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University of Cincinnati College of Law Scholarship and Publications

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    Content Posted in 2011

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    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

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    A LEGAL FRAMEWORK FOR UNCOVERING IMPLICIT BIAS, Natalie Bucciarelli Pedersen

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

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

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

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

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

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    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

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

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    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

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

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    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

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    ATTORNEY SELF-DISCLOSURE, Benjamin Cooper

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

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

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

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

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    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

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

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

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

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

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

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

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    CONTRACT’S ADAPTATION AND THE ONLINE BARGAIN, Nancy Kim

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

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

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

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

     

    DECEPTIVE LAWYERING, Douglas Richmond

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

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

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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

     

    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

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

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

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

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    Eliminating Securities Fraud Class Actions Under the Radar, Barbara Black

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

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

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

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    Fair Circumvention, Timothy K. Armstrong

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

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

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

     

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

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

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

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

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    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

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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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    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

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

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

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

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    “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

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

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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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    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

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

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    Introduction: The SEC at 75, Barbara Black

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

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

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    Is Prosecution "Medically Appropriate"?, Douglas Mossman MD

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    Is Securities Arbitration Fair to Investors?, Barbara Black

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    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

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    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

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

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

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

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

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

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    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

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    Must Virtue Be Taught?, Thomas D. Eisele

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    networkindustries.gov.reg, Joseph P. Tomain

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    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

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    Nuclear Futures, Joseph P. Tomain

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

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

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

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

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

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

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    POLYAMORY AS A SEXUAL ORIENTATION, Ann Tweedy

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    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

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    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

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    Presidential Signing Statements and Congressional Oversight, A. Christopher Bryant

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

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

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

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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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    Quirin Revisited, A. Christopher Bryant and Carl Tobias

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

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

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

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

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

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

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

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

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    “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

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    Reliability Lost, False Confessions Discovered, Mark A. Godsey

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

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    Reputational Damages in Securities Litigation, Barbara Black

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    Rethinking Reform of Electricity Markets, Joseph P. Tomain

     

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

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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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    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

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

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    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

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

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

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    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

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    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

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

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

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

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    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

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

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

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    Still, at the Margins, Emily Houh

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

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

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

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    Suing Under §1983: The Future after Gonzaga v. Doe, 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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    Superfund Contractors and Agency Capture, Bradford Mank

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

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    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

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    Taking Our Actual Constitution Seriously, Thomas D. Eisele

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

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

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

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

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

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

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    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

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

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

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

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    The Empirical Judiciary, A. Christopher Bryant

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

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    The European Human Rights System, James W. Hart

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

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

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    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

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

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

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

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    THE IRREPRESSIBLE MYTH OF KLEIN, Howard Wasserman

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

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

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

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    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

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    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

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

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

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

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

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

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

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

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    The Story of Hewlett-Packard, Barbara Black

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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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    The Third Death of Federalism, A. Christopher Bryant

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

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    Title VI and the Warren County Protests, Bradford Mank

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    To a Point, Joseph P. Tomain

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

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

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    Toward Praxis, Emily Houh

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

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    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

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    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

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

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

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    What Mcdonald Means for Unenumerated Rights, A. Christopher Bryant

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    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

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

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

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    Whose Federalism, S. Elizabeth Malloy

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

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

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    Working Toward Fair Treatment for Retail Investors, Barbara Black

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    Youngstown Revisited, A. Christopher Bryant and Carl Tobias

 
 
 

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