Michigan Law Review
-
Passive takings: the state's affirmative duty to protect property.
-
Atticus Finch, in contest.
-
Antidisestablishmentarianism: why RFRA really was unconstitutional.
-
Scrutiny Land.
-
Law, share price accuracy, and economic performance: the new evidence.
-
NEITHER LIMITED NOR SIMPLIFIED: A PROPOSAL FOR REFORM OF ILLINOIS SUPREME COURT RULE 222(B).
-
Party on: the right to voluntary blanket primaries.
-
Constitutional borrowing.
-
Antitrust beyond competition: market failures, total welfare, and the challenge of intramarket second-best tradeoffs.
-
For Terry Sandalow - challenger and creator.
-
Are threats always 'violent' crimes?
-
Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector.
-
Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees.
-
Arbitration Waiver and Prejudice.
-
DISRUPTING CARCERAL LOGIC IN FAMILY POLICING.
-
Emergency takings.
-
TORT LAW AND CIVIL RECOURSE.
-
Removal and the Eleventh Amendment: the case for district court remand discretion to avoid a bifurcated suit.
-
THE NEVER-ENDING STRUGGLE FOR REPRODUCTIVE RIGHTS.
-
FIGHTING FOREIGN-CORPORATE POLITICAL ACCESS: APPLYING CORPORATE VEIL-PIERCING DOCTRINE TO DOMESTIC-SUBSIDIARY CONTRIBUTIONS
-
Evaluating punishment in purgatory: the need to separate pretrial detainees' conditions-of-confinement claims from inadequate Eighth Amendment analysis.
-
HEEDING THE VOICES OF MIGRANT YOUTH: THE NEED FOR ACTION.
-
The Rule of Rules: Morality, Rules, and the Dilemmas of Law.
-
HOLDING ON TO CLARITY: RECONCILING THE FEDERAL KIDNAPPING STATUTE WITH THE TRAFFICKING VICTIMS PROTECTION ACT
-
Toward a motivating factor test for individual disparate treatment claims.
-
BOOKS, DEBATE, SPECIFICITY.
-
Apology within a moral dialectic: a reply to professor Robbennolt.
-
REMEDIATING RACISM FOR RENT: A LANDLORD'S OBLIGATION UNDER THE FHA.
-
SHINING A BRIGHT LIGHT ON THE COLOR OF WEALTH.
-
Enforcement of TSCA and the federal five-year statute of limitations for penalty actions.
-
Is Amendment 2 really a bill of attainder? Some questions about Professor Amar's analysis of Romer.
-
Killing the willing: "volunteers," suicide and competency.
-
PROMISES UNFULFILLED: HOW INVESTMENT ARBITRATION TRIBUNALS MISHANDLE CORRUPTION CLAIMS AND UNDERMINE INTERNATIONAL DEVELOPMENT.
-
Extraterritorial criminal jurisdiction.
-
Face-to-face with facial recognition evidence: admissibility under the post-Crawford confrontation clause.
-
Sovereign Virtue: The Theory and Practice of Equality.
-
No time for trumpets: Title VII, equality, and the fin de siecle.
-
TAX HAVENS AS PRODUCERS OF CORPORATE LAW.
-
Jury voting paradoxes.
-
THE LANGUAGE-GAME OF PRIVACY.
-
A reality check on an empirical study: comments on "inside the administrative state".
-
Women Don't Ask: Negotiation and the Gender Divide.
-
Terrorism, Freedom, and Security: Winning Without War.
-
THE FAILED FEDERALISM OF AFFORDABLE HOUSING: WHY STATES DON'T USE HOUSING VOUCHERS.
-
Relative doubt: familial searches of DNA databases.
-
Race, rights, and remedies in criminal adjudication.
-
Originalism and the Good Constitution.
-
Why Tolerate Religion?
-
'What is a Kamisar?' (Michigan University Law School Professor Yale Kamisar) (Testimonial)
-
CIVIL RIGHTS IN TIMES OF UNCERTAINTY (THE ANTHROPOCENE).
-
A capital market, corporate law approach to creditor conduct.
-
The Basel III liquidity coverage ratio and financial stability.
-
THROUGH A GLASS, DARKLY: SYSTEMIC RACISM, AFFIRMATIVE ACTION, AND DISPROPORTIONATE MINORITY CONTACT.
-
Identifying and valuing the injury in lost chance cases.
-
CYBER MOBS, DISINFORMATION, AND DEATH VIDEOS: THE INTERNET AS IT IS (AND AS IT SHOULD BE).
-
Toward a child-centered approach to evaluating claims of alienation in high-conflict custody disputes.
-
Six Amendments: How and Why We Should Change the Constitution.
-
The Triumph of Venus, The Erotics of the Market.
-
Fault in contract law.
-
Dividing the Child: Social and Legal Dilemmas of Custody.
-
Justice Brennan: Liberal Champion.
-
Paradise Lost: California's Experience, America's Future.
-
The changing market for criminal law casebooks.
-
Evolving objective standards: a developmental approach to constitutional review of morals legislation.
-
Signatures of ideology: the case of the Supreme Court's criminal docket.
-
Abandoned in the Wasteland: Children, Television, and the First Amendment.
-
War Is Governance: Explaining the Logic of the Laws of War From a Principal-Agent Perspective
-
The court of life and death: the two tracks of constitutional sentencing law and the case for uniformity.
-
Comparative effectiveness research as choice architecture: the behavioral law and economics solution to the health care cost crisis.
-
Judges, juries, and patent cases - an empirical peek inside the black box.
-
Satirical legal studies: from the legists to the Lizard.
-
Recovering the original Fourth Amendment.
-
Speedy Trial As a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems
-
Turning from tort to administration.
-
Congressional ethics and constituent advocacy in an age of mistrust.
-
The new imperialism: violence, norms, and the "rule of law".
-
Assessing the Chrysler bankruptcy.
-
Winning the battle, losing the war? Judicial scrutiny of prisoners' statutory claims under the Americans with Disabilities Act.
-
IS THE FIRST AMENDMENT OBSOLETE?
-
An implied cause of action under the Real Estate Settlement Procedures Act.
-
Married to the Mouse: Walt Disney World and Orlando.
-
Simple, Fair, and Pro-Growth: Proposals to Fix America's Tax System.
-
Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States.
-
The free exercise of religion and public schools: the implications of hybrid rights on the religions upbringing of children.
-
Transcendental deconstruction, transcendent justice.
-
The Passions of Law.
-
Mark(et)ing nondiscrimination: privatizing ENDA with a certification mark.
-
Recognizing the Right to Family Unity in Immigration Law.
-
Controlling presidential control.
-
The Rights of the Defenseless: Protecting Animals and Children in Gilded Age America.
-
REVIVING NEGOTIATED RULEMAKING FOR AN ACCESSIBLE INTERNET.
-
Defining corruption and constitutionalizing democracy.
-
In praise of law books and law reviews (and jargon-filled academic writing).
-
The indulgence of reasonable presumptions: Federal Court contractual civil jury trial waivers.
-
FORENSIC BORDER SEARCHES AFTER CARPENTER REQUIRE PROBABLE CAUSE AND A WARRANT.
-
Article II revisionism.
-
AN APOLOGY FOR LAWYERS: SOCRATES AND THE ETHICS OF PERSUASION.
-
Notification of data security breaches.
-
The Users of Art: Medieval Metaphor in the Michigan Law Quadrangle.
-
Did the Fourteenth Amendment repeal the First?
-
The Second Amendment: structure, history, and constitutional change.
-
Professor Yale Kamisar: "awesome".
-
Interpretation and institutions.
-
Checks and balances in wartime: American, British and Israeli experiences.
-
Fumbling the First Amendment: the right of publicity goes 2-0 against freedom of expression.
-
Stories about Miranda.
-
Article I, Article III, and the limits of enumeration.
-
Stare decisis and the rule of law: a layered approach.
-
USE YOUR WORDS: ON THE 'SPEECH' IN 'FREEDOM OF SPEECH'.
-
Rodrigo's Thirteenth Chronicle: legal formalism and law's discontents.
-
The future of confession law: toward rules for the voluntariness test.
-
The Poetry of Robert Frost: The Collected Poems.
-
Practice makes perfect? An empirical study of claim construction reversal rates in patent cases.
-
AKHIL AMAR'S UNUSABLE PAST.
-
Detention and Denial: The Case for Candor After Guantanamo.
-
Confessions in an international age: re-examining admissibility through the lens of foreign interrogations.
-
Transfer and choice of federal law: the appellate model.
-
UNPLANNED OBSOLESCENCE: INTERPRETING THE AUTOMATIC TELEPHONE DIALING SYSTEM AFTER THE SMARTPHONE EPOCH.
-
REASSESSING PROSECUTORIAL POWER THROUGH THE LENS OF MASS INCARCERATION.
-
Plausible absurdities and practical formalities: the recess appointments clause in theory and practice.
-
Recent books.
-
The Birthright Lottery: Citizenship and Global Inequality.
-
American Civil Procedure: An Introduction.
-
Irrelevant oversight: 'presidential administration' from the standpoint of arbitrary and capricious review.
-
Protecting whistleblower protections in the Dodd-Frank Act.
-
Antitrust rulemaking as a solution to abuse of the standard-setting process.
-
State Constitutional Law: Litigating Individual Rights, Claims and Defenses.
-
Reply.
-
Cyberattacks and the covert action statute: toward a domestic legal framework for offensive cyberoperations.
-
Impossible Subjects: Illegal Aliens and the Making of Modern America.
-
Federal common law and gaps in federal statutes: the case of ERISA plan limitation periods for section 502(a)(1)(B) actions.
-
Mortal Peril: Our Inalienable Right to Health Care?
-
The mosaic theory of the Fourth Amendment.
-
The Enduring Value of Books Related to the Law: A Librarian's Perspective
-
Overtaxing the working family: Uncle Sam and the childcare squeeze.
-
THE MISSING ALGORITHM: SAFEGUARDING BRADY AGAINST THE RISE OF TRADE SECRECY IN POLICING.
-
The Shadow University: The Betrayal of Liberty on America's Campuses.
-
HIGH-STAKES INTERPRETATION.
-
Countersupermajoritarianism
-
Revolution in the Balance: Law and Society in Contemporary Cuba.
-
The mind in the major American law school.
-
Third-party modification of protective orders under Rule 26(c).
-
Gathering Storm: America's Militia Threat.
-
The neglected political economy of eminent domain.
-
Turning Right: The Making of the Rehnquist Supreme Court.
-
CAN PROSECUTORS END MASS INCARCERATION?
-
Law and the Contradictions of the Disability Rights Movement.
-
The case for the third-party doctrine.
-
Rethinking relationship-specific investments: subcontracting in the Japanese automobile industry.
-
A Post-Spokeo Taxonomy of Intangible Harms.
-
Killing McVeigh: The Death Penalty and the Myth of Closure.
-
A peculiar privilege in historical perspective: the right to remain silent.
-
Let us never blame a contract breaker.
-
The Constitution's forgotten cover letter: an essay on the new federalism and the original understanding.
-
DNA database searches and the legal consumption of scientific evidence.
-
The pathological politics of criminal law.
-
Contract Theory.
-
How the Wagner Act came to be: a prospectus.
-
Executive power essentialism and foreign affairs.
-
Falling through the crack: how courts have struggled to apply the crack amendment to "nominal career" and "plea bargain" defendants.
-
Straightjacketing professionalism: a comment on Russell.
-
The Lenses of Gender: Transforming the Debate on Sexual Inequality.
-
Foreword: settler's remorse.
-
THE COLOR OF JUSTICE.
-
Preemption and textualism.
-
The Trials of Lenny Bruce: The Fall and Rise of an American Icon.
-
The Future of the Internet and How to Stop It.
-
For and against marriage: a revision.
-
Bankruptcy noir.
-
Law-enforcement officers and self-help repossession: a state-action approach.
-
The chaotic pseudotext.
-
Laws of Men and Laws of Nature: The History of Scientific Expert Testimony in England and America.
-
FAILED INTERVENTIONS: DOMESTIC VIOLENCE, HUMAN TRAFFICKING, AND THE CRIMINALIZATION OF SURVIVAL.
-
The Report of the Attorney General's National Committee to Study the Antitrust Laws: a retrospective.
-
Linnaean Taxonomy and Globalized Law.
-
The single-scheme exception to criminal deportations and the case for Chevron's step two.
-
ON LAWYERS AND COPY EDITORS.
-
The standing of the United States: how criminal prosecutions show that standing doctrine is looking for answers in all the wrong places.
-
Reply: further reflections on libertarian criminal defense.
-
Personalizing default rules and disclosure with Big Data.
-
Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa.
-
Strategy and force in the liquidation of secured debt.
-
The social construction of Sarbanes-Oxley.
-
Katz is dead. Long live Katz.
-
Legal entities as transferable bundles of contracts.
-
DISPARATE DISCRIMINATION.
-
Turning the page on section 5: the implications of multiracial coalition districts on section 5 of the Voting Rights Act.
-
HUMANIZING THE CORPORATION WHILE DEHUMANIZING THE INDIVIDUAL: THE MISUSE OF DEFERRED-PROSECUTION AGREEMENTS IN THE UNITED STATES.
-
Why breach of contract may not be immoral given the incompleteness of contracts.
-
The Scope of Precedent
-
Acts of Hope: Creating Authority in Literature, Law, and Politics.
-
What books on law should be.
-
The limits of empiricism: what facts tell us.
-
Inside the administrative state: a critical look at the practice of presidential control.
-
Legitimacy, selectivity, and the disunitary executive: a reply to Sally Katzen.
-
Reckoning with Homelessness.
-
Legal Orientalism.
-
THE GEOPOLITICS OF AMERICAN POLICING.
-
Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education.
-
Voting as veto.