Submissions from 2013
In Defense of "Super PACs" and of the First Amendment, Joel Gora
A Happiness Approach to Cost-Benefit Analysis, Andrew K. Jennings and Andrew T. Foglia
Will Law Firms Go Public, Roberta S. Karmel
Changed Circumstances: The Federal Rules of Civil Procedure and the Future of Institutional Reform Litigation after Horne v. Flores, Catherine Y. Kim
Just Undercompensation: The Idiosyncratic Premium n Eminent Domain, Brian A. Lee
The Architecture of Ignorance, Gregg P. Macey
The Architecture of Ignorance, Gregg P. Macey
Bill Suter: General, Ambassador, Tulanian, David D. Meyer
Family Law Equality at a Crossroads, David D. Meyer
A Numerus Clausus Principle for Intellectual Property, Christina Mulligan
Technological Intermediaries and Freedom of the Press, Christina Mulligan
The Real Issue Behind Stanford v. Roche: Faulty Conceptions of University Assignment Policies Stemming from the 1947 Biddle Report, Sean O'Connor
Grand Bargains for Big Data: The Emerging Law of Health Information, Frank Pasquale
Privacy, Antitrust, and Power, Frank Pasquale
The Emperor's New Loans: A Cautionary Tale from the Subprime Era, David J. Reiss
Cleaning Up the Financial Crisis of 2008: Prosecutorial Discretion or Prosecutorial Abdication?, David J. Reiss and Bradley T. Borden
Dirty REMICs, Revisited, David J. Reiss and Bradley T. Borden
Once a Failed REMIC, Never a REMIC, David J. Reiss and Bradley T. Borden
Dirt Lawyers and Dirty REMICs: A Debate, David J. Reiss, Bradley T. Borden, and Joshua Stein
Removing Removal's Unanimity Rule, Jayne Ressler
Casual Ostracism: Jury Exclusion on the Basis of Criminal Convictions, Anna Roberts
From the Editor: Passing the Torch, Janet Sinder
Green Leasing - It's Not Just about Capital Expenditures, Richard J. Sobelsohn
Intuition versus Algorithm: The Case of Forensic Authorship Attribution, Lawrence Solan
Are People Probabilistically Challenged?, Alex Stein
Evidence, Probability, and the Burden of Proof, Alex Stein and Ronald J. Allen
Intellectual Property Defenses, Alex Stein and Gideon Parchomovsky
Government Nonedorsement, Nelson Tebbe
The Costs of Consistency: Precedent in Investment Treaty Arbitration, Irene M. Ten Cate
The 9/11 Litigation Database: A Recipe for Judicial Management, Aaron D. Twerski; Judge Alvin K. Hellerstein; and James A. Henderson, Jr.
Sufficiency of the Evidence Does Not Meet Daubert Standards: A Critique of the Green-Sanders Proposal, Aaron Twerski and Lior Sapir
Originalism and the Other Desegregation Decision, Ryan Williams
Submissions from 2012
Book Review, Back to the Future, William Araiza
Playing Well with Others - But Still Winning: Chief Justice Roberts, Precedent, and the Possibilities of a Multi-Member Court, William Araiza
Back to the Future (reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza
The Public Trust Doctrine as an Interpretive Canon., William D. Araiza
Constitutional Transformation in the ECtHR: Strasbourg’s Expansive Recourse to External Rules of International Law, Julian Arato
Choosing Punishment, Miriam H. Baer
Some Thoughts on the Porous Boundary between Ordinary and Extraordinary Fraud, Miriam H. Baer
Real Remedies for Virtual Injuries, Anita Bernstein
The Attorney Signature Block on a Brief: A Jumping-Off Point for Discussing Ethics, Heidi K. Brown
The "Silent But Gifted" Law Student: Transforming Anxious Public Speakers into Well-Rounded Advocates, Heidi K. Brown
Defining Inchoate Crime: An Incomplete Attempt, Michael T. Cahill
Politics and Punishment: Reactions to Markel's Political Retributivism, Michael T. Cahill
Politics and Punishment: Reactions to Markel's Political Retributivism, Michael T. Cahill
Blind Justice, Bennett Capers
Enron, DOMA, and Spousal Privileges: Rethinking the Marriage Plot, Bennett Capers
After the Flood: The Legacy of the "Surge" of Federal Immigration Appeals, Stacy Caplow
Neither Rules nor Standards, Steven A. Dean
The Tax Expenditure Budget is a Zombie Accountant, Steven A. Dean
Letting the Perfect Become the Enemy of the Good: The Relatedness Problem in Personal Jurisdiction, Robin Effron
The Shadow Rules of Joinder, Robin Effron
Hitting the Wall as a Legal Writer, Elizabeth Fajans
The Justices and News Judgment: The Supreme Court as News Editor, Amy Gajda
Adolescents in Society: Their Evolving Legal Status, Introduction, Cynthia Godsoe
Just Intervention: Differential Response in Child Protection, Cynthia Godsoe
Dynamic Fiduciary Duties, Andrew S. Gold
Theories of the Firm and Judicial Uncertainty, Andrew S. Gold
Portrait of a Judge: Judith S. Kaye, Dichotomies, and State Constitutional Law, Susan Herman
Respectable Queerness, yuvraj joshi
IOSCO's Response to the Financial Crisis, Roberta S. Karmel
IOSCO's Response to the Financial Crisis, Roberta S. Karmel
Policing School Discipline, Catherine Y. Kim
Unintentional Punishment, Adam J. Kolber
Scaling the Patent System, Christina Mulligan and Timothy B. Lee
Hired to Invent vs. Work Made for Hire: Resolving the Inconsistency Among Rights of Corporate Personhood, Authorship, and Inventorship, Sean O'Connor
Patents as Promoters of Competition: The Guild Origins of Patent Law in the Venetian Republic, Sean O'Connor
Taking, Tort, or Crown Right? The Confused Early History of Government Patent Policy, Sean O'Connor
Accountable Care Organizations in the Affordable Care Act, Frank Pasquale
Democracy and Productivity: The Glass-Steagall Act and the Shifting Discourse of Financial Regulation, K. Sabeel Rahman
Consumer Protection Out of the Shadows of Shadow Banking: The Role of the Consumer Financial Protection Bureau, David Reiss
Message in Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss
Reforming the Residential Mortgage-Backed Securities Market, David Reiss
Three Principles for Federal Housing Policy, David Reiss
Wall Street Rules Applied to REMIC Classification, David Reiss and Bradley T. Borden
Beneficial Ownership and the REMIC Classification Rules, David J. Reiss and Bradley T. Borden
Disparately Seeking Jurors: Disparate Impact and the (Mis)Use of Batson, Anna Roberts
(Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias, Anna Roberts
The Development of Domestic Violence as a Field: Honoring Clare Dalton, Elizabeth Schneider and Cheryl Hanna
The AALS Section on Women in Legal Education: The Past and the Future, Elizabeth M. Schneider
Lawyers as Insincere (but Truthful) Actors, Lawrence M. Solan
Corrupt Intentions: Bribery, Unlawful Gratuity, and Honest-Services Fraud, Alex Stein
Toward a Theory of Medical Malpractice, Alex Stein
The Relational Contingency of Rights, Alex Stein and Gideon Parchomovsky
International Arbitration and the Ends of Appellate Review, Irene M. Ten Cate
Managerial Judging: The 9/11 Responders' Tort Litigation, Aaron D. Twerski; Judge Alvin K. Hellerstein; and James A. Henderson, Jr
Submissions from 2011
Apoplectic about Hyperlexis, William Araiza
Citizens United, Stevens, and Humanitarian Law Project: First Amendment Rules and Standards in Three Acts, William Araiza
Citizens United, Stevens and Humanitarian Law Project: First Amendment Rules and Standards in Three Acts, William D. Araiza
Justice Stevens and Constitutional Adjudication: The Law Beyond the Rules., William D. Araiza
Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, and the Possibilities of a Multi Member Court, William D. Araiza
Cooperation's Cost, Miriam H. Baer
The New Second Circuit Local Rules: Anatomy and Commentary, Jodi Balsam
The 2x2 Matrix of Tort Reform's Distributions, Anita Bernstein
Toward More Parsimony and Transparency in "The Essentials of Marriage", Anita Bernstein
Reparations, Microfinance, and Gender: A Plan, with Strategies for Implementation, Anita Bernstein and Hans D. Siebel
The Allure and Illusion of Partners' Interests in a Partnership, Bradley T. Borden
The Allure and Illusion of Partners' Interests in a Partnership, Bradley T. Borden