Content Posted in 2011 | University of Cincinnati College of Law Scholarship and Publications | University of Cincinnati College of Law Research

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Content Posted in 2011

A Code of One's Own, Joseph P. Tomain

ADR: THE NEW EQUITY, Thomas Main

A FEW GOOD LAWS: WHY FEDERAL CRIMINAL LAW NEEDS A GENERAL ATTEMPT PROVISION AND HOW MILITARY LAW CAN PROVIDE ONE, Robert Wagner

A LEGAL FRAMEWORK FOR UNCOVERING IMPLICIT BIAS, Natalie Bucciarelli Pedersen

Alice in Legal Wonderland: A Cross-Examination of Gender, Race and Empire in Victorian Law and Literature, Kristin (Brandser) Kalsem

American Mining Congress v. Army Corps of Engineers: Ignoring Chevron and the Clean Water Act's Broad Purpose, Bradford Mank

Analyzing Government Regulation, Joseph P. Tomain and Sidney A. Shapiro

Application of Respondeat Superior Principles to Securities Fraud Claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), Barbara Black

APPLYING THE FOURTH AMENDMENT WHEN DNA COLLECTED FOR ONE PURPOSE IS TESTED FOR ANOTHER, Kelly Lowenberg

Are Anti-Retaliation Regulations in Title VI or Title IX Enforceable in a Private Right of Action: Does Sandoval or Sullivan Control This Question?, Bradford Mank

ARE HUMANS ANIMALS?: PATENT CLAIM CONSTRUCTION IN MARTEK BIOSCIENCES CORP. V. NUTRINOVA, INC., 579 F.3D 1363 (FED. CIR. 2009), Colleen Murphy

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

A REVALUATION OF CY PRES REDUX, Alberto Lopez

Atkins v. Virginia: A Psychiatric Can of Worms, Douglas Mossman MD

Attorneys' and Judges' Needs for Continuing Legal Education on Mental Disability Law: Findings from a Survey, Douglas Mossman MD and Marshall B. Kapp JD, MPH

ATTORNEY SELF-DISCLOSURE, Benjamin Cooper

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

BEFORE SCHOOL DISTRICTS GO BROKE: A PROPOSAL FOR FEDERAL REFORM, Kristi Bowman

Between Law and Virtue, Joseph P. Tomain and Barbara Watts

Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, S. Elizabeth Malloy

Bitter Knowledge: Socrates and Teaching by Disillusionment, Thomas D. Eisele

BLURRING THE LINES: WHEN THE “BEST INTERESTS OF THE CHILD” FALL TO THE WAYSIDE. AN ANALYSIS OF OHIO’S SERIOUS YOUTHFUL OFFENDER STATUTE, Emily Barth

“BREAKING UP IS HARD TO DO”: SHOULD FINANCIAL CONGLOMERATES BE DISMANTLED?, James Fanto

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

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

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

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

CLEAN SLATE: EXPANDING EXPUNGEMENTS AND PARDONS FOR NON-VIOLENT FEDERAL OFFENDERS, Lahny Silva

CONTEMPLATING THE ENDGAME: AN EVOLUTIONARY MODEL FOR THE HARMONIZATION AND CENTRALIZATION OF INTERNATIONAL SECURITIES REGULATION, Eric Chaffee

CONTRACT’S ADAPTATION AND THE ONLINE BARGAIN, Nancy Kim

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

Critical Interventions: Toward an Expansive Equality Approach to the Doctrine of Good Faith in Contract Law, Emily Houh

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

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

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

Dangerous Decisions: An Essay on the Mathematics of Clinical Violence Prediction and Involuntary Hospitalization, Douglas Mossman MD

DECEPTIVE LAWYERING, Douglas Richmond

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

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

Distributional Consquences of Environmental Regulation: Economics, Politics, and Environmental Policymaking, Joseph P. Tomain

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

DOES THE INTERNAL REVENUE SERVICE HAVE A DUTY TO TREAT SIMILARLY SITUATED TAXPAYERS SIMILARLY?, Christopher Pietruszkiewicz

DOMINGUEZ-COTA V. COOPER TIRE & RUBBER CO.: A CONVENIENT FORUM FOR ADDRESSING SUBJECT MATTER JURISDICTION, Ali Razzaghi

Do the United States Sentencing Guidelines Deprive Defendants of Due Process?, Bradford Mank

Economic Suicide: The Collision of Ethics and Risk in Securities Laws, Barbara Black and Jill Gross

Electricity Restructuring: A Case Study in Government Regulation, Joseph P. Tomain

Eliminating Securities Fraud Class Actions Under the Radar, Barbara Black

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

Environmental Justice and Title VI: Making Recipient Agencies Justify Their Siting Decisions, Bradford Mank

Establishing a Securities Arbitration Clinic: The Experience at Pace, Barbara Black

Fair Circumvention, Timothy K. Armstrong

Filling in the Gap Left by Congress: What is the Statute of Limitations for Private RICO Claims?, Barbara Black

FIXING PERLMAN: HOW THE MISAPPLICATION OF A 100-YEAR-OLD DOCTRINE THREATENS TO UNDERMINE MOHAWK INDUSTRIES, INC. V. CARPENTER, Matthew Wagner

FORCING COOPERATION: A STRATEGY FOR IMPROVING TAX COMPLIANCE, Rachelle Holmes

FORECLOSURE, SUBPRIME MORTGAGE LENDING, AND THE MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Christopher Peterson

Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, Barbara Black

FROM GAUDIN TO GILES: CONTEXT, EQUITY, AND THE ADMISSION OF “WORDS FROM THE GRAVE” AGAINST THE ACCUSED KILLER, Liza Karsai

From "Moral Stupidity" to Professional Responsibility, Thomas D. Eisele

GLOBALIZATION REPORT CARDS FOR SECURITIES REGULATORS: NATIONAL ENFORCEMENT OF INTERNATIONAL CAPITAL MARKET STANDARDS FOR INFORMATION SHARING AND COOPERATION AND THE PREVENTION OF FINANCIAL CRISES, Andrea Corcoran

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

GORDON GEKKO TO THE RESCUE?: INSIDER TRADING AS A TOOL TO COMBAT ACCOUNTING FRAUD, Robert Wagner

GROPING ALONG BETWEEN THINGS REAL AND THINGS PERSONAL: DEFINING FIXTURES IN LAW AND POLICY IN THE UCC, Marc Roark

HEEDLESS GLOBALISM: THE SEC’S ROADMAP TO ACCOUNTING CONVERGENCE, William Bratton

Hong Kong's Reformed Broker Contribution Rules, Lin (Lynn) Bai

HOT NEWS MISAPPROPRIATION: MORE THAN NINE DECADES AFTER INS V. AP, STILL AN IMPORTANT REMEDY FOR NEWS PIRACY, Elaine Stoll

“I CAN DO IT MYSELF”—AN ANALYSIS OF WHETHER COMPETENCY TO REPRESENT ONESELF AT TRIAL IS A “RESTORABLE RIGHT” WITHIN THE FRAMEWORK OF INDIANA V. EDWARDS, Emily Barth

IMPERFECT ALTERNATIVES: NETWORKS, SALIENCE, AND INSTITUTIONAL DESIGN IN FINANCIAL CRISES, Robert Ahdieh

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

INDEFINITE DETENTION OF SPECIALLY DANGEROUS REMOVABLE ALIENS: HERNANDEZ-CARRERA V. CARLSON AND THE IMPORTANCE OF AGENCY DEFERENCE, Kathleen Cassidy

IN LOCO PARENTIS IN THE PUBLIC SCHOOLS: ABUSED, CONFUSED, AND IN NEED OF CHANGE, Susan Stuart

INTRODUCTION: THE GLOBALIZATION OF SECURITIES REGULATION—COMPETITION OR COORDINATION?, Barbara Black

Introduction: The SEC at 75, Barbara Black

Introduction to Law, Ethics, and Affirmative Action in America, Joseph P. Tomain

Is a Textualist Approach to Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better than Judicial Literalism, Bradford Mank

Is Prosecution "Medically Appropriate"?, Douglas Mossman MD

Is Securities Arbitration Fair to Investors?, Barbara Black

Is Stock a Security? A Criticism of the Sale of Business Doctrine in Securities Fraud Litigation, Barbara Black

“IT’S NOT EASY BEING GREEN”: LOCAL INITIATIVES, PREEMPTION PROBLEMS, AND THE MARKET PARTICIPANT EXCEPTION, Michael Burger

JUDGES ARE ABUSING THEIR AUTHORITY TO DETERMINE OBVIOUSNESS BY APPLYING KSR WITHOUT CHANGING THE LEGAL STANDARD OF REVIEW, Colleen Murphy

JUDGE SHOPPING: TESTING WHETHER JUDGES’ POLITICAL ORIENTATIONS AFFECT CASE FILINGS, Ahmed Taha

JUDICIAL PREEMPTION OF PUNITIVE DAMAGES, Sandra F. Sperino

LAW AND THE PROBLEM OF PAIN, Michael Finch

Law, Literature, and Libel: Victorian Censorship of Dirty Filthy Books on Birth Control, Kristin (Brandser) Kalsem

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

Legal Context: Reading Statutes in Light of Prevailing Legal Precedent, Bradford Mank

Living "Off-Stage": The Semiotic Potential of Narrative in Paula Johnson's Inner Lives: Voices of African-American Women in Prison, Emily Houh

Looking for Law in All the Wrong Places: Outlaw Texts and Early Women's Advocacy, Kristin (Brandser) Kalsem

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

Making It Up as They Go Along: The Role of Law in Securities Arbitration, Barbara Black

Miranda's Final Frontier - the International Arena: A Critical Analysis of U.S. v. Bin Laden, and a Proposal for a New Miranda Exception Abroad, Mark A. Godsey

Must Virtue Be Taught?, Thomas D. Eisele

networkindustries.gov.reg, Joseph P. Tomain

Never Mind the Manner of My Speech: The Dilemma of Socrates' Defense in the Apology, Thomas D. Eisele

“NO CRYING IN BASEBALL”—AND NO MORE CRYING ON THE STOCK MARKETS: AN ALTERNATE-HYBRID APPROACH TO SELF-REGULATION, Jarad Hunter

Nuclear Futures, Joseph P. Tomain

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

"Our Real Need": Not Explanation, But Education, Thomas D. Eisele

Out-of-State Trash: Solid Waste and the Dormant Commerce Clause, Bradford Mank

Overcoming the Obstacles of Garrett: An as Applied Saving Construction for the ADA's Title II, S. Elizabeth Malloy and Timothy J. Cahill

Physician Restrictive Covenants: The Neglect of the Incompetent Patients' Interests, S. Elizabeth Malloy

“PLAUSIBLE CAUSE”?: HOW CRIMINAL PROCEDURE CAN ILLUMINATE THE U.S. SUPREME COURT’S NEW GENERAL PLEADING STANDARD IN CIVIL SUITS, Jesse Jenike-Godshalk

POLYAMORY AS A SEXUAL ORIENTATION, Ann Tweedy

PRESERVING RIGHTS OR PERPETUATING CHAOS: AN ANALYSIS OF OHIO’S PRIVATE CHALLENGERS OF VOTERS ACT AND THE SIXTH CIRCUIT’S DECISION IN SUMMIT COUNTY DEMOCRATIC CENTRAL AND EXECUTIVE COMMITTEE V. BLACKWELL, Dale Smith

PRESERVING THE CORPORATE ATTORNEY–CLIENT PRIVILEGE, Katrice Bridges Copeland

PRESERVING THE RIGHT TO A JURY TRIAL IN PUBLIC EMPLOYEE FREE SPEECH LITIGATION: THE PROTECTED STATUS OF SPEECH MUST BE LABELED A MIXED QUESTION OF LAW AND FACT, James Patrick

Presidential Signing Statements and Congressional Oversight, A. Christopher Bryant

Privacy and the Growing Plight of the Homeless: Reconsidering the Values Underlying the Fourth Amendment, Mark A. Godsey

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

Protecting the Environment for Future Generations: A Proposal for a Republican Superagency, Bradford Mank

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

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

Quirin Revisited, A. Christopher Bryant and Carl Tobias

Racketeer Influenced and Corrupt Organizations (RICO)—Securities and Commercial Fraud as Racketeering Crime after Sedima: What is a "Pattern of Racketeering Activity"?, Barbara Black

Reading the Law in the Office of Calvin Fletcher: The Apprenticeship System and the Practice of Law in Frontier Indiana, A. Christopher Bryant

Recalibrating the Cost of Harm Advocacy: Getting beyond Brandenburg, S. Elizabeth Malloy and Ronald Krotoszynski Jr

RECONSIDERING CONTRACTUAL WAIVERS OF THE RIGHT TO A JURY TRIAL IN FEDERAL COURT, Amanda Szuch

RECONSTRUCTING FAULT: THE CASE FOR SPOUSAL TORTS, Pamela Laufer-Ukeles

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

Reforming State Brownfield Programs to Comply with Title VI, Bradford Mank

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

“REGISTRATION . . . MEANS A REGISTRATION”: A CRITIQUE OF THE NINTH CIRCUIT’S ADOPTION OF THE “APPLICATION APPROACH” TO COPYRIGHT REGISTRATION IN COSMETIC IDEAS, INC. V. IAC/INTERACTIVECORP, Greg Darley-Emerson

Reliability Lost, False Confessions Discovered, Mark A. Godsey

Remanding to Congress: The Supreme Court's New ʺOn the Recordʺ Constitutional Review of Federal Statutes, A. Christopher Bryant and Timothy J. Simeone

Reputational Damages in Securities Litigation, Barbara Black

Rethinking Reform of Electricity Markets, Joseph P. Tomain

RETHINKING TAX PRIORITIES: MARRIAGE NEUTRALITY, CHILDREN, AND CONTEMPORARY FAMILIES, James Puckett

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

Retroactive Application of "New Rules" and the Antiterrorism and Effective Death Penalty Act, A. Christopher Bryant

REVITALIZING THE ADVERSARY SYSTEM IN FAMILY LAW, Jane Murphy

RHETORIC AND REALITY: A HISTORICAL PERSPECTIVE ON THE REGULATION OF FOREIGN PRIVATE ISSUERS, Steven Davidoff

SEX CHANGES EVERYTHING, BUT THE TRADEMARK DILUTION REVISION ACT SHOULDN’T: V SECRET CATALOGUE, INC. V. MOSELEY AND THE BURDEN OF PROOF IN TRADEMARK DILUTION ACTIONS, Greg Horn

SHAREHOLDERS IN THE JURY BOX: A POPULIST CHECK AGAINST CORPORATE MISMANAGEMENT, Ann Scarlett

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

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

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

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

SINGING A DIFFERENT TUNE: WAS THE SIXTH CIRCUIT JUSTIFIED IN CHANGING THE PROTECTION OF SOUND RECORDINGS IN BRIDGEPORT MUSIC, INC. V. DIMENSION FILMS?, Jeffrey Kersting

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

SMO’ MONEY, MO’ PROBLEMS: SHOULD APPELLATE COURTS HAVE NONPARTY JURISDICTION OVER LAWYERS’ APPEALS FROM NONMONETARY SANCTIONS?, David Simon

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

Something Borrowed, Something Blue: Why Disability Law Claims Are Different, S. Elizabeth Malloy

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

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

STATE SOVEREIGN IMMUNITY AND THE LAW OF NATIONS: INCORPORATING A COMMERCIAL ACT EXCEPTION INTO ELEVENTH AMENDMENT SOVEREIGN IMMUNITY, Julian Yap

Statutory Supplement to Employment Discrimination: A Context and Practice Casebook, Susan Grover, Sandra F. Sperino, and Jarod S. Gonzalez

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

Still, at the Margins, Emily Houh

Stopping Time: The Pro-Slavery and 'Irrevocable' Thirteenth Amendment, A. Christopher Bryant

Strange Case of Fraud on the Market: A Label in Search of a Theory, Barbara Black

STRANGERS WITH OUR FACES: HOW THE COMMUNICATIONS DECENCY ACT CAN PREVENT RIGHT OF PUBLICITY STUNTS, Ericka Spears

Suing Under §1983: The Future after Gonzaga v. Doe, Bradford Mank

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

Superfund Contractors and Agency Capture, Bradford Mank

Symposium Introduction: Women's Work Is Never Done: Employment, Family, and Activism, Kristin (Brandser) Kalsem and Verna L. Williams

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

TAINTED LOANS: THE VALUE OF A MASS TORTS APPROACH IN SUBPRIME MORTGAGE LITIGATION, Raymond Brescia

Taking Our Actual Constitution Seriously, Thomas D. Eisele

Taming Terrorists but Not "Natural Born Killers", S. Elizabeth Malloy

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

TERRITORIALITY AS A REGULATORY TECHNIQUE: NOTES FROM THE FINANCIAL CRISIS, Chris Brummer

Textualism's Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deference to Executive Agencies, Bradford Mank

The Activity of Being a Lawyer: The Imaginative Pursuit of Implications and Possibilities, Thomas D. Eisele

THE ALLURE AND ILLUSION OF PARTNERS’ INTERESTS IN A PARTNERSHIP, Bradley Borden

THE CIVILITY-POLICE: THE RISING NEED TO BALANCE STUDENTS’ RIGHTS TO OFF-CAMPUS INTERNET SPEECH AGAINST THE SCHOOL’S COMPELLING INTERESTS, James Patrick

THE COMPLEXITY OF COMPLEXITY: AN EMPIRICAL STUDY OF JUROR COMPETENCE IN CIVIL CASES, Matthew Reiber

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

The Dominant Model of United States Energy Policy, Joseph P. Tomain

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

The Empirical Judiciary, A. Christopher Bryant

The Environmental Protection Agency's Project XL and Other Regulatory Reform Initiatives: The Need for Legislative Authorization, Bradford Mank

The European Human Rights System, James W. Hart

The Four Failures of the Political Economy, Joseph P. Tomain

THE HELTER SKELTER APPLICATION OF THE REVERSE PIERCING DOCTRINE, Michael Richardson

THE HIDDEN ROLE OF COST: MEDICARE DECISIONS, TRANSPARENCY AND PUBLIC TRUST, Jacqueline Fox

THE IMPROPER APPLICATION OF THE CLEAR AND CONVINCING STANDARD OF PROOF: ARE BANKRUPTCY COURTS DISTORTING ACCEPTED RISK ALLOCATION SCHEMES?, Samir Parikh

The Innocence Revolution and our "Evolving Standards of Decency" in Death Penalty Jurisprudence, Mark A. Godsey and Thomas Pulley

The Interaction of the ADA, the FMLA, and Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy

The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, Barbara Black

THE IRREPRESSIBLE MYTH OF KLEIN, Howard Wasserman

The Legal Imagination and Language: A Philosophical Criticism, Thomas D. Eisele

The Murky Future of the Clean Water Act after SWANCC: Using a Hydrological Connection Approach to Saving the Clean Water Act, Bradford Mank

THE MYSTERIES OF PREGNANCY: THE ROLE OF LAW IN SOLVING THE PROBLEM OF UNKNOWN BUT KNOWABLE MATERNAL–FETAL MEDICATION RISK, Kate Greenwood

The Myth of Meritocracy, and the Silencing of Minority Voices: The Need for Diversity on America's Law Reviews, Mark A. Godsey

THE NEED FOR A REVITALIZED REGULATORY SCHEME TO ADDRESS WORKPLACE BULLYING IN THE UNITED STATES: HARNESSING THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT, Susan Harthill

The New Frontier of Constitutional Confession Law - the International Arena: Exploring the Admissibility of Confessions Taken by U.S. Investigators from Non-Americans Abroad, Mark A. Godsey

THE “OTHER” PARENT: PROTECTING THE RIGHTS OF NONCUSTODIAL PARENTS IN EMERGENCY REMOVAL SITUATIONS, Lindsay Mather

The Past and Future of Electricity Regulation, Joseph P. Tomain

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

THE PLAIN (OR NOT SO PLAIN) VIEW DOCTRINE: APPLYING THE PLAIN VIEW DOCTRINE TO DIGITAL SEIZURES, Kate Brueggemann Ward

The Poverty of Socratic Questioning: Asking and Answering In The Meno, Thomas D. Eisele

The Psychiatrist and Execution Competency: Fording Murky Ethical Waters, Douglas Mossman MD

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

The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, Barbara Black

The Story of Hewlett-Packard, Barbara Black

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

The Third Death of Federalism, A. Christopher Bryant

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

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

Title VI and the Warren County Protests, Bradford Mank

To a Point, Joseph P. Tomain

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

TO TWEET OR NOT TO TWEET: TWITTER, “BROADCASTING,” AND FEDERAL RULE OF CRIMINAL PROCEDURE 53, Jacob Dean

Toward Praxis, Emily Houh

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

Unbuckling the Chemical Straitjacket: The Legal Significance of Recent Advances in the Pharmacological Treatment of Psychosis, Douglas Mossman MD

UNDUE HARDSHIP IN THE BANKRUPTCY COURTS: AN EMPIRICAL ASSESSMENT OF THE DISCHARGE OF EDUCATIONAL DEBT, Rafael Pardo

UNITED STATES V. EXTREME ASSOCIATES, INC.: THE SUBSTANTIVE DUE PROCESS DEATH OF OBSCENITY LAW, Jennie Arnold

UNLAWFUL REPRIEVE: AN ANALYSIS OF THE CONSTITUTIONALITY OF SECTION 747 OF THE CONSOLIDATED APPROPRIATIONS ACT, J.Michael Morgalis

UNSTACKING THE DECK? CONTRACT MANIPULATION AND CREDIT CARD ACCOUNTABILITY, Eric Zacks

Walking the Edge of Death: An Annotated Bibliography on Juveniles, the Mentally Ill, and the Death Penalty, Susan M. Boland

What Comes after Technology: Using an Exceptions Process to Improve Residual Risk Regulation of Hazardous Air Pollutants, Bradford Mank

What Mcdonald Means for Unenumerated Rights, A. Christopher Bryant

What We Share, Thomas D. Eisele

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

When Terry Met Miranda: Two Constitutional Doctrines Collide, Mark A. Godsey

WHEN THE EXCEPTION BECOMES THE RULE: MARSH AND SECTARIAN LEGISLATIVE PRAYER POST-SUMMUM, Scott Gaylord

Whose Federalism, S. Elizabeth Malloy

WINDSHIELD LEAFLETING ORDINANCES: A PERMISSIBLE USE OF LOCAL GOVERNMENT AUTHORITY?, Tony Bickel

Wittgenstein's Instructive Narratives: Leaving the Lessons Latent, Thomas D. Eisele

Working Toward Fair Treatment for Retail Investors, Barbara Black

Youngstown Revisited, A. Christopher Bryant and Carl Tobias

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