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