions: Conceptualizing the Devices and Reinventing the Law, Neil B. Cohen
Criminal Law in the Shadow of Violence, Alice Ristroph
CRIMINAL LAW: United States v. Gonzales: In Search of a Meaningful Proportionality Principle, Allyn G. Heald
CRIMINAL PROCEDURE: Pretextual Arrests: In United States v. Scopo the Second Circuit Raises the Price of a Traffic Ticket (Considerably), Laurie A. Buckenberger
CRIMINAL PROCEDURE: Property, Privacy and the Fourth Amendment, William C. Heffernan
CRIMINAL PROCEDURE: Property, Privacy and the Fourth Amendment, William C. Heffernan
Crisis Cartels and the Triumph of Inudstrial Policy Over Competition Law in Europe, Andre Fiebig
Crisis Cartels and the Triumph of Inudstrial Policy Over Competition Law in Europe, Andre Fiebig
Crossing the Contract-Tort Boundary: An Economic Argument for the Imposition of Extracompensatory Damages for Opportunistic Breach of Contract, Barry Perlstein
Cultural Lag and the International Law of Remote Sensing, Susan M. Jackson
Currency Issues in Multinational Business Reorganizations, Marc A. Berger
Dangerous Liaisons: Attorney-Client Privilege, the Crime-Fraud Exception, ABA Model Rule 1.6 and Post-September 11 Counter-Terrorist Measures, Geraldine Gauthier
Dashboard Compliance: Benefit, Threat, or Both?, James Fanto
Debate, The Right to Treatment: Encounter and Synthesis, Aaron Twerski
Deconstructing Reconstructive Poverty Law: Practice-Based Critique of the Storytelling Aspects of the Theoretics of Practice Movement, Cathy Lesser Mansfield
Defining “Fiduciary”: Aligning Obligations with Expectations, Ashley C. Vicere
Defining The Specter of Corruption: Austin v. Michigan State Chamber of Commerce, Miriam Cytryn
Delaware’s Ban on Fee-Shifting: A Failed Attempt to Protect Shareholders at the Expense of Officers and Directors of Public Corporations, Ryan S. Starstrom
Democratic Alternatives to Ethnic Conflict: Consociationalism and Neo-Separatism, Charles E. Ehrlich
Denying Certiorari in Bell v. Itawamba County School Board: A Missed Opportunity to Clarify Students’ First Amendment Rights in the Digital Age, Elizabeth A. Shaver
Deported by Marriage: Americans Forced to Choose Between Love and Country, Beth Caldwell
Desert, Democracy, and Sentencing Reform, Alice Ristroph
Dewey v. R.J. Reynolds Tobacco Co.: A Welcome Exercise of Restraint in Applying Preemption Doctrine to State Tort Actions, Sven Krogius
Dilution, Confusion, or Delusion? The Need For a Clear International Standard to Determine Trademark Dilution, William Marroletti
Dilution, Confusion, or Delusion? The Need For a Clear International Standard to Determine Trademark Dilution, William Marroletti
Discovery Along the Litigation/Science Interface, Richard L. Marcus
Disestablishing the Family, Alice Ristroph
Doctrinal Collapse in Products Liability: The Empty Shell of Failure to Warn, Aaron Twerski and J. A. Henderson
Does Clinton's Health Care Reform Proposal Ensure Equality of Health Care for Ethnic Americans and the Poor?, Vernellia R. Randall
Doherty v. Thornburgh - Deportable Aliens Detained and Deprived of Their Liberty: A Substantive Due Process Analysis, Michael H. Williams
Drawing Negative Inferences Upon a Claim of the Attorney-Client Privilege, Deborah Stavile Bartel
Drawing the Curtain on Open Government? In Defense of the Federal Advisory Committee Act, Carolyn Bingham Kello
Drug Design Liability: Farewell to Comment K, Aaron Twerski and James A. Henderson Jr.
Drug Designs are Different, Aaron Twerski and J. A. Henderson
Drug Policy Prioritiesi n the Wake of the June 1998 Drug Summit, Tally M. Weiner
Drug Policy Prioritiesi n the Wake of the June 1998 Drug Summit, Tally M. Weiner
Dualism and Doctrine, Alex Stein and Dov Fox
Due Process in a Privatized Welfare System, David J. Kennedy
Emotions in Juror's Decisions, Reid Hastie
Emotions, Risk Perceptions and Blaming in 9/11 Cases, Neal R. Feigenson
EMPLOYMENT DISCRIMINATION: Moving Beyond McDonnell Douglas: A Simplified Method for Assessing Evidence in Discrimination Cases, Denny Chin and Jodi Golinsky
Empowering States When It Matters: A different Approach to Preemption, Erwin Chemerinsky
Enforcing Judgements Abroad: Reflections on the Design of Recognition Conventions, Arthur T. von Mehren
Enforcing the Human Rights of Women: A Complaints Procedure for the Women's Convention?, Andrew Byrnes and Jane Connors
Enlightened Territorialism and Professor Cavers: The Pennsylvania Method, Aaron Twerski
Environmental Injustice and the Pursuit of a Post-Carbon World: The Unintended Consequences of the Clean Air Act as a Cautionary Tale for Solar Energy Development, Shannon Elizabeth Bell
ENVIRONMENTAL LAW: Title 5 of New York's Clean Water/Clean Air Bond Act Authorizes Risk Assessment to Clean Up Brownfields, Jonathan S. Karmel
ENVIRONMENTAL: What's the "Point" of the Clean Water Act Following United States v. Plaza Health Laboratories, Inc.?: The Second Circuit Acts as a Legislator Rather Than as a Court, Robin L. Greenwald
ENVIRONMENTAL: What's the "Point" of the Clean Water Act Following United States v. Plaza Health Laboratories, Inc.?: The Second Circuit Acts as a Legislator Rather Than as a Court, Robin L. Greenwald
Equality, Entitlement, and National Health Care Reform: The Challenge of Managed Competition and Managed Care, Rand E. Rosenblatt
Equity Considerations in International Taxation, Nancy H. Kaufman
ERISA Benefits Under the Bankruptcy Code and A New York Debtor's Rights, Helen Yvette Spielman Sherman
ERISA Preemption of State Tort Law Claims Against Managed Care Entities, John W. Schuch
ESSAY: An Essay on Criminal Liability for Dutyless Omissions That Cause Results, Daniel L. Rotenberg
ESSAY: Dispelling Suspicions as to the Existence of the Self-Evaluative Privilege, Hon. Arlene R. Lindsay and Lisa C. Solbakken
ESSAY: Eroticism, Obscenity, Pornography and Free Speech, Nicholas Wolfson
ESSAY: Extending Comparative Fault to Apparent and Implied Consent Cases, Aaron D. Twerski and Nina Farber
ESSAY: Fine-Tuning Tasini: Privileges of Electronic Distribution and Reproduction, Wendy J. Gordon
ESSAY: Public Inauthenticity: A Crisis of Falling Expectations, Jack Fuller
ESSAY: Reflections on Judicial Administration in the Second Circuit, From the Perspective of Learned Hand's Days, Gerald Gunther
ESSAY: Reflections on Judicial Administration in the Second Circuit, From the Perspective of Learned Hand's Days, Gerald Gunther
ESSAY: Restraints by Regional and Local Governments on Competition: Lessons from Transition Countries, John Clark
ESSAY: Some First Impressions of the Legal System in Three Chinese Cities, Jack B. Weinstein
ESSAY: The Death Penalty in Japan: An "Absurd" Punishment, Joachim Herrmann
Essay: The Future of DNA Testing and Law Enforcement, Charlotte J. Word
ESSAY: The Impossible Dream Comes True - A Criminal Law Professor Becomes Juror #7, Stacy Caplow
ESSAY: The Second Circuit Addresses Gender-Based Violence: A Review of Violence Against Women Act Cases, Julie Goldscheid
ESSAY: Virgina is not Safe for "Lovers": The Virginia Supreme Court Rejects Tarasoff in Nasser v. Parker, Peter Lake
Establish the Causal Link in Asbestos Litigation: An Alternative Approach, Simcha David Schonfeld
European Community Competition Law and Licensing Agreements, Ben Smulders
European Courts, American Rights: Extradition and Prison Conditions, Daniel J. Sharfstein
European Union Policy on Asylum and Its Inherent Human Rights Violations, Sheldon Leader
Evaluating Emotional Distress Damage Awards to Promote Settlement of Employment Discrimination Claims in the Second Circuit, Michelle Cucuzza
Evaluating the Case for Social Security Reform: Elderly Poverty, Paternalism and Private Pensions, Maria O'Brien Hylton
Evaluating the Consequences of Calibrated Sentencing: A Response to Professor Kolber, Miriam Baer
Evidence, Probability, and the Burden of Proof, Alex Stein and Ronald J. Allen
EVIDENCE: United States v. DiNapoli: Admission of Exculpatory Grand Jury Testimony Against the Government Under Federal Rule of Evidence 804(b)(1), Valerie A. DePalma
Evolutionary Analysis in Law: Some Objections Considered, Owen D. Jones
Examine Contracts Today: The Advent of the Euro and How it may Affect Commercial Contracts Between U.S. and British Companies, Ian G. Merrill
"Excess Baggage" at the F.A.A.: Analyzing the Tension Between "Open Skies" and the Safety Policing in U.S. International Civil Aviation Policy, Shadrack A. Stanleigh
Excess Embryos: Is Embryo Adoption a New Solution or a Temporary Fix?, Naomi D. Johnson
Exigent Circumstances and Warrantless Home Entries: United States v. MacDonald, Jacqueline Bryks
Expanding the Bankruptcy Code: The Use of Section 362 and Section 105 to Protect Solvent Executives of Debtor Corporations, Elizabeth H. Winchester
Expanding the Jurisdiction of the U.S. Court of International Trade: Proposals by the Customs and International Trade Bar Association, Patrick C. Reed
Extending Comparative Fault to Apparent and Implied Consent Cases, Aaron Twerski and Nina Farber
Extortion in the Workplace: Using Civil RICO to Combat Sexual Harassment in Employment, William H. Kaiser
Facilitating Welfare Rights Class Action Litigation: Putting Damages and Attorney's Fees to Work, Randal S. Jeffrey
Fairness in the Low-Carbon Shift: Learning from Environmental Justice, Uma Outka
Fair Play, Consent and Securities Arbitration: A Comment on Speidel, G. Richard Shell
Famous Trademarks: Ordinary Inquiry by the Courts of Marks Entitled to an Extraordinary Remedy, Brendan Mahaffey-Dowd
Fatal Defense: An Analysis of Battered Woman's Syndrome Expert Testimony for Gay Men and Lesbians Who Kill Abusive Partners, Denise Bricker
Federal Habeas Corpus: The New Standard of Retroactivity, Lori Bienstock
Feist or Famine - American Database Copyright as an Economic Model for the European Union, Charles von Simson
Field of Visions: Interorganizational Challenges to the Smart Energy Transition in Washington State, Scott Frickel, Daniela Wühr, Christine Horne, and Meghan Elizabeth Kallman
FIFTEENTH ANNIVERSARY OF THE EDWARD V. SPARER PUBLIC INTEREST LAW FELLOWSHIP PROGRAM: Introduction, Elizabeth M. Schneider
Finally, a True Elements Test: Mathis v. United States and the Categorical Approach, Rebecca Sharpless
Fingerprint Evidence in an Age of DNA Profiling, Jennifer L. Mnookin
FIRST AMENDMENT: A Funny Thing Happened to the (Non) Public Forum: Lebron v. National Railroad Passenger Corporation, Jonathan Bloom
FIRST AMENDMENT: A Funny Thing Happened to the (Non) Public Forum: Lebron v. National Railroad Passenger Corporation, Jonathan Bloom
First Amendment Limitations on Tort Law, David A. Anderson
First Amendment Limitations on Tort Law, David A. Anderson
FIRST & SIXTH AMENDMENTS: Closing the Courtroom to the Public: Whose Rights are Violated?, Thomas F. Liotti
Forbidden Fruit: Talking About Pesticides and Food Safety in the Era of Agricultural Product Disparagement Laws, Eileen Gay Jones
Foreign Judgements and the Freedom of Speech: Look Who's Talking, Craig A. Stern
Foreward, Joan G. Wexler
Foreward, Joan G. Wexler
Foreward, Norman S. Poser
FOREWARD: Appellate Advocacy and Practice in the Second Circuit, Hon. Fred I. Parker
FOREWARD: In Defense of Discovery Reform, Ralph K. Winter
FOREWARD: Pro Se Prisoner Litigation: Looking for Needles in Haystacks, Jon O. Newman
FOREWARD: Pro Se Prisoner Litigation: Looking for Needles in Haystacks, Jon O. Newman
FOREWARD: The Second Circuit - Year in Review, Joseph M. McLaughlin
Foreword, Joan G. Wexler
Foreword, Richard A. Posner
FOREWORD: How an Expanding Caseload Impacts Federal Appellate Procedures, Hon. Richard J. Cardamone
Foreword: In Banc Practice in the Second Circuit, 1989-93, Jon O. Newman
Foreword: In Banc Practice in the Second Circuit, 1989-93, Jon O. Newman
Forewords: Edward Sparer's Legacy, Elizabeth M. Schneider
FOREWORD: The Role of the Departure Power in Reducing Injustice nd Unwarranted Disparity Under the Sentencing Guidelines, Hon. John S. Martin Jr.
Forfeiture, Legitimation and a Due Process Right to Counsel, William J. Genego
Forum Non Conveniens and Foreign Plaintiffs in the 1990s, Douglas W. Dunham and Eric F. Gladbach
Forums of the Future, Rochelle C. Dreyfuss
FORWARD: Harmless Error Review in the Second Circuit, John M. Walker Jr.
"Four Legs Good, Two Legs Bad": The Issue of Standing in Animal Legal Defense Fund, Inc. v. Glickman and its Implications for the Animal Rights Movement, Fiona M. St. John-Parsons
Freedom and Constraint in Adjudication: A Look Through the Lens of Cognitive Psychology, Dan Simon
Freedom of Speech and Equality: Do We Have to Choose?, Nadine Strossen
"Free My Agent": Legal Implications of Professional Athletes' Self-Representation, Jodi Balsam
Free Speech Matters: The Roberts Court and the First Amendment, Joel M. Gora
French Banking Regulations: Can You Resist the Universal Banking Temptation?, Blanche Sousi
From a Reporter's Perspective: A Proposed Agenda, Aaron Twerski
From Civil Litigation to Private Justice: Legal Practice at War with the Profession and Its Values, Bryant Garth
From Codling to Bolm to Velez: Triptych of Confusion, Aaron Twerski
From Defect to Cause to Comparative Fault -- Rethinking Some Product Liability Concepts, Aaron Twerski
From Nondifferentiation to Factual Equity: Gender Equality Jurisprudence Under the German Basic Law, Monica Bhattacharyya
From Risk-Utility to Consumer Expectations: Enhancing the Role of Judicial Screening in Product Liability Litigation, Aaron Twerski
From Systemic Risk to Financial Scandals: The Shortcomings of U.S. Hedge Fund Regulation, Marco Bodellini
From the Bottom Up: Taxing the Income of Foreign Controlled Corporations, H. David Rosenblum
From the Wrong End of the Telescope: A Response to Professor David Bernstein, Aaron D. Twerski and Margaret Berger
Front Matter, Journal Staff
Front Matter, Journal Staff
Front Matter, Journal Staff
Front Matter, Journal Staff
Fueling the Terrorist Fires with the First Amendment: Religious Freedom, the Anti-LGBT Right, and Interest Convergence Theory, Kyle C. Velte
Full Disclosure: Moving Beyond Disclosure Regulations to Affirmative Regulation of Executive Compensation, Christopher Saverino
GATT and the Evolution of United States Trade Law, Ronald A. Brand
GATT and the Future of International Trade Institututions, John H. Jackson
GATT as a Public Institution: The Uruguay Round and Beyond, Kenneth W. Abbott
Gender Bias, Cognition, and Power in the Legal Academy, Elizabeth M. Schneider
Gender Equity, College Sports, Title IX and Group Rights: A Coach's View, Michael Straubel
Gender Stereotypes at Work, Marc R. Poirer
Getting Started: Creating New Competition Policy Institutions in Transition Economies, William E. Kovacic
Ghettoes Revisisted: Antimarkets, Consumption, and Empowerment, David Dante Troutt
Globalization, Technological Developments, and the Work of Fiscal Termites, Vito Tanzi
Golden Creditors, Copper Rules: An Analysis of Avoidance Actions Under Section 544(b) of the Bankruptcy Code in Cases Where a Federal Creditor Holds a Claim, John F. Rabe Jr.
Good Intentions Gone Awry: The Impact of New York's Equitable Distribution Law on Divorce Outcomes, Marsha Garrison
Governance by Proxy: Cyber Challenges to Civil Liberties, Niva Elkin-Koren and Eldar Haber
Governing Corporate Compliance, Miriam H. Baer
Governing Through Crime Metaphors, Jonathan Simon
Gradgrind's Education: Using Dickens and Aristotle to Undersand (and Replace?) the Business Judgement Rule, Kent Greenfield and John E. Nilsson
Grappling With A Grotian Moment: Sovereignty and the Quest for a Normative World Order, Samuel K. Murumba
Grappling With A Grotian Moment: Sovereignty and the Quest for a Normative World Order, Samuel K. Murumba
Grassroots Innovation Systems for the Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, and the Public Interest, Shobita Parthasarathy
Grass Roots Procedure: Local Avisory Groups and the Civil Justice Reform Act of 1990, Lauren K. Robel
Greater Investor Outreach at the Click of a Mouse: Internet and Closed-Circuit Roadshows Should Reach Retail Investors, Satu S. Svan
Group Rights, American Jews, and the Failure of Group Libel Law 1913-1952, Evan P. Schultz
Harmonization of Competititon Policies Among MERCOSUR Countries, Jose Tavares de Araujo, Jr and Luis Tineo
Health Care Proxies: New York's Attempt to Resolve the Right to Die Dilemma, Jill Hollander
Hedonic Damages: The Rapidly Bubbling Cauldron, Victor E. Schwarz and Cary Silverman
Hedonic Damages: The Rapidly Bubbling Cauldron, Victor E. Schwarz and Cary Silverman
“Hello…it’s me. [Please don’t sue me!]” Examining the FCC’s Overbroad Calling Regulations Under the TCPA, Marissa A. Potts
Helping the Voices of Poverty to Be Heard in the Health Care Reform Debate, Ellen M. Yacknin
Historical Retrospective and the Future Role and Jurisdiction of the U.S. Supreme Court of International Trade Bar Association, Stephen M. DeLuca
Holmes and Carl Schmitt: An Unlikely Pair?, David Dyzenhaus
How Jurors Decide on Death: Guilt is Overwhelming; Aggravation Requires Death; and Mitigation is No Excuse, Ursula Bentele and William J. Bowers
How Much Punishment Is Enough?: Embracing Uncertainty in Modern Sentencing Reform, Jalila Jefferson-Bullock
How (Not) to Think Like a Punisher, Alice Ristroph
How Substantial is Our Need for a Judgments-Recognition Convention and What Should We Bargain Away to Get It?, Russell J. Weintraub
How the Supreme Court Is Dealing with Precedents in Constitutional Cases, R. Randall Kelso and Charles D. Kelso
How Voluntary Is the Voluntary Commitment of Minors? Disparities in the Treatment of Children and Adults Under New York's Civil Commitment Law, Samuel M. Leaf
ICANN's "Uniform Dispute Resolution Policy: - Causes and (Partial) Cures, A. Michael Froomkin
If It Quacks Like a Duck: Recharacterizing Domestic Violence as Criminal Coercion, Joan Erskine
If Men Could Get Pregnant: An Equal Protection Model for Federal Funding of Abortion Under a National Health Care Plan, Julie F. Kay
If We Don’t Bring Them to Court, the Terrorists Will Have Won: Reinvigorating the Anti-Terrorist Act and General Jurisdiction in a Post-Daimler Era, Stephen J. DiGregoria
Ignorance and Procedural Law Reform: A Call For a Moratorium, Stephen B. Burbank
Imagery and Adjudication in the Criminal Law: The Relationship between Images of Criminal Defendents and Ideologies of Criminal Law in Southern Antebellum and Modern Appellate Decisions, Bernard E. Harcourt
IMMIGRATION LAW: Section 434 of the Welfare Act: Does the Federal Immigration Power Collide With the Tenth Amendment?, Allison B. Feld
INAUGURATION OF THE CENTER FOR THE STUDY OF LAW, LANGUAGE AND COGNITION: Introduction, Robert H. Mundheim
Income vs. Consumption taxation: Domestic and International Reforms, Gary C. Hufbauer
In Defense of Process, Aaron Twerski, Alvin S. Weinstein, William A. Donaher, and Henry R. Piehler
In Defense of the "Old" Public Health: The Legal Framework for the Regulation of Public Health, Richard A. Epstein
Independent State Search and Seizure Constitutionalism: The New York State Court of Appeals' Quest for Principled Decisionmaking, Robert M. Pitler
Indexing Capital Gains for Inflation: The Impacts of Recent Inflation Trends, Mutual Fund Financial Intermediation, and Information Technology, Shimon B. Edelstein
Indigenous Nations and International Trade, Robert H. Berry III
Indonesia: Intersection of Human Rights, Financial Markets and Competition Policy, Lawrence M. Solan, Sidney Jones and Richard Dicker, Spencer Weber Waller
Inefficient Evidence, Alex Stein
Inernational Tax Policy in the New Millenium: Developing An Agenda, Victor Zonana
Informed Decision-Making and the Law of Torts: The Myth of Justiciable Causation, Aaron Twerski and N. B. Cohen
Inherent Power Found, Rule 11 Lost: Taking a Shortcut to Impose Sanctions in Chambers v. NASCO, John Papachristos
In Re Burger Boys: Are Landlords Being Grilled in the Second Circuit?, Michael N. Gottfired and Andrew N. Goldman
In Search of a Smoking Gun: A Comparison of Public Entity Tobacco and Gun Litigation, Philip C. Patterson and Jennifer M. Philpott
Insider Trading's Legality Problem, Miriam Baer
Inside the Restatement, Aaron Twerski
Institutional Investors: A U.K. View, Paul L. Davies
Institutional Owners and Corporate Managers: A Comparative Perspective, Richard M. Buxbaum
Institutional Owners and Corporate Managers: A German Dilemma, Friedrich K. Kubler
Insufficient Legal Respresentation for the Indigent Defendant in the Criminal Courts of South Africa, Albertine Renee van Buuren
In Support of a Mandatory Pro Bono Rule for New York State, Cynthia R. Watkins
Insuring Corporate Crime, Miriam Baer
Intellectual Property and the Abuse of a Dominant Position Under European Union Law: Existence, Exercise and the Evaporation of Rights, Nicholas Green
Intellectual Property Defenses, Alex Stein and Gideon Parchomovsky
Intellectual Property Rights and the Free Movement of Goods in the European Union, David Keeling
Intent and Recklessness in Tort: The Practical Craft of Restating Law, Aaron Twerski and J. A. Henderson
Intent, Originality, Creativity and Joint Authorship, Russ VerSteeg
Interest Analysis, Party Expectations and Judicial Method in Conflicts Torts Cases: Reflections on Conney v. Osgood Machinery, Inc., Robert A. Sedler
International Bribery: An Example of an Unfair Trade Practice?, Mark J. Murphy
International Digital Publishing and Territorial Copyright: Is the European Union Letting Infringers Slip Through Its "Nets?", Jenerva Giorgini
International Extradition and Fugitive Slaves: The John Anderson Case, Paul Finkelman
International Information Transactions: An Essay on Law in an Information Society, Raymond T. Nimmer
INTERNATIONAL LAW: Establishing Incredible Events by Credible Evidence: Civil Suits for Atrocities that Violate International Law, Russell J. Weintraub
INTERNATIONAL LAW: Establishing Incredible Events by Credible Evidence: Civil Suits for Atrocities that Violate International Law, Russell J. Weintraub
International Standards for Consolidated Supervision of Financial Conglomerates: Controlling Systemic Risk, Cynthia C. Lichtenstein
International Standards on the Death Penalty: Shifting Discourse, Joan Fitzpatrick and Alice Miller
International Tax Cooperation and a Multilateral Treat, Victor Thuronyi
International Tax Policy: Capital Vs. Labor, David P. Hariton
Interpreting UN Sanctions: The Rulings and Role of the Yugoslavia Sanctions Committee, Michael P. Scharf and Joshua L. Dorosin
Interpreting UN Sanctions: The Rulings and Role of the Yugoslavia Sanctions Committee, Michael P. Scharf and Joshua L. Dorosin
Introduction, Neil B. Cohen
Introduction, Hon. Gregory W. Carman
Introduction, Samuel K. Murumba
Introduction, Russell W. Pittman
Introduction, Maryellen Fullerton
Introduction, Ana Julia Jatar
Introduction, Gregg P. Macey
Introduction, Elizabeth Schneider
Introduction, Susan N. Herman
Introduction, Barry L. Zaretsky
Introduction, Robert H. Lands
Introduction, Lawrence M. Solan
Introduction, Margaret Berger and Bailey Kuklin
Introduction, Lawrence M. Solan
Introduction, Susan N. Herman and Lawrence M. Solan
Introduction, Spencer Weber Waller
Introduction, Barry L. Zaretsky
Introduction, Norman S. Poser
Introduction, Anthony J. Sebok
Introduction; The Past, Present and Future of Free Speech, Joel M. Gora
Introduction: The Post-Carbon World: Advances in Legal and Social Theory, Gregg P. Macey
Intuition and Technology in Product Design Litigation: An Essay on Proximate Causation, Aaron Twerski and J. A. Henderson
Invalid Reservations to the International Covenant on Civil and Political Rights: Is the United States Still a Party?, William A. Schabas
Iraq's Crimes of State Against Individuals, and Sovereign Immunity: A Comparative Analysis and a Way Forward, Dr. William F. Pepper
Is It Time For A Federal Corporation Law?, Roberta S. Karmel
Is Law - Constitutional Crisis and Existential Anxiety, Alice Ristroph
It's Not Black and White: Spencer v. Casavilla and the Use of the Right of Intrastate Travel in Section 1985(3), Karin Fromson Segall
Japan's Big Bang Financial Reforms, Ernest T. Patrikis
Japan's Financial System Reform Law: Progress Toward Financial Liberalization?, Thomas F. Cargill and Gregory F.W. Todd
Jewish Prisoners and Their First Amendment Right to a Kosher Meal: An Examination of the Relationship Between Prison Dietary Policy and Correctional Goals, Jamie Aron Forman
Judge Jack B. Weinstein, Tort Litigation, and the Public Good: A Roundtable Discussion to Honor One of America’s Great Trial Judges on the Occasion of his 80th Birthday, Aaron Twerski, Margaret Berger, Anthony J. Sebok, Helen E. Freedman, and John C.P. Goldberg
Judging Judgements: The 1991 Civil Rights Act and the Linbering Ghost of Martin v. Wilks, Andrea Catania and Charles A. Sullivan
Judicial Review of Export Control Determinations, Dean A. Pinkert and Thomas D. Blanford
Judicial Review of the Refugee Status Determination Procedure for Vietnamese Asylum Seekers in Hong Kong, Arthur C. Helton
Juries and Expert Evidence, Neil Vidmar and Shari Seidman Diamond
Juries and Technology: Equipping Jurors for Twenty-First Century, Nancy S. Marder
Jury Nullification: Legal and Psychological Perspectives, Irwin Horowitz and Norbert L. Kerr
Justice Ginsburg and the Middle Way, Laura Krugman Ray
Just Intervention: Differential Response in Child Protection, Cynthia Godsoe
Just Violence, Alice Ristroph
Keynote Address: Beyond the Genome, Joshua Lederberg
Keynote Addresses, Louis Henkin and Christopher G. Weeramantry
"Language Qualifying" Juries to Exclude Bilingual Speakers, Marina Hsieh
Law Incarnate, Mark Johnson
Law, Markets and Valuation, Neil Duxbury
Lawrence and Same-Sex Marriage Bans: On Constitutional Interpretation and Sophistical Rhetoric, Mark Strasser
Lawrence and Same-Sex Marriage Bans: On Constitutional Interpretation and Sophistical Rhetoric, Mark Strasser
Legal Aid and Right to Counsel Under Canada's Charter of Rights and Freedoms, Dorothy Nicole Giobbe
Legal and Policy Issues in Expanding The Scope of Law Enforcement DNA Data Banks, Mark A. Rothstein and Sandra Carnahan
Legal Pathways to Deep Decarbonization: Lessons from California and Germany, John C. Dernbach
Leonardo da Vinci and the 861 Regulations, Charles I. Kingson
Lessons From the Lindh Case: Public Safety and the Fifth Amendment, M.K.B. Darmer
Liability For Direct Advertising of Drugs to Consumers: An Idea Whose Time Has Not Come, Aaron Twerski
Liability for Uncertainty: Making Evidential Damage Actionable, Alex Stein and Ariel Porat
Liability Without Cause? Further Ruminations on Cause-in-Fact as Applied to Handgun Liability, Aaron Twerski and A. J. Sebok
Licensing Under United States Antitrust Law, Leo J. Raskind
Life Cycle Analysis and Transportation Energy, Alexandra B. Klass and Andrew Heiring
Lifting the Embargo Against Cuba Using Vietnam as a Model: A Policy Paper for Modernity, David Mowry
Like a Bad Neighbor, Hackers Are There: The Need for Data Security Legislation and Cyber Insurance in Light of Increasing FTC Enforcement Actions, Jennifer Gordon
Limiting "Public Morality" Exceptions to Free Movement in Europe: Ireland's Role in a Changing European Union, David O'Connor
Line-Item Disclosure Provisions and the Materiality of Preliminary Merger Negotiations After In re George C. Kern, Jr., Steven G. Sanders
Linkage and the Deterrence of Corporate Fraud, Miriam Baer
Liriano v. Hobart Corp.: Obvious Dangers, the Duty to Warn of Safer Alternatives, and the Heeding Presumption, Hildy Bowbeer and David S. Killoran
Lis Pendes and Forum Non Conveniens at the Hague Conference: The Preliminary Draft Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters, Martine Stuckelberg
Lizzie's Law: Healing the Scars of Domestic Murder - An Emerging National Model, Danice M. Kowalczyk
Local Government Redistricting in New York: Where Does the Power Repose?, Henry Mark Holzer and Steven Barshow
Looking Beyond Judical Deference to Agency Discretion: A Fundamental Right of Access to RU 486?, Elizabeth A. Silverberg
Loosening the Administrative Handcuffs: Discretion and Responisbility under the Guidelines, John M. Walker Jr.
Loper v. New York City Police Department Begs the Question: Is Panhandling Protected by the First Amendment?, Elena W. Slipp
Loper v. New York City Police Department Begs the Question: Is Panhandling Protected by the First Amendment?, Elena W. Slipp
Love's Labor Law: Establishing a Uniform Interpretation of New York's "Legal Recreational Activities" Law to Allow Employers to Enforce No-Dating Policies, Seth Howard Borden
“Lucky” Adnan Syed: Comprehensive Changes to Improve Criminal Defense Lawyering and Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
Making a Federal Case Out of It: Section 1981 and At-Will Employment, Joanna L. Grossman
Making Managed Competition a Social Arena: Strategies for Action, Louise G. Trubek
Making the Time Fit the Crime: Clearly Defining Online Harassment Crimes and Providing Incentives for Investigating Online Threats in the Digital Age, A. Meena Seralathan
Malicki v. Doe: The Constitutionality of Negligent Hiring and Supervision Claims, Lisa J. Kelty
Malicki v. Doe: The Constitutionality of Negligent Hiring and Supervision Claims, Lisa J. Kelty
Mandatory Protections as Veiled Punishments: Debtor Education in H.R. 975, The Bankruptcy Abuse and Consumer Protection Act of 203, Susan Block-Lieb
Mandatory Third Party Compliance Examinations for Investment Advisers: An SEC Waterloo?, Mercer Bullard
Market Access and Market Contestability: Is the Difference Purely Semantics: A Business Perspective, Shanker A. Singham
Market Realities v. Indigenous Equities, Rekha Ramani
Markets and Women's International Rights, Kathleen Peratis, Joanna Kerr and Elizabeth M. Schneider, Martina Vandenberg
Market Share - A Tale of Two Centuries, Aaron Twerski
Marking Up the Blueprint, Lawrence Lokken
MASS TORT AND CLASS ACTIONS: Notes for a Discussion of Mass Tort Cases and Class Actions, Jack B. Weinstein
MASS TORTS: Punitive Damages Crash in the Second Circuit: In reAir Disaster at Lockerbie, Scotland on December 21, 1988, Howard T. Edelman
McMahon: The Next Ten Years, Therese Maynard
Mediating Rules in Criminal Law, Alex Stein and Richard A. Bierschbach
Medoil Corp. v Citicorp: Uncertainty Requires an In-Depth Inquiry in to Forum-Selection Clause Enforceability Issues, Ramon E. Reyes Jr.
Micro Radio: A Small Step in the Return to Localism, Diversity, and Competitiveness in Broadcasting, Michael J. Aguilar
Misunderstanding Ability, Misallocating Responsibility, Jeffrey J. Rachlinksi
Money and Speech: Practical Perspectives, Nicholas W. Allard
Money, Speech, and Chutzpah, Joel Gora
Multinational in Host Countries: Can They Be Held Liable Under the Alien Tort Claims Act For Human Rights Violations?, Ariadne K. Sacharoff
Multistate Conflict-of-Law Rules: Continuing the Dialogue with Professors Trautman and Sedler, Aaron Twerski and R. Mayer
Municipal Home Rule in New York: Tobacco Control at the Local Level, Laura D. Hermer
Musings on the Jury System: Reverence and Respect, Hon. Andre M. Davis
NAFTA and the GATT: A Regional Perspective on the Uruguay Round, Peter McKellar
NAFTA Binational Panel Review: Should It Be Continued, Eliminated or Substantially Changed?, Robert E. Burke and Brian F. Walsh
National Product Liability Legislation: In Search for the Best of All Possible Worlds, Aaron Twerski
National Sovereignty and Human Rights in a Positive Law Context, Jianming Shen
National Tax Policy and Global Competition, Jack M. Mintz
NEGLIGENT MARKETING: Halberstam v. Daniel and the Uncertain Future of Negligent Marketing Claims Against Firearms Manufacturers, Timothy D. Lytton
Neumeier v. Kuehner: Where are the Emperor's Clothes?, Aaron Twerski
New Developments in Transfer Pricing Rules, Rom P. Watson
New Paradigm, Normal Science, or Crumbling Construct? Trends in Adjudicatory Procedure and Litigation Reform, Jeffrey W. Stempel
New York's Open Meetings Law: Revision of the Political Caucus Exemption and Its Implications for Local Government, Timothy P. Whelan
New York State's Proposal to Unblind HIV Testing for Newborns: A Necessary Step in Addressing a Critical Problem, Leonardo Renna
Niesig v. Team I: Permitting Ex Parte Communication With Corporate Employees, Sophie Hager Hume
No Drop Prosecution & Domestic Violence: Screening for Cooperation in the City that Never Speaks, Allessandra DeCarlo
No Longer Volunteering to Go to Prison: New York's Legislative Trend Toward Insulating Volunteer Cooperative Board Members from Criminal Liability, Patricia A. Cavallaro
Non-discriminatory Income Taxation of Non-resident Taxpayers by Member States of the European Union: A Proposal, Kees van Raad
Nonprofit Oversight under Siege: Introduction, Dana Brakman Reiser
Nonsense You Say, Nicholas W. Allard
Not Enough Blame to Go Around: Reflections on Requiring Purposeful Government Conduct, Susan Bandes
Not Quite A Family: The Second Circuit Decides Against Recognizing Procedural Due Process Rights for a Pre-Adoptive Foster Family in Rodriguez v. McLoughlin, Katherine S. Wilson
Not Quite High Noon for Gunmakers, But It's Coming: Why Hamilton Still Means Negligence Liability in Their Future, Daniel L. Feldman
Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection to Complainants or Defendants, Nicolo Taormina
Nuclear Objections: The Persistent Objector and the Legality of the Use of Nuclear Weapons, Adam Steinfeld
Of Babies and Bathwater: The Prospects for Procedural Progress, Richard L. Morris
Of Two Wrongs that Make a Right: Two Paradoxes of the Evidence Law and Their Combined Economic Justification, Alex Stein
Old-Fashioned Postmodernism and the Legal Theories of Oliver Wendell Holmes, Jr., Catharine Pierce Wells
Old Hurdles Hamper New Options for Battered Immigrant Women, Ryan Lilienthal
Old Wine in a New Flask -- Restructuring Assumption of Risk in the Product Liability Era, Aaron Twerski
One Nation's Dream, Another's Reality: Housing Justice in Sweden, Deborah Kenn
One Size Does Not Fit All: The Third Multi-track Restatement of Conflict of Laws, Aaron Twerski
On Reading Cramton, Currie & Kay -- Reflections and Prophecies for the Age of Interest Analysis, Aaron Twerski
On Territoriality and Sovereignty: System Shock and Constitutional Choices of Law, Aaron Twerski
On the Legal Status of the Golan Heights: Application of Israeli Law or Annexation?, Leon Sheleff and Asher Maoz
On the Limits of Charity: Lobbying, Litigation, and Electoral Politics by Charitable Organizations Under the Internal Revenue Code and Related Laws, Oliver A. Houck
On ‘Violence Against Women’, I. Bennett Capers
Organizational Liability and the Tension between Corporate and Criminal Law, Miriam H. Baer
Organ Transplantation Eligibility: Discrimination on the Basis of Cognitive Disability, Tien-Kha Tran
Originality, Alex Stein and Gideon Parchomovsky
Other People's Power: The Bad Man and English Positivism 1897-1997, William Twining
Overenforcement, Alex Stein and Richard Bierschbach
PANEL DISCUSSION: Association of the Bar of the City of New York: Disqualification of Judges (The Sarokin Matter): Is It a Threat to Judicial Independence?, Moderator John D. Feerick
PANEL DISCUSSION: Civil Litigation in the Twenty-First Century: A Panel Discussion, Margaret Berger and Et Al
Panel Four Discussion Transcripts, . .
Panel One Discussion Transcript, . .
Panel Three Discussion Transcript, . .
Panel Two Discussion Transcript, . .
Paradigms Lost: The Second Circuit Faces the New Era of Religion Clause Jurisprudence, Donald L. Beschle
Paradoxes of “Decarbonization”, David B. Spence
Passive Virtues and Casual Vices in the Federal Courts of Appeals, Jeffrey O. Cooper and Douglas A. Berman
PENSION BENEFIT AND LEGAL INVESTMENT LAWS: The Regulation of Funded Social Security, Deborah M. Weiss
PENSION REFORM AROUND THE WORLD: Comparative Features and Performances of Structural Pension Reforms in Latin America, Carmelo Mesa-Lago
Pensions and Post-Retirement Benefits by Employers in Germany, Lothar Schruff
People v. Scott & People v. Keta: "Democracy Begins in Conversation", Eve Cary and Mary R. Falk
Perlera-Escobar v. Executive Office For Immigration: Political Asylum and the Question of Neurtrality, William A. Epstein
Permanency Puzzle, Cynthia Godsoe
Persistent Threats to Commercial Speech, Jonathan H. Adler
Personhood, Discrimination, and the New Genetics, Janet L. Dolgin
PlottingThe Path of Law, Thomas C. Grey
Political and Social Aspects of International Tax Policy in the New Millenium, Stanford G. Ross
Political Broadcast Regulation in the United States and Great Britain, Robert Frazer
Potholes: DUI Law in the Budding Marijuana Industry, Zack G. Goldberg
Practicing International Trade Law After the Uruguay Round, Robert J. Leo
Predictions for the Twenty-First Century, Dorothy Nelin
Preponderance, Probability and Warranted Factfinding, Vern R. Walker
PRESENTATION: An Overview of Latin America's Entrée to the Global Equity Markets, Suzanne Nora Johnson
PRESENTATION: Planning for Spontaneity: The Creation of Free Markets in Eastern Europe, Philip R. Lochner, Jr.
PRESENTATION: Recent Developments in the Italian Financial Markets, Alessandro Roselli
PRESENTATION: The Brooklyn law School - New York Stock Exchange, Inc. Breakfast Roundtable, Roberta S. Karmel
Preserving Human Agency in Automated Compliance, Onnig H. Dombalagian
Preventing Sexual Harrassment: The Federal Courts' Wake-Up Call for Women, Martha S. West
Price v. INS - "Liberty and Justice for Some", Andrea Strong
Pricing Justice: the Wasteful Enterprise of America's Bail System, Liana M. Goff
Privatization in Vietnam: The Next Step in Vietnam's Economic Transition from a Nonmarket to a Market Economy, Pamela L. Polevoy
Privatization of Public Pension Systems in Developing Nations: A Call for International Standards, Joseph J. Norton
Privatization - The United Kingdom Experience, Cosmo Graham
Problems in the Use of Outcome Statistics to Compare Health Care Providers, Jesse Green
Procedural Barriers to Suits Against the State by Local Government, Harold A. Olsen
Procedural Reform as a Surrogate for Substantive Law Revision, Jack B. Weinstein
Producing Democratic Vibrancy, K. Sabeel Rahman
Product Design Liability in Oregon and the New Restatement, Aaron Twerski and J. A. Henderson
Product Liability: A Study of the Interaction of Law and Technology, Aaron Twerski, Alvin S. Weinstein, Henry R. Piehler, and William A. Donaher
Products Liability: Why the European Union Doesn't Need the Restatement (Third), Rebekah Rollo
Products Liability: Why the European Union Doesn't Need the Restatement (Third), Rebekah Rollo
Property as a Management Institution, Lynda L. Butler
Proportionality as a Principle of Limited Government, Alice Ristroph
Proposals for Progress: Sodomy Laws and the European Convention on Human Rights, Clarice B. Rabinowitz
Proposals for Reform of the GATT Antidumping Code, Gary N. Horlick
Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia, Sharon A. Healey
Prospects for a Multilateral Tax Treaty, Diane M. Ring
Protecting Computer Software in the European Economic Community: The Innovative New Directive, Leo J. Raskind
Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano
Protecting the Right to Live in Isaiah's Brave New World, Jonathan K. Stubbs
Provider-Specific Quality-of-Care Data: A Proposal for Limited Mandatory Disclosure, Douglas Sharrott
Public Antitrust Enforcement of Resale Price Maintenance in China: A Crusade or Discrimination?, Jingmeng Cai
Public Forum Doctrine Crashes at Kennedy Airport, Injuring Nine: International Society for Krishna Consciousness, Inc. v. Lee, David A. Stoll
Public-Private-Public Convergence: How the Private Actor Can Shape Public International Labor Standards, Jennifer L. Johnston
Punishment as Protection, Cynthia Godsoe
Punitive Damages Awards in Product Liability Litigation: Strong Medicine or Poison Pill - Introduction, Aaron Twerski
Putting the Commerce Back in the Dormant Commerce Clause: State Taxes, State Subsidies, and Commerce Neutrality, Ryan Lirette and Alan D. Viard
Putting the Substance Back into The Economic Substance Doctrine, Nicholas Giordano
"Put Your Body on the Line:" Civil Disobedience and Injunctions, Carolyn Grose
Race and Capital Punishment in the United States and South Africa, Ursula Bentele
Rape by Fraud and Rape by Coercion, Patricia J. Falk
Rationales for Rural Land Redistribution in South Africa, Lauren G. Robinson
Reaching Out From Behind Bars: The Constitutionality of laws Barring Prisoners From the Internet, Titia A. Holtz
RECENT DEVELOPMENTS: The Supreme Court Sanctions Transborder Kidnapping in United States v. Alvarez-Machain: Does International Law Still Matter?, Steven M. Schneebaum
Recent Deveopments in Antidumping and Countervailing Duty Cases: November 1992-October 1994, Elizabeth C. Seastrum and Priya Alagiri
Recognizing the Rape of Bosnian Women as Gender-Based Persecution, Krishna R. Patel
Reconceptualizing Trespass, Alex Stein and Gideon Parchomovsky
Recoverability of the Cost of Borrowing in Construction Contracts, Heidi K. Brown
Redistribution Under a Partially Privatized Social Security System, Kathryn L. Moore
Reevaluating Attorney-Client Privilege in the Age of Hackers, Anne E. Conroy
Reflections on the State of Corporate Governance, Bevis Longstreth
Regulation and Competition Policy: Towards an Optimal Institutional Configuration in the Brazilian Telecommunications Industry, Gesner Oliveira and Caio Mario da Silva Pereira Neto
Regulation and Investors' Trust in the Securities Markets, Tamar Frankel
Regulation A-Plus’s Identity Crisis: A One-Size-Fits-None Approach to Capital Formation, Zachary Naidich
Regulation or Resistance: A Counter-Narrative of Constitutional Criminal Procedure, Alice Ristroph
REGULATORY IMPLICATIONS OF INDIVIDUAL MANAGEMENT OF PENSION FUNDS: The Challenge to Financial Regulators Posted by Social Security Privatization, Roberta S. Karmel
Regulatory Rooms in Australian Corporate Law, Joanna Bird and Jennifer Hill
Regulatory Rooms in Australian Corporate Law, Joanna Bird and Jennifer Hill
Reining in Punitive Damages "Run Wild": Proposals for Reform by Courts and Legislatures, Victor E. Schwartz and Mark A. Behrens
Reinventing Civil Procedure: Will the New Procedural Regime Help Resolve Mass Torts?, Georgene M. Vairo
Relative Constraint and Public Reason: What is "The Work We Expect of Law"?, Frank I. Michelman
Relative International Legal Personality of Non-State Actors, William Thomas Worster
Remarks Delivered at the Dedication of a New Building at Brooklyn Law School, Various Speakers
Remnants of Recent Customs Litigation: Jurisdiction and Statutory Interpretation, Claire R. Kelly
ReNorming Immigration Court, Stacy Caplow
Rescuing The “Supreme Court” of Sports: Reforming The Court of Arbitration for Sport Arbitration Member Selection Procedures, Jennifer R. Bondulich
Resort to International Human Rights Law in Challenging Conditions in U.S. Immigration Detention Centers, Barbara MagGrady
Respect and Resistance in Punishment Theory, Alice Ristroph
Rethinking Derivative Rights, Naomi A. Voegtli
Rethinking Medical Monitoring, Andrew R. Klein
Revisiting Substantive Due Process and Holmes's Lochner Dissent, G. Edward White
Richards v. Lloyd's of London: The Ninth Circuit Denies Access to the Securities Laws to American Investors, James Gange
Role of Judicial Review in Administrative Enforcement Cases, F. Amanda DeBush
Sacrificial Lambs or the Chosen Few? The Impact of Student Defenders on the Rights of the Accused, Steven Zeidman
Same-Sex Adoption: An Alternative Approach to Gay Marriage in New York, Vincent C. Green
Same-Sex Union Announcements: Whether Newspapers Must Publish Them, and Why We Should Care, James M. Donovan
Sawyer v. Whitley: Stretching the Boundaries of a Constitutional Death Penalty, Eric D. Sher
Scripps or Atlantic: The Federal Circuit Squares Off Over the Scope of Product-By-Process Patents, Brian S. Tomko
Secondary Obligors and the Restatement Third of Suretyship and Guaranty: For Love or Money, Brett E. Lewis
SECOND PRIZE WINNER OF THE ANDREW P. VANCE MEMORIAL WRITING COMPETITION: Addressing the Grey Market - What the Supreme Court Should Have Done, Jay P. Moisant
SECOND PRIZE WINNER OF THE ANDREW P. VANCE MEMORIAL WRITING COMPETITION: Addressing the Grey Market - What the Supreme Court Should Have Done, Jay P. Moisant
Secrecy, Intimacy, and Workable Rules: Justice Sotomayor Stakes Out the Middle Ground in United States v. Jones, Miriam H. Baer
Section 1983 in the Second Circuit, Martin A. Schwartz
Securities Arbitration: Better for Investors Than the Courts?, Marc I. Steinberg
SECURITIES: Deterring Fraud vs. Avoiding the "Strike Suit": Reaching an Appropriate Balance, D. Brian Hufford
SEC v. Unifund SAL: A Thaw in the SEC's Use of the Asset Freeze to Prosecute Offshore Fraud, Michael T. Prior
Seeing and Believing: Images of Heredity in Biological Theories of Crime, Nicole Hahn Rafter
Seeking Enlightenment from Above: Circuit Courts Split on the Interpretation of the Reform Act's Heightened Pleading Requirement, Janine C. Guido
Select Bibliography, Journal Staff
Self-Dealing Transactions in Nonprofit Corporations, Deborah A. DeMott
SENTENCING GUIDELINES: Double Jeopardy, the Federal Sentencing Guidelines, and the Subsequent-Prosecution Dilemma, Elizabeth T. Lear
SENTENCING GUIDELINES: Double Jeopardy, the Federal Sentencing Guidelines, and the Subsequent-Prosecution Dilemma, Elizabeth T. Lear
SENTENCING GUIDELINES: Toward Sentencing Reform for Drug Couriers, Steven B. Wasserman
Service of Process on Foreign Defendants: A Rule 4 Dilemma Seen in Aries Ventures Ltd. V. Axa Finance, S.A., Thomas D. Perreault
Setting a Place for Ed Sparer at the National Health Reform Table, Sara Rosenbaum
Sexual Punishments, Alice Ristroph
Sexual Use, Abuse and Exploitation of Children: Challenges in Implementing Children's Human Rights, Roger J.R. Levesque
Shame: Bergman on Responsibility and Blame, Leonard V. Kaplan
Shaping Competition Policy in the Americas: Scope for Transatlantic Cooperation?, Shanker A. Singham
Shareholder Participation in Corporate Decisionmaking Under German Law: A Comparitive Analysis, Bernd Singhof and Oliver Seiler
Shifting Perspective in Product Liability: From Quality to Process Standards, Aaron Twerski, Alvin S. Weinstein, William H. Donaher, and Henry R. Piehler
Should Addicts Get Welfare? Addiction & SSI/SSDI, Dru Stevenson
Should I Stay or Should I Go?: Why Bolivian Tactics and U.S. "Flexibility" Undermine the Single Convention on Narcotic Drugs, Robert C. Zitt
Should McMahon Be Revisited?, Constantine N. Katsoris
Silver Linings in Federal Civil Justice Reform, Carl Tobias
Social Capital of Directors and Corporate Governance: A Social Network Analysis, Zihan Niu and Christopher Chen
Social Limits to Privatization, Tony Prosser
SOCIAL SECURITY: The Politics of Nonacquiescence: The Legacy of Steiberger v. Sullivan, Robert J. Axelrod
SOCIAL SECURITY: The Politics of Nonacquiescence: The Legacy of Steiberger v. Sullivan, Robert J. Axelrod
Some Observations on the Independence of Lawyers, Paul Gonson
Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer
Some Thoughts on the North American Free Trade Agreement, Political Stability and Environmental Equity, Colin Crawford
Some Thoughts on the Porous Boundary between Ordinary and Extraordinary Fraud, Miriam H. Baer
Southworth v. Grebe: The Conservative Utilization of "Negative" First Amendment Rights to Attack Diversity of Thought at Public Universities, Meredith R. Miller
Sovereignty and Subversion, Alice Ristroph
Sovereignty, Entitlement, and Cooperation in International Taxation, Peggy B. Musgrave
SPEECH: Remarks at the ThurgoodMarshall Commemorative Luncheon, Constance Baker Motley
SPEECH: Remarks at the ThurgoodMarshall Commemorative Luncheon, Constance Baker Motley
Spinning and Underpricing: A Legal and Economic Analysis of the Preferential Allocation of Shares in Initial Public Offerings, Sean J. Griffith
Sporty's Farm v. Sportsman's Market: A Case Study in Internet Regulation Gone Awry, Alanna C. Rutherford
Standing and the English Prerogative Writs: The Original Understanding, Bradley S. Clanton
Star Gazing: The Future of American Products Liability Law, Aaron Twerski and J. A. Henderson
State Choice of Law in Mass Tort Cases: A Response to 'A View from the Legislature, Aaron Twerski and R. A. Sedler
State Incarceration of Federal Prisoners After September 11: Whose Jail Is It Anyway?, Ronald K. Chen
State Intentions and the Law of Punishment, Alice Ristroph
State Sovereignty and the Globalizing Effects of the Internet: A Case Study of the Privacy Debate, Joshua S. Bauchner
Statutes of Limitation and Corporate Fiduciary Claims: A Search for Middle Ground on the Rules/Standards Continuum, Matthew G. Dore
Staying The Enforcement of Foreign Commercial Arbitral Awards: A Federal Practice Contravening the Purposes of the New York Convention, Brian Sampson
Stranded Costs and Grid Decarbonizaiton, Emily Hammond and Jim Rossi
Strategic Enforcement, Alex Stein and Margaret H. Lemos
Structuring Complexity, Disciplining Reality: The Challenge of Teaching Civil Procedure in a Time of Change, Elizabeth M. Schneider
STUDY: Study of Appellate Reversals, Jon O. Newman
Style and Skepticism in The Path of the Law, John C.P. Goldberg
Sufficiency of the Evidence Does Not Meet Daubert Standards: A Critique of the Green-Sanders Proposal, Aaron Twerski and Lior Sapir
SUMMARY ORDERS: Report of Joint Subcommittee on Use of Summary Orders by the United States Court of Appeals for the Second Circuit, New York County Lawyers' Association
SUMMARY ORDERS: Report of Joint Subcommittee on Use of Summary Orders by the United States Court of Appeals for the Second Circuit, New York County Lawyers' Association
Supplementary Pensions in the Single Market: The Commission View, Paolo Clarotti
Supressing Violent and Degrading Pornography to "Prevent Harm" in Canada: Butler v. Her Majesty the Queen, Jodi Aileen Kleinick
Surveillant and Counselor: A Reorientation in Compliance for Broker-Dealers, James A. Fanto
Symbolism and Incommensurability in Civing Sanctioning: Decision Makers as Goal Managers, Jennifer K. Robbennolt and John M. Darley
SYMPOSIUM BIBLIOGRAPHY: Selected Insolvency and Bankruptcy Resources, Jean J. Davis and Victoria J. Szymczak
Symposium Commentary, Donald J. Rapson
SYMPOSIUM COMMENTARY: Market Conformity of Insolvency Proceedings: Policy Issues of the German Insolvency Law, Manfred Balz
SYMPOSIUM: Equitable Distribution in New York: Results and Reform, Journal Staff
Symposium: Free Speech Under Fire: The Future of the First Amendment, Nicholas W. Allard and Floyd Abrams
SYMPOSIUM: Nazis in the Courtroom: Lessons rom the Conduct of Lawyers and Judges under the Laws of the Third Reich and Vichy, France, See first page for speakers
SYMPOSIUM: Reinventing Civil Litigation: Evaluating Proposals for Change, The Editors
Table of Contents, Journal Staff
Table of Contents, Journal Staff
Taking Subrogation Seriously: The Blue Cross-Blue Shield Tobacco Litigation Reconsidered, Mark C. Weber
Talking Points, Alex Stein and Jef De Mot
Taming the Tort Monster: The American Civil Justice System as a Battleground of Social Theory, Michael L. Rustad and Thomas H. Koenig
Taxing International Income: Further Thoughts, Peggy B. Musgrave
Taxing International Income: Inadequate Principles, Outdated Concepts, and Unsatisfactory Policies, Michael J. Graetz
Taxing the International Transfer of Information, David Williams
Teaching Civil Procedure While You Watch it Disintegrate, Stephen N. Subrin
Temporal Inconsistency and the Regulation of Corporate Misconduct, Miriam H. Baer
The 1996 Immigration Legislation and the Assault on the Courts, Lee Gelernt
The Academy, Campaign Finance, and Free Speech Under Fire, Bradley A. Smith
The ADA Through The Looking Glass, Lisa A. Sciallo
The Admissibility of Evidence in Malpractice Cases: The Performance Records of Practitioners, Paul D. Rheingold
The American Law Institute NAFTA Insolvency Project, Jay Lawrence Westbrook and Jacob S. Ziegel
The Americans With Disabilities Act: Implications for Job Reassignment and the Treatment of Hypersusceptible Employees, Renee L. Cyr
The Anti-Terrorism and Effective Death Penalty Act: Anti-Immigration Legislation Veiled in an Anti-Terrorism Pretext, Lisa C. Solbakken
The Attorney Signature Block on a Brief: A Jumping-Off Point for Discussing Ethics, Heidi K. Brown
The Baby Swallowed the Bathwater: A Rejoinder to Professor Wright, Aaron Twerski
The Barings Collapse: A Regulatory Failure, or a Failure of Supervision, Laura Proctor
The Boeing/McDonnell Douglas Merger Review: A Serious Stretch of European Competition Powers, Sondra Roberto
The Bre-X Stock Debacle: Why the Enactment of Canadian Federal Securities Legislation Would be Good as Gold, Jeffrey Lehman
The Brooklyn Museum Controversy and the Issue of Government-Funded Expression, Arthur N. Eisenberg
The Cart Before the Horse: Anticipatory Securities Regulation in Kazakhstan, Emil Bukhman
The Case Against All Encompassing Federal Mass Tort Legislation: Sacrifice Without Gain, Aaron Twerski and R. A. Sedler
The Cat That Catches Mice: China's Challenge to the Dominant Privatization Model, Lan Cao
The Central European Nations and the EU Waiting Room - Why Must the Central European Nations Adopt the Competition Law of the European Union, Eleanor M. Fox
The Changing Family Structure: Challenging Stepchildren's Lack of Inheritance Rights, Kim A. Feigenbaum
The Choice is (Not) Yours: Why the SEC Must Further Amend Its Rules of Practice to Increase Fairness in Administrative Proceedings, Madeline Ilibassi
The Choice of Law Provisions in the European Union Convention on Insolvency Proceedings, Nick Segal
The Cognitive Bases of Gender Bias, Virginia Valian
The Community Politics of Domestic Violence, Deborah M. Weissman
The Comparison of Court-Connected Mediation in Florida and Korea, Kwang-Taeck Woo
The Concept of Human Rights: The History and Meaning of its Politicization, Joy Gordon
The Concept of Securities Manipulation and Its Foundations in France and the USA, Hubert de Vauplane and Odile Simart
The Conoco Decision: Exclusive Review of Foreign-Trade Zones Board Determinations by the U.S. Court of International Trade, Robert J. Heilferty
The Conundrum of Voluntary Intoxication and Sex, Michal Buchhandler-Raphael
The Core of an Unqualified Case for Judicial Review: A Reply to Jeremy Waldron and Contemporary Critics, Alexander Kaufman and Michael B. Runnels
The Costs and Consequences of Incorrect Citations: European Law in the U.S. Supreme Court, Andrea Pin
The Critical Importance of Proving Market Impact in Sherman Act Antitrust Cases: A Review of the Second Circuit's Recent Antitust Decisions, David S. Copeland
The Cuban Democracy Act: Another Extraterritorial Act That Won't Work, Julia P. Herd
The Cybersecurity Threat: Compliance and the Role of Whistleblowers, Jennifer M. Pacella
The Death of Private Practice: How the Rising Cost of Healthcare is Destroying Physician Autonomy, Oliver Owaid
The Death Penalty and the Crisis of Criminal Justice in Russia, Robert A. Kushen
The Debtor-Patient: In Search of Non-Debt-Based Alternatives, Melissa B. Jacoby
The "Deference to the Agency" Doctrine: To What Extent Should It Apply to the Customs Service's Interpretation of a Tariff Term in Classification Cases?, Carla Garcia-Benitez
The Development of Judicial Jurisdiction in the United States: Part I, Harold L. Korn
The Discovery Rule: Allowing Adult Survivors of Childhood Sexual Abuse the Opportunity for Redress, Rosemarie Ferrante
The Distortionary Effect of Evidence on Primary Behavior, Alex Stein and Gideon Parchomovsky
"The Door That Never Opens"?: Capital Punishment and Post-Conviction Review of Death Sentences in the United States and Japan, Daniel H. Foote
The Dormant Commerce Clause: A Limit on Alien Land Laws, Mark Shapiro
The Duty of Loyalty and the Evolution of the Scope of Judicial Review, Dennis J. Block and Michael J. Maimone
The Effect of Customs Reconciliation on Taxable Income, Suzanne I. Offerman
The Effect of Customs Reconciliation on Taxable Income, Suzanne I. Offerman
The Effect of Diplomatic Immunity on Real Property Distribution Incident to Marital Dissolution Proceedings - Fernandez v. Fernandez, Andrew N. Goldman
The Effect of the International Monetary Fund Bailout on Emerging Growth Countries, Milena D. Makich-Macias
The Enforcement of Foreign Court Judgments in the People's Republic of China: What the American Lawyer Needs to Know, Ramon E. Reyes
The Epistemology of Corporate-Securities Lawyering: Beliefs, Biases and Organizational Behavior, Donald C. Langevoort
The Establishment Clause: A Constitutional Permission Slip for Religion in Public Education, Rena M. Bila
The European Approach to E-Commerce and Licensing, Francois Dessemontet
The European Community's View of the Uruguay Round: A Brief Perspective, Richard Wright
The European Union Convention on Insolvency Proceedings: An Overview and Comment, with U.S. Interest in Mind, Ian F. Fletcher
The Fall and Rise of Blame in American Tort Law, Anthony J. Sebok
The Fast Track and United States Trade Policy, Harold Hongju Koh
The Federal-State Corporate Law Relationship - A Response to Professor Seligman's Call for Federal Preemption of State Corporate Fiduciary Law, William T. Quillen
The Flawed Probabilistic Foundation of Law & Economics, Alex Stein
The Future of Computing Software in the Reverse Engineering War: Excessive Protection v. Innovation, Barbara J. Vining
The Gaelic Goetz: A Case of Self-Defense in Ireland, Stacy Caplow
The Gaps Between the Fingers of the Invisible Hand, Bailey Kuklin
The Gene Patenting Controversy: A Convergence of Law, Economic Interests, and Ethics, Daniel J. Kevles and Ari Berkowitz
The German Banking System - System of the Future?, Theodor Baums and Michael Gruson
The German Llewellyn, Michael Ansaldi
The Globalization of International Trade Litigation: AD/CVD Litigation - Which Forum and Which Law, Elizabeth C. Seastrum and Myles S. Getlan
The Global Market as Friend or Foe of Human Rights, Frank J. Garcia, Mark A.A. Warner and Steve Charnovitz, Jeffrey L. Dunoff
The Growing Threat to Middle Class Families, Elizabeth Warren
The Hidden World of Unconscious Bias and its Impact on the "Neutral" Workplace Investigator, Ashley Lattal
The Importance of International Cooperation in Forging Tax Policy, Hugh J. Ault
The Independent Doctrine of Ratification v. the Restatement and Mr. Seavey, Aaron Twerski
The Inevitability of Universal Banking, Jonathan R. Macey
The Information Technology Agreement: Building a Global Information Infrastructure While Avoiding Customs Classification Disputes: A Perspective for the Customs Practitioner, Joseph Tasker, Jr.
The International Criminal Court and Trial in Absentia, Daniel Brown
The International Parental Kidnapping Crime Act of 1993: The United States' Attempt to Get Our Children Back - How is it Working?, Jacqueline Golub
The Investor Confidence Game, Lynn A. Stout
The Iran and Libya Sanctions Act of 1996: A Thorn in the Side of the World Trading System, Michael A. Asaro
The Iraq-Kuwait Crisis: An Analysis of the Unresolved Issue of War Crimes Liability, Kenneth A. Williams
The Joint Tortfeasor Legislative Revolt: A Rational Response to the Critics, Aaron Twerski
The Judicial Vacancy Conundrum in the Ninth Circuit, Carl Tobias
The Last Poor Plunder from a Bleeding Land: The Failure of International Law to Protect Syrian Antiquities, Mackenzie Warner
The Legal Climate on Climate Change: The Fate of The EPA's Clean Power Plan after Michigan and UARG, Israel Katz
The Long and Winding "Road": How NEPA Noncompliance for Preservation Actions Protects the Environment, Katie Kendall
The Many Faces of Misuse: An Inquiry into the Emerging Doctrine of Comparative Causation, Aaron Twerski
The Margin of Appreciation in International Investment Law, Julian Arato
The Modern Antitrust Relevance of Oliver Wendell Holmes, Spencer Weber Waller
The National Agenda for Health Care Reform: What Does it Mean for Poor Americans?, Theodore R. Marmor
The Need for a Revitalized Common Law of the Workplace, William R. Corbett
The New Corporate Law, Joel Seligman
The New Doctrinalism: Implications for Evidence Theory, Alex Stein
The New Hungarian Banking Law: A Comparative Analysis of the Banking Regulations in Hungary and the European Community, Tracy E. Jung
The New Second Circuit Local Rules: Anatomy and Commentary, Jodi Balsam
The Notari Alternative: A Better Approach to the Square-Peg-Round-Hole Problem Found in Reverse Discrimination Cases, Brenda D. DiLuigi
Theoretical Perspectives on Women's Human Rights and Strategies for Their Implementation, Kathleen Mahoney
Theorizing the Immigrant Child: The Case of Married Minors, Medha D. Makhlouf
The Ottowa Treaty and Its Impact on U.S. Military Policy and Planning, Christian M. Capece
The Past, Present, and Future of Free Speech, Joel Gora
The Peculiar Quality Progress, Sheldon Leader
The Pitfall of Judicial Deference: Equal Protection of the Laws Fails Women in Lewis v. Thompson, Michele E. Kenney
The Political Economy of Decarbonization: A Research Agenda, Eric Biber, Nina Kelsey, and Jonas Meckling
The Political Process Argument for Overruling Quill, Edward A. Zelinsky
The Politics of the Products Liability Restatement, Aaron Twerski and J. A. Henderson
The Practice of Dissenting in the Second Circuit, Frank X. Altimari
The Principle of Legality and a Common Law Bill of Rights—Clear Statement Rules Head Down Under, Dan Meagher
The Prison Litigation Reform Act: The New Face of Court Stripping, John Boston
THE PRIVATIZATION PROCESS: Pensions Mis-Selling - The Lessons for Regulating Privatised Social Security, Richard Nobles and Julia Black
The Privilege Against Self-Incrimination Under Seige: Asherman v. Meachum, Mary A. Schein
The Privilege's Las Stand: The Privilege Against Self-Incrimination and the Right to Rebel Against the State, Michael S. Green
The Products Liability Restatement in the Courts: An Initial Assessment, Aaron Twerski and A. J. Henderson
The Profile: Designer Disclosure for Mutual Funds, Bevis Longstreth
The Proper Approach for Taxing the Income of Foreign Controlled Corporations, Robert J. Peroni
The Protection of Whales in International Law: A Perspective for the Next Century, Howard Scott Schiffman
The Psychology of Condemnation: Underlying Emotions and their Symbolic Expression in Condemning and Shaming, Sharon Lamb
The Public Policy Implications of Using Outcome Statistics, Mark V. Pauly
The Quality of the Judges Is What Counts in the End, John L. Gibbons
The Question Concerning Technology in Compliance, Sean J. Griffith
The Recognition of a Qualified Privilege for Non-Confidential Journalistic Materials: Good Intentions, Bad Law, Christopher J. Clark
The Regulation of Insider Trading in Italy, Eugenio Ruggiero
The Relational Contingency of Rights, Alex Stein and Gideon Parchomovsky
The Right to Democracy: A Qualitative Inquiry, Reginald Eztah
The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, Alex Stein and Daniel J. Seidmann
The Right to Silence Helps the Innocent: A Response to Critics, Alex Stein
The Risk of Financial Irresponsibility Under New York C.P.L.R. 1602(6): A Call for Reform, Joseph D. Zavaglia
The Rocky Road to Legal Reform: Improving the Language of Jury Instructions, Peter Tiersma
The Roots of Printz:: Proslavery Constitutionalism, National Law Enforcement, Federalism, and Local Cooperation, Paul Finkelman
The Schemas and Schemes in Sex Discrimination, Marianne LaFrance
The S.E.C. and Regulation of Foreign Private Issuers: Another Missed Opportunity at Meaningful Regulatory Change, Trig R. Smith
The Second Revolution in Informed Consent: Comparing Physicians to Each Other, Aaron Twerski and N. B. Cohen
The Single Publication Rule: One Action, Not One Law, Debra R. Cohen
The Sixth Abraham L. Pomerantz Lecture: Commentary on the Paper by Professor Dreyfuss, Pauline Newman
The Social Meaning of Shareholder Suits, James D. Cox
The Solicitation and Marketing of Securities Offerings Through the Internet, Lisa A. Mondschein
The Stumbling Three-Step, Burden-Shifting Approach in Employment Discrimination Cases, Kenneth R. Davis
The Subject and Object of Law, Lawrence Joseph
The Supreme Court and New Constitutional Eras, Stephen C. Halpern and Charles M. Lamb
The Supreme Court's Not So Clear Statement in: Equal Emplyment Opportunity Comm'n v. Arabian American Oil Co., James Matheiu
The Technological Expert in Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, and Alvin S. Weinstein
The Theory and Practie of Securities Disclosure, Edmund W. Kitch
The Tipping Point in the Law's Use of Science: The Epidemic of Scientific Sophistication That Began With DNA Profiling and Toxic Torts, David L. Faigman
The Tragendy of Bride Burning In India, Anshu Nangia
The Transformation of French Corporate Governance and United States Institutional Investors`, James A. Fanto
The Transformation of U.S. Banking and Finance: From Regulated Competition to Free-Market Receivership, Timothy A. Canova
The Under-Policed, I. Bennett Capers
The Uniform Adoption Act: Strengthening New York's Protection for Unwed Mothers, Michelle Cucuzza
The United States and International Nuclear Civil Liability, David A. Bagley
The United States Banking System, Edward L. Symons Jr.
The United States - "Capital" of the World: An Analysis of Why the United States Practices Capital Punishment While the International Tred is Towards its Abolition, Kristi Tumminello Prinzo
The Unworkability of Court-Made Enterprise Liability: A Reply to Geistfeld, Aaron Twerski and J. A. Henderson
The Use and Abuse of Comparative Negligence in Products Liability, Aaron Twerski
The Use and Abuse of Warnings in Products Liability -- Design Defect Litigation Comes of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, and H. R. Piehler
The U.S. Legal System: Common Values, Uncommon Procedures, Kristen Marie Hansen
The Value of Borrowed Art, Ronan Saref
The Value of Borrowed Art, Ronan Saref
The Vanishing Supervisor, James A. Fanto
The Vigor of Anti-Commandeering Doctrine in Times of Terror, Ann Althouse
The Widening of the Atlantic: Extradition Practices Between The United States and Europe, Keyle M. Medley
The Yellowstone Injunction, or "How to Vex Your Landlord Without Really Trying", David Frey
They Would Have Found it Anyway: United States v. Eng and the "Inevitable Subpoena", Anthony J. Girese
Through Seamless Webs and Forking Paths: Safeguarding Authors' Rights in Hypertext, Jenevra Georgini
Throwing Personal Jurisdiction Into the Pond: Mass-Tort Defendants' Rights Ripple Away in Ashley v. Abbott Laboratories, Michael F. Marchetti
Time Limits On Arbitrability of Securities Industry Disputes Under the Arbitration Rules of Self-Regulatory Organizations, Emil Bukhman
Timing Brady, Miriam H. Baer
To Bear Or Not to Bear: Reproductive Freedom As An International Human Right, Berta E. Hernandez
To Codify or Not to Codify - That is the Question: A Study of New York's Efforts to Enact an Evidence Code, Barbara C. Salken
Tort Jurisdiction in a Multilateral Convention: The Lessons of the Due Process Clause and the Brussels Convention, Ronald A. Brand
TORT LIABILITY: Contractor Duty to Third Parties Not in Privity: A Quasi-Tort Solution to the Vexing Problem of Victims of Nonfeasance, Andrew L. Weitz
Torts and Innovation, Alex Stein and Gideon Parchomovsky
Toward a Pragmatic Solution of Choice-of-Law Problems: At the Interface of Substance and Procedure, Aaron Twerski and R. G. Mayer
Toward a Theory of Medical Malpractice, Alex Stein
Toward Changing Models of Securities Arbitration, Edward Brunet
Toward Controlled Clinical Care Through Clinical Practice Guidelines: The Legal Liability For Developers and Issuers of Clinical Pathways, Megan L. Sheetz
Toward Gender Equality and Understanding: Recognizing That Same-Sex Sexual Harassment Is Sex Discrimination, Kara L. Gross
Towards a More Balanced Treatment of Bidder and Target Shareholders, Miriam Baer
Toward the Constitutional Protection of a Non-Testifying Defendant's Prearrest Silence, Michael R. Patrick
To Where Does One Attach the Horses?, Aaron Twerski
Trade and Taxation, Paul R. McDaniel
TRADE DRESS: The The Abercrombie Classifications and Determining the Inherent Distinctiveness of Product Configuration Trade Dress, Hermengegildo A. Isidro
TRADE DRESS: The The Abercrombie Classifications and Determining the Inherent Distinctiveness of Product Configuration Trade Dress, Hermengegildo A. Isidro
Trade, Labor, Law and Development: Opportunities and Challenges for Mexican Labor Arising from the North American Free Trade Agreement, Louise D. Williams
Trademarks and the Burdened Imagination, Graeme W. Austin
Trademarks and the Burdened Imagination, Graeme W. Austin
Trade Secrets, Extraterritoriality, and Jurisdiction, Robin Effron
Training the Ed Sparers of Tomorrow: Integrating Health Law Theory and Practice, David F. Chavkin
Transference of Liability: Employer Liability for Sexual Misconduct by Therapists, Linda Mabus Jorgenson and Pamela K. Sutherland
Treating Tax Issues Through Trade Regimes, Reuven S. Avi-Yonah
Treating the Untreatable: A Critique of the Proposed Pennsylvania Right to Treatment Law, Aaron Twerski
Treaty Aspects and Information Exchange, P. Ann Fisher
Treaty Interpretation and Constitutional Transformation: Informal Change in International Organizations, Julian Arato
Trying to Fit a Square Peg Into a Round Hole: Why Title II of the Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini
TWENTY-ONE YEAR INDEX, Journal Staff
Two Cheers for Specialization, Jeffrey W. Stempel
UNCITRAL'S Model Law on Cross-Border Insolvency: A Workable Protection for Transnational Investment at Last, Sara Isham
Understanding Mass Personal Injury Litigation: A Socio-Legal Analysis, Deborah R. Hensler and Mark A. Peterson
Understanding Wellness International Network, Ltd. v. Sharif: The Problems with Allowing Parties to Impliedly Consent to Bankruptcy Court Adjudication of Stern Claims, Elizabeth Jackson
Undue Influence: Corporate Political Speech, Power and the Initiative Process, David R. Lagasse
Unilateral Refusals to License Software: Limitations on the Right to Exclude and the Need for Compulsory Licensing, Catherine Parrish
United Kingdom Pensions Law Reform, George Walker
United States v. Chestman - Trading Securities on the Basis of Nonpublic Informaiton in Advance of a Tender Offer, Thomas Lee Hazen
United States v. Gelb: The Second Circuit's Disappointing Treatment of the Fair Cross-Section Guarantee, Mark A. Kornfeld
United States v. Georgescu: Special Aircraft Jurisdiction in the United States, Kate B. Enroth
United States v. Verdugo-Urquidez: Hands Across the Border - The Long Reach of United States Agents Abroad, and the Short Reach of the Fourth Amendment, Mindy Ann Oppenheim
Universal Banking and Financial Stability, Helen A. Garten
Unsexing the Fourth Amendment, I. Bennett Capers
Violence Against Women: Beyond the Limits of the Law, Moira L. McConnell
Warrants Without Probable Cause, Barry Jeffrey Stern
Waters v. Churchill: Government-Employer Efficiency, Judical Deference, and the Abandonment of Public-Employee Free Speech by the Supreme Court, Edward J. Velazquez
Wearables and Personal Health Data: Putting a Premium on Your Privacy, Alexandra Troiano
Welcome to the Dark Side: Liberals Rediscover Federalism in the Wake of the War on Terror, Ernest A. Young
"We Must Be Hunters of Meaning": Race, Metaphor, and the Models of Steven Winter, D. Marvin Jones
We're All in the Same Boat: Carnival Cruise Lines, Inc. v. Shute, Edward P. Gilbert
We're All Winners: Game Theory, The Adjusted Winner Procedure and Property Division at Divorce, Jeremy A. Matz
What Europe, Japan and Other Countries Can Learn from the New American Restatement of Products Liability, Aaron Twerski and J. A. Henderson
What it Really Means to Say "Law is Politics": Political History and Legal Argument in Bush v. Gore, Peter Gabel
What Would Learned Hand Do? Adapting to Technological Change and Protecting the Attorney-Client Privilege on the Internet, Joseph W. Wood
When ADR Eclipses Litigation: The Brave new World of Securities Arbitration, Norman S. Poser
When Inclusion Leads to Exclusion: The Uncharted Terrain of Community Participation in Economic Development, Audrey G. McFarlane
When is a Felony a Felony? Automatic Disbarment in New York After In re Johnston, David Weinreb
When Self Governance is a Game, Steven L. Winter
When Trying is Failing: Holmes "Englishness", Neil Duxbury
When Two Worlds Collide: Examining the Second Circuit's Reasoning in Admitting Evidence of Civil Settlements in Criminal Trials, Todd W. Blanche
When You Come to a Fork in the Road, Take it: Unifying the Split in New York's Analysis of In-House Attorney-Client Privilege, Thomas O'Connor
Where's the Fire?, Burt Neuborne
Whether, When and How to Tax the Profits of Controlled Foreign Corporations, John P. Steines, Jr.
Whiplash: Who's to Blame?, Valerie P. Hans and Juliet Dee
Who Let the Dogs Out—and While We’re at It, Who Said They Could Sniff Me?: How the Unregulated Street Sniff Threatens Pedestrians’ Privacy Rights, Jacey Lara Gottlieb
Who Should Have it Both Ways? The Role of Mitigating Measures in an ADA Analysis, Elizabeth A. Chang
Why Creditors File So Few Involuntary Petitions and Why the Number Is Not Too Small, Susan Block-Lieb
Why Do Law Students Insist That Article 2 of the Uniform Commercial Code Applies Only to Merchants and What Can We Do About It?, Scott J. Burnham
WHY PENSION REFORM? The United States: How to Deal with Uncovered Future Social Security Liabilities, Edward M. Gramlich
Wile E. Coyote, Acme Explosives and the First Amendment: The Unconstitutionality of Regulating Violence on Broadcast Television, Benjamin P. Deutsch
Will a New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski and J. A. Henderson
Will Convergence of Financial Disclosure Standards Change SEC Regulation of Foreign Issuers?, Roberta S. Karmel
Will Substitutes Under the Revised Uniform Probate Code, Grayson M.P. McCouch
Wiping the Slate… Dirty: The Inadequacies of Expungement as a Solution to the Collateral Consequences of Federal Convictions, Alexia Lindley Faraguna
With Liberty and Justice for All: An Essay on Agent Orange and Choice of Law, Aaron Twerski
Women's Rights as Human Rights - Rules, Realities and the Role of Culture: A Formula for Reform, Berta Esperanza Hernandez-Truyol
WORKFARE: Free Labor in the Name of Workfare: New York's Reaction to the Brukhman v. Giuliani Decision, Lauri Cohen
World Order in the Post-Cold War Era: The Relevance and Role of the United Nations After Fifty Years, Ibrahim J. Gassama
Wrecking the Law: How Article III of the Constitution of the United States Led to the Discovery of a Law of Standing to Sue in Nigeria, Tunde I. Ogowewo