Michigan Law Review
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Children of Choice: Freedom and the New Reproductive Technologies.
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Atticus Finch, in contest.
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A Modern Legal Ethics: Adversary Advocacy in a Democratic Age.
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STILL SEARCHING FOR ZORA NEALE HURSTON.(Their Eyes Were Watching God)
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FIGHTING FOREIGN-CORPORATE POLITICAL ACCESS: APPLYING CORPORATE VEIL-PIERCING DOCTRINE TO DOMESTIC-SUBSIDIARY CONTRIBUTIONS
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The appropriations power and sovereign immunity.
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THE SHADOW OF THE LAW OF THE POLICE.(Shielded: How the Police Became Untouchable)
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Inside the Castle: Law and the Family in 20th Century America.
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Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector.
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Antitrust balancing in a (near) Coasean world: the case of franchise tying contracts.
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Are trojan horse union organizers 'employees?': a new look at deference to the NLRB's interpretation of NLRA section 2(3).
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Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom.
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Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees.
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Arbitration Waiver and Prejudice.
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PUBLIC PATENT POWERS.
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WHAT IS A PRISON?(The Idea of Prison Abolition)
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TORT LAW AND CIVIL RECOURSE.
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Practice makes perfect? An empirical study of claim construction reversal rates in patent cases.
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AKHIL AMAR'S UNUSABLE PAST.
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The Disability-Employability Divide: Bottlenecks to Equal Opportunity
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Erratum.
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THE UNEASY CASE FOR PATENT LAW.
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Internalizing outsider trading.
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Not All Black and White: Affirmative Action, Race, and American Values.
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Is HIV 'extraordinary'?
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THE THREE LIVES OF JAMES MADISON: GENIUS, PARTISAN, PRESIDENT.
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Evaluating punishment in purgatory: the need to separate pretrial detainees' conditions-of-confinement claims from inadequate Eighth Amendment analysis.
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Sincere and strategic voting norms on multimember courts.
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Rights and wrongs.
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Private attorneys general and the First Amendment.
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Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses.
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Federal common law and gaps in federal statutes: the case of ERISA plan limitation periods for section 502(a)(1)(B) actions.
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God vs. The Gavel: Religion and the Rule of Law.
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Sexual Orientation and Human Rights: The United States Constitution, the European Convention and the Canadian Charter.
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Gender and Law: Theory, Doctrine, Commentary.
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Living on the Edge: The Realities of Welfare in America.
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Lawmaking by Initiative: Issues, Options, and Comparisons.
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BEYOND PROFIT MOTIVES.(The Profit Motive: Defending Shareholder Value Maximization)
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THE ART OF THE REVIEW.(FOREWORD)
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HOLDING ON TO CLARITY: RECONCILING THE FEDERAL KIDNAPPING STATUTE WITH THE TRAFFICKING VICTIMS PROTECTION ACT
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Citizen suits under the Resource Conservation and Recovery Act: plotting abstention on a map of federalism.
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ORDERS WITHOUT LAW.(The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic)
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A DEMOCRACY STORY: REFRAMING A FREE SPEECH LANDMARK.(Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan)
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THE DORMANT POWER OF STATE AGENCIES TO FIGHT ENVIRONMENTAL RACISM.
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An implied cause of action under the Real Estate Settlement Procedures Act.
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Failed Revolutions: Social Reform and the Limits of Legal Imagination.
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The free exercise of religion and public schools: the implications of hybrid rights on the religions upbringing of children.
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Transcendental deconstruction, transcendent justice.
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Books Received.
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A blended approach to reducing the costs of shareholder litigation.
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The Passions of Law.
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Gaylaw: Challenging the Apartheid of the Closet.
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THE OUTCOME OF INFLUENCE: HITLER'S AMERICAN MODEL AND TRANSNATIONAL LEGAL HISTORY.
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Suburbs as exit, suburbs as entrance.
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Shutting Out Noise and Understanding Artificial Intelligence.("Noise: A Flaw in Human Judgment," "You Look Like a Thing and I Love You: How Artificial Intelligence Works and Why It's Making the World a Weirder Place")
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Toward a motivating factor test for individual disparate treatment claims.
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A financial economic theory of punitive damages.
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Legal fictions in Pierson v. Post.
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There's no "I" in "league": professional sports leagues and the single entity defense.
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Valuing control.
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The dormant Commerce Clause and state-mandated preference laws in public contracting: developing a more substantive application of the market-participant exception.
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The Tyranny of the Majority: Fundamental Fairness in Representative Democracy.
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Women Don't Ask: Negotiation and the Gender Divide.
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Phoebe's lament.
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Mark(et)ing nondiscrimination: privatizing ENDA with a certification mark.
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Originalism and the Good Constitution.
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CIVIL RIGHTS IN TIMES OF UNCERTAINTY (THE ANTHROPOCENE).
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A capital market, corporate law approach to creditor conduct.
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THROUGH A GLASS, DARKLY: SYSTEMIC RACISM, AFFIRMATIVE ACTION, AND DISPROPORTIONATE MINORITY CONTACT.
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Minimum Virtual Contacts: A Framework for Specific Jurisdiction in Cyberspace.
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The Financial Crisis Inquiry Report: Final Report of the National Commission on the Causes of the Financial and Economic Crisis in the United States.
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Delegating tax.
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Postmodern Legal Movements: Law and Jurisprudence at Century's End.
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Six Amendments: How and Why We Should Change the Constitution.
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Preemption and textualism.
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Justice Lewis F. Powell, Jr.: A Biography.
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Private order and public institutions.
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Attainder and Amendment 2: Romer's rightness.
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Regulating electricity-market manipulation: a proposal for a new regulatory regime to proscribe all forms of manipulation.
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THE NCAA'S SPECIAL RELATIONSHIP WITH STUDENT-ATHLETES AS A THEORY OF LIABILITY FOR CONCUSSION-RELATED INJURIES.
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ON THE GENEALOGY OF INTIMATE DIGITAL HARM.(The Fight for Privacy: Protecting Dignity, Identity and Love in the Digital Age)
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THE DOCTRINE OF CLARIFICATIONS.
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DISABILITY, RACE, AND HEALTH BEYOND THE CARCERAL STATE.(Embodied Injustice: Race, Disability, and Health)
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The deprofessionalization of legal teaching and scholarship.
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EATERS, POWERLESS BY DESIGN.
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Paradise Lost: California's Experience, America's Future.
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What books on law should be.
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DO ESG MUTUAL FUNDS DELIVER ON THEIR PROMISES?
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Enforcement of TSCA and the federal five-year statute of limitations for penalty actions.
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Law teachers' writing.
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Stipulated damages, super-strict liability, and mitigation in contract law.
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Passive takings: the state's affirmative duty to protect property.
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The changing market for criminal law casebooks.
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The Constitution and Criminal Procedure: First Principles.
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A reaction: 'stand up, your father (a lawyer) is passing'.
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Abandoned in the Wasteland: Children, Television, and the First Amendment.
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Proximate cause in constitutional torts: holding interrogators liable for Fifth Amendment violations at trial.
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Can we calculate fairness and reasonableness? Determining what satisfies the fair cross-section requirement of the Sixth Amendment.
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The logic of reciprocity: trust, collective action, and law.
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Immigration Outside the Law.
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Takings, efficiency, and distributive justice: a response to Professor Dagan.
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Battleground: One Mother's Crusade, the Religious Right, and the Struggle for Control of our Classrooms.
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SUSPECT SPHERES, NOT ENUMERATED POWERS: A GUIDE FOR LEAVING THE LAMPPOST.
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The indulgence of reasonable presumptions: Federal Court contractual civil jury trial waivers.
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Thurman Arnold: A Biography.
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No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship.
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Embedded: The Media at War in Iraq.
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The tax injunction act and federal jurisdiction: reasoning from the underlying goals of federalism and comity.
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Could breach of contract be immoral?
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Pay Without Performance: The Unfulfilled Promise of Executive Compensation.
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Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-first Century.
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The applicability of section 2462's statute of limitations to SEC enforcement suits in light of the Remedies Act of 1990.
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Aerial Trespass and the Fourth Amendment.
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Judge Edwards' indictment of 'impractical' scholars: the need for a bill of particulars.
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A model judicial biography.
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The Lost Lawyer: Failing Ideals of the Legal Profession.
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Offsetting risks.
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Emergency takings.
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The Casey standard for evaluating facial attacks on abortion statutes.
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THE MISPLACED TRUST IN THE DOJ'S EXPERTISE ON CRIMINAL JUSTICE POLICY.
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PRIDE AND PREDATORS.
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Regulating Electricity-Market Manipulation: A Proposal for a New Regulatory Regime to Proscribe All Forms of Manipulation
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Nothing improper? Examining constitutional limits, congressional action, partisan motivation, and pretextual justification in the U.S. attorney removals.
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Statutory interdependence in severability analysis.
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Assessing the Chrysler bankruptcy.
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War is governance: explaining the logic of the laws of war from a principal-agent perspective.
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Amendment creep.
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The limited liability company: a catalyst exposing the corporate integration question.
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Antidisestablishmentarianism: why RFRA really was unconstitutional.
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The standing of the United States: how criminal prosecutions show that standing doctrine is looking for answers in all the wrong places.
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Exploring the battle of the forms in action.
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Word games: raising and resolving the shortcomings in accident-insurance doctrine that autoerotic-asphyxiation cases reveal.
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The treaty power and American federalism.
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Swallowing the apple whole: improper patent use by Local Rule.
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Justice Brennan: Liberal Champion.
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Notification of data security breaches.
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Gathering Storm: America's Militia Threat.
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Did the Fourteenth Amendment repeal the First?
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A Life of H.L.A. Hart: The Nightmare and the Noble Dream.
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Professor Yale Kamisar: "awesome".
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Checks and balances in wartime: American, British and Israeli experiences.
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Stories about Miranda.
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Hassle
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WILL LEGAL EDUCATION CHANGE POST-2020?
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The Enduring Value of Books Related to the Law: A Librarian's Perspective
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Inspiring generations.
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The convergence of the First Amendment and Vatican II on religious freedom.
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Computer bulletin board operator liability for users' infringing acts.
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Plausible absurdities and practical formalities: the recess appointments clause in theory and practice.
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War Time: An Idea, Its History, Its Consequences.
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American Civil Procedure: An Introduction.
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Miranda, Dickerson, and the puzzling persistence of Fifth Amendment exceptionalism.
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Fifth Amendment first principles: the self-incrimination clause.
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Protecting whistleblower protections in the Dodd-Frank Act.
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The "horizontal effect" of constitutional rights.
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PRIVACY, PROPERTY, AND PUBLICITY.
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A public choice approach to private ordering: rent-seeking at the world's first futures exchange.
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The Future of the Internet and How to Stop It.
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Bankruptcy noir.
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Law-enforcement officers and self-help repossession: a state-action approach.
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The Jury: Trial and Error in the American Courtroom.
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HIGH-STAKES INTERPRETATION.
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Countersupermajoritarianism
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Revolution in the Balance: Law and Society in Contemporary Cuba.
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Oh, the treatise!(FOREWORD)
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Summer for the Gods: The Scopes Trial and America's Continuing Debate over Science and Religion.
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The mind in the major American law school.
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Third-party modification of protective orders under Rule 26(c).
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Ultra Vires takings.
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Awarding attorney's fees to pro se litigants under Rule 11.
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Turning Right: The Making of the Rehnquist Supreme Court.
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Section 2259 restitution claims and child pornography possession.
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Deterrence and damages: the multiplier principle and its alternatives.
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Beyond Citizenship: American Identity After Globalization.
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Is ignorance of fact an excuse only for the virtuous?
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Rethinking reporter's privilege.
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Identifying and valuing the injury in lost chance cases.
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Toward a child-centered approach to evaluating claims of alienation in high-conflict custody disputes.
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THE RULE OF FIVE GUYS.
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Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States.
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Pomobabble: postmodern newspeak and constitutional 'meaning' for the uninitiated.
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Revenue bonds and religious education: the constitutionality of conduit financing involving pervasively sectarian institutions.
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Disabling Lawyering: Buck v. Bell and the Road to a More Inclusive Legal Practice.
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Law and the Contradictions of the Disability Rights Movement.
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Alternative forms of judicial review.
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The case for the third-party doctrine.
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Three mistakes about interpretation.
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Private control over access to the law: the perplexing federal regulatory use of private standards.
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The Prince and the Law: 1200-1600, Sovereignty and Rights in the Western Legal Tradition.
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Rethinking relationship-specific investments: subcontracting in the Japanese automobile industry.
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A Post-Spokeo Taxonomy of Intangible Harms.
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DNA database searches and the legal consumption of scientific evidence.
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Bankruptcy fire sales.
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The law and sociology of boilerplate.
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Engineering the endgame.
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Misplaced misrepresentations: why "misrepresentation of age" statutes must be reinterpreted as they apply to children's online contracts.
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ALLOW ME TO TRANSFORM: A BLACK GUY'S GUIDE TO A NEW CONSTITUTION.
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Brave New World.
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Gatekeepers: The Professions and Corporate Governance.
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When is the Senate in recess for purposes of the Recess Appointments Clause?
