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Submissions from 2011

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Causes, Consequences and Cures of Racial and Ethnic Disproportionality in Conviction and Incarceration Rates: An Introduction, Janet Moore

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Rethinking Discrimination Law, Sandra F. Sperino

The Politics of Clean Energy: Moving Beyond the Beltway, Joseph P. Tomain

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Perpetuating the Marginalization of Latinos: A Collateral Consequence of the Incorporation of Immigration Law into the Criminal Justice System, Yolanda Vazquez

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Realizing Padilla's Promise: Ensuring Noncitizen Defendants are Advised of the Immigration Consequences of a Criminal Convictions, Yolanda Vazquez

Submissions from 2010

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Crowdsourcing and Open Access: Collaborative Techniques for Disseminating Legal Materials and Scholarship, Timothy K. Armstrong

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Shrinking the Commons: Termination of Copyright Licenses and Transfers for the Benefit of the Public, Timothy K. Armstrong

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On Regulating Conflicts of Interest in the Credit Rating Industry, Lin (Lynn) Bai

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The Performance Disclosures of Credit Rating Agencies: Are They Effective Reputational Sanctions?, Lin (Lynn) Bai

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Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms, Lin (Lynn) Bai, James D. Cox, and Randall S. Thomas

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How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, Barbara Black

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Introduction: The SEC at 75, Barbara Black

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The U.S. as Reluctant Shareholder: Government, Business and the Law, Barbara Black

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The Pursuit of Perfection: Congressional Power to Enforce the Reconstruction Amendments, A. Christopher Bryant

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Wittgenstein Tests Mr. Justice Holmes: On Holmes's Proposal to Separate Legal Concepts from Moral Concepts, Thomas D. Eisele

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Social Justice Feminism, Kristin (Brandser) Kalsem and Verna L. Williams

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What Best to Protect Transsexuals from Discrimination: Using Current Legislation or Adopting a New Judicial Framework, S. Elizabeth Malloy

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Revisiting the Lyons Den: Summers v. Earth Island Institute's Misuse of Lyons's Realistic Threat of Harm Standing Test, Bradford Mank

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Summers v. Earth Island Institute Rejects Probabilistic Standing, But a 'Realistic Threat' of Harm is a Better Standing Test, Bradford Mank

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London Calling: Does the U.K.'s Experience with Individual Taxation Clash with the U.S.'s Expectations, Stephanie McMahon

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California Women: Trying to Use Federal Taxes to Put the 'Community' in Community Property, Stephanie H. McMahon

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Incompetence to Maintain a Divorce Action: When Breaking up Is Odd to Do, Douglas Mossman MD and Amanda N. Shoemaker

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A Modern Theory of Direct Corporate Liability for Title VII, Sandra F. Sperino

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The New Calculus of Punitive Damages for Employment Discrimination Cases, Sandra F. Sperino

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Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment, Yolanda Vazquez

Submissions from 2009

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Deterring "Double-Play" Manipulation in Financial Crisis: Increasing Transaction Cost as a Regulatory Tool, Lin (Lynn) Bai and Rujing Meng

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Eliminating Securities Fraud Class Actions Under the Radar, Barbara Black

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Protecting the Retail Investor in an Age of Financial Uncertainty, Barbara Black

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Reputational Damages in Securities Litigation, Barbara Black

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The Story of Hewlett-Packard, Barbara Black

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Do Differences in Pleadings Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses, James D. Cox, Randall S. Thomas, and Lin (Lynn) Bai

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Shining the Bright Light on Police Interrogation in America, Mark A. Godsey

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Standing and Future Generations: Does Massachusetts v. EPA Open Standing for Generations to Come?, Bradford Mank

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Standing and Statistical Persons: A Risk-Based Approach to Standing, Bradford Mank

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The Supreme Court's New Public-Private Distinction Under the Dormant Commerce Clause: Avoiding the Traditional Versus Nontraditional Classification Trap, Bradford Mank

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To Save State Residents: States' Use of Community Property for Federal Tax Reduction, Stephanie McMahon

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Law with a Life of Its Own: The Development of the Federal Income Tax Statutes through World War I, Stephanie H. McMahon

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Promoting, Prescribing, and Pushing Pills: Understanding the Lessons of Antipsychotic Drug Litigation, Douglas Mossman MD and Jill L. Steinberg

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'Steel in the Ground': Greening the Grid with the iUtility, Joseph P. Tomain

Submissions from 2008

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Fair Circumvention, Timothy K. Armstrong

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The Uptick Rule of Short Sale Regulation: Can It Alleviate Downward Price Pressure from Negative Earnings Shocks?, Lin (Lynn) Bai

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Should the SEC Be a Collection Agency for Defrauded Investors?, Barbara Black

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Working Toward Fair Treatment for Retail Investors, Barbara Black

When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, Barbara Black and Jill Gross

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The Empirical Judiciary, A. Christopher Bryant

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There Are Plaintiffs and...There Are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, James D. Cox, Randall S. Thomas, and Lin (Lynn) Bai

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Reconstructions: Historical Consciousness and Critical Transformation, Emily Houh, Kristin (Brandser) Kalsem, and Verna L. Williams

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Cracking the Egg: Which Came First -- Stigma or Affirmative Action?, Emily Houh, Angela Onwuachi-Willig, and Mary Campbell

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Should States Have Greater Standing Rights than Ordinary Citizens?: Massachusetts v. EPA's New Standing Test for States, Bradford Mank

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Complying with Export Laws without Importing Discrimination Liability: At Attempt to Integrate Employment Discrimination Laws and the Deemed Export Rules, Sandra F. Sperino

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The Disappearing Dilemma: Why Agency Principles Should Now Take Center Stage in Retaliation Cases, Sandra F. Sperino

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The First (Black) Lady, Verna L. Williams

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The Heart of the Game: Putting Race and Educational Equity at the Center of Title IX, Verna L. Williams

Submissions from 2007

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Presidential Signing Statements and Congressional Oversight, A. Christopher Bryant

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The Third Death of Federalism, A. Christopher Bryant

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Scholarship and Teaching after 175 Years, Gordon A. Christenson

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Reliability Lost, False Confessions Discovered, Mark A. Godsey

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After Gonzales v. Raich: Is the Endangered Species Act Constitutional under the Commerce Clause?, Bradford Mank

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Are Public Facilities Different from Private Ones?: Adopting a New Standard of Review for the Dormant Commerce Clause, Bradford Mank

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Can Plaintiffs Use Multinational Environmental Treaties as Customary International Law to Sue Under the Alien Tort Statute?, Bradford Mank

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Implementing Rapanos - Will Justice Kennedy's Significant Nexus Test Provide a Workable Standard for Lower Courts, Regulators and Developers?, Bradford Mank

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Title VI and the Warren County Protests, Bradford Mank

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Recreating Diversity in Employment Law by Debunking the Myth of the McDonnell Douglas Monolith, Sandra F. Sperino

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To a Point, Joseph P. Tomain

Submissions from 2006

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Digital Rights Management and the Process of Fair Use, Timothy K. Armstrong

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Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, Barbara Black

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Transforming Rhetoric into Reality: A Federal Remedy for Negligent Brokerage Advice, Barbara Black

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Tom Morawetz’s “Robust Enterprise”: Jurisprudence after Wittgenstein, Thomas D. Eisele

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Reformulating the Miranda Warnings in Light of Contemporary Law and Understandings, Mark A. Godsey

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Still, at the Margins, Emily Houh

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Toward Praxis, Emily Houh

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Anonymous Bloggers and Defamation: Balancing Interests on the Internet, S. Elizabeth Malloy

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Mental Health Courts and Title II of the ADA: Accessibility to State Court Systems for Individuals with Mental Disabilities and the Need for Diversion, S. Elizabeth Malloy

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Prudential Standing and the Dormant Commerce Clause: Why the 'Zone of Interests' Test Should Not Apply to Constitutional Cases, Bradford Mank

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Critique of Pure Risk Assessment or, Kant Meets Tarasoff, Douglas Mossman MD

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Flying without a Statutory Basis: Why McDonnell Douglas is Not Justified by any Statutory Construction Methodology, Sandra F. Sperino

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Sky Remains Intact: Why Allowing Subgroup Evidence is Consistent with the Age Discrimination in Employment Act, Sandra F. Sperino

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Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability under the Family and Medical Leave Act, Sandra F. Sperino

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Smart Energy Paths: How Willie Nelson Saved the Planet, Joseph P. Tomain

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On Being a Mentor, Verna L. Williams

Private Choices, Public Consequences: Public Education and Feminist Legal Theory, Verna L. Williams

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Reading, Writing, and Reparations: Systematic Reform of Public Schools as a Matter of Justice, Verna L. Williams

Submissions from 2005

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Brokers and Advisers-What’s in a Name?, Barbara Black

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The Elusive Balance Between Investor Protection and Wealth Creation, Barbara Black and Jill Gross

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After Georgia v. Ashcroft: The Primacy of Proportionality, Felix B. Chang

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Going Home to Stay: A Review of Collateral Consequences of Conviction, Post-Incarceration Employment, and Recidivism in Ohio, Marlaina Freisthler and Mark A. Godsey

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Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, Mark A. Godsey

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Critical Race Realism: Re-Claiming the Antidiscrimination Principle through the Doctrine of Good Faith in Contract Law, Emily Houh

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The Doctrine of Good Faith in Contract Law: A (Nearly) Empty Vessel?, Emily Houh

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Bankruptcy Reform and the Financial Well-Being of Women: How Intersectionality Matters in Money Matters, Kristin (Brandser) Kalsem

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A Scrivener's Error or Greater Protection of the Public: Does the EPA Have the Authority to Delist Low-Risk Sources of Carcinogens from Section 112's Maximum Achievable Control Technology Requirements?, Bradford Mank

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Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval and Gonzaga, Bradford Mank

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Standing and Global Warming: Is Injury to All Injury to None?, Bradford Mank

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Is Prosecution "Medically Appropriate"?, Douglas Mossman MD

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Disparate Impact of Negative Impact: Future of Non-Intentional Discrimination Claims Brought by the Elderly, Sandra F. Sperino

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Nuclear Futures, Joseph P. Tomain

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Rethinking Reform of Electricity Markets, Joseph P. Tomain

Submissions from 2004

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Chevron Deference and Agency Self-Interest, Timothy K. Armstrong

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Entering the U.S. Securities Markets: Regulation of Non-U.S. Issuers, Barbara Black

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Is Securities Arbitration Fair to Investors?, Barbara Black