Michigan Law Review
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RECENT BOOKS.
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Inside agency preemption.
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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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Stop being evil: a proposal for unbiased Google search.
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Foreword: fault in American contract law.
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ORDINARY PEOPLE AND THE RATIONALIZATION OF WRONGDOING.
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In defense of the good samaritan.
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RENT STRIKES AND TENANT POWER: SUPPORTING RENT STRIKES IN RESIDENTIAL LANDLORD TENANT LAW.
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SAVING TITLE IX: DESIGNING MORE EQUITABLE AND EFFICIENT INVESTIGATION PROCEDURES.
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Kidney for Sale by Owner: Human Organs, Transplantation, and the Market.
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Let's Get Free: A Hip-Hop Theory of Justice.
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The obsolescence of Wall Street: a contextual approach to the evolving structure of federal securities regulation.
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STILL SEARCHING FOR ZORA NEALE HURSTON.(Their Eyes Were Watching God)
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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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THE INVENTION OF THE JUDICIAL ADMINISTRATIVE STATE.(The Taft Court: Making Law for a Divided Nation)
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Progressive Constitutionalism: Reconstructing the Fourteenth Amendment.
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The four pillars of work law.
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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.(Annual Michigan Law Review Book Review Edition)
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Gathering Storm: America's Militia Threat.
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Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory.
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The forgotten constitutional right to present a defense and its impact on the acceptance of responsibility-entrapment debate.
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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.(The Words That Made Us: America's Constitutional Conversation, 1760-1840)
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The Disability-Employability Divide: Bottlenecks to Equal Opportunity
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THE UNEASY CASE FOR PATENT LAW.
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Property's morale.
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BUILD PUBLIC RENEWABLES, AGAIN.(The Price is Wrong: Why Capitalism Won't Save the Planet)
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War Time: An Idea, Its History, Its Consequences.
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What if? The legal consequences of marriage and the legal needs of lesbian and gay male couples.
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Not All Black and White: Affirmative Action, Race, and American Values.
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Assessing divisibility in the Armed Career Criminal Act.
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THE CASE OF THE DISHONEST SCRIVENER: GOUVERNEUR MORRIS AND THE CREATION OF THE FEDERALIST CONSTITUTION.
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THE THREE LIVES OF JAMES MADISON: GENIUS, PARTISAN, PRESIDENT.
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Legal Orientalism.
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PRIDE AND PREDATORS.(Annual Michigan Law Review Book Review Edition)
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Embedded: The Media at War in Iraq.
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A Moment for Pragmatism
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No Constitutional Right to Be Ladies: Women and the Obligations of Citizenship.
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Making the law safe for democracy: a review of "The Law of Democracy etc.".
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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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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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Decisionmaking about general damages: a comparison of jurors, judges, and lawyers.
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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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After Roe: The Lost History of the Abortion Debate.
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THE NEVER-ENDING STRUGGLE FOR REPRODUCTIVE RIGHTS.
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Gaylaw: Challenging the Apartheid of the Closet.
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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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Private standards in public law: copyright, lawmaking and the case of accounting.
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Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich and Cheat Everybody Else.
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RIGHTS AGAINST RULES: THE MORAL STRUCTURE OF AMERICAN CONSTITUTIONAL LAW.
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Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeals.
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RACIAL PURGES.
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Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees.
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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 underrepresentation of minorities in the legal profession: a critical race theorist's perspective.
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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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SISTERS GONNA WORK IT OUT: BLACK WOMEN AS REFORMERS AND RADICALS IN THE CRIMINAL LEGAL SYSTEM.("Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom" and "Progressive Prosecution: Race and Reform in Criminal Justice"
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The Lost Lawyer: Failing Ideals of the Legal Profession.
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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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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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Plea bargaining and the right to counsel at bail hearings.
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Exorcising Hobbes's Ghost: A Future for Constitutional and International Law.(Law for Leviathan: Constitutional Law, International Law, and the State)
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Amendment creep.
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DO ESG MUTUAL FUNDS DELIVER ON THEIR PROMISES?(environmental, social, and governance)
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Reconstructing Atticus Finch? A response to Professor Lubet.
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Sincere and strategic voting norms on multimember courts.
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Erratum.
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Is Marriage for White People? How the African American Marriage Decline Affects Everyone.
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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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THROUGH A GLASS, DARKLY: SYSTEMIC RACISM, AFFIRMATIVE ACTION, AND DISPROPORTIONATE MINORITY CONTACT.
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CERTIORARI, UNIVERSALITY, AND A PATENT PUZZLE.
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Justice Lewis F. Powell, Jr.: A Biography.
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Private order and public institutions.
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Petty offenses, serious consequences: multiple petty offenses and the Sixth Amendment right to jury trial.
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Rush to closure: lessons of the Tadic judgment.
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Patterns of American Jurisprudence.
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A question of intent: aiding and abetting law and the rule of accomplice liability under section 924(c).
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Free to Die for Their Country.
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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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Enforcement of TSCA and the federal five-year statute of limitations for penalty actions.
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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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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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Books received.
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The Casey standard for evaluating facial attacks on abortion statutes.
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Plain meaning, practical reason, and culpability: toward a theory of jury interpretation of criminal statutes.
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Inspiring generations.
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The tax injunction act and federal jurisdiction: reasoning from the underlying goals of federalism and comity.
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Emergency takings.
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The essential structure of property law.
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RETRENCHMENT BY DIVERSION: THE NEW POLITICS OF PARENTAL RIGHTS.
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Constitutional Failure.(The Constitution of the War on Drugs)
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"THE ESSENTIAL CHARACTERISTIC": ENUMERATED POWERS AND THE BANK OF THE UNITED STATES.
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The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties.
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The Cost-Benefit State: The Future of Regulatory Protection.
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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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Taking Revolution Seriously.(Tip of the Spear: Black Radicalism, Prison Repression, and the Long Attica Revolt)
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SOME REALISM ABOUT ORIGINALISM.(Memory and Authority: The Uses of History in Constitutional Interpretation)
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Checks and balances in wartime: American, British and Israeli experiences.
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Mostly harmless: an analysis of post-AEDPA federal habeas corpus review of state harmless error determinations.
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Books received. (Recent Books).
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Rights Gone Wrong: How Law Corrupts the Struggle for Equality.
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Boilerplate and economic power in auto manufacturing contracts.
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Publications by Professor Yale Kamisar.
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The Politics of Virtue: Is Abortion Debatable?
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Miranda, Dickerson, and the puzzling persistence of Fifth Amendment exceptionalism.
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Toward a child-centered approach to evaluating claims of alienation in high-conflict custody disputes.
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Commercial norms and the fine art of the small con.
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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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Statutory interdependence in severability analysis.
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The Fourth Amendment: Origins and Original Meaning.
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WILL LEGAL EDUCATION CHANGE POST-2020?
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The Failure of Corporate Law: Fundamental Flaws and Progressive Possibilities.
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Commentary on Judge Edwards' 'growing disjunction between legal education and the legal profession.' (response to Harry T. Edwards, Michigan Law Review, vol. 91, p. 34, 1992) (Symposium: Legal Education)
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A narrow path to diversity: the constitutionality of rezoning plans and strategic site selection of schools after Parents Involved.
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ANTI-MODALITIES.
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Countersupermajoritarianism
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Humiliation and Other Essays on Honor, Social Discomfort, and Violence.
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Now, later, or never: applying asymmetric discount rates in nuisance remedies and federal regulations.
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Yale Kamisar: a principled man for all seasons.
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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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Fifth Amendment first principles: the self-incrimination clause.
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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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FROM MEDICAL EXCEPTIONS TO REPRODUCTIVE FREEDOM.
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THIRD-PARTY ACCOMMODATIONS.
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Pictures of a Revolution: Administrative Law in a Time Of Change.
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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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Enumerated means and unlimited ends.
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A Matter of Interpretation: Federal Courts and the Law.
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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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Chix nix bundle-o-stix: a feminist critique of the disaggregation of property.
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Limits of the Federal Wiretap Act's ability to protect against Wi-Fi sniffing.
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WHICH RADICALS?
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Three mistakes about interpretation.
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DisneyWar.
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A business ethics perspective on Sarbanes-Oxley and the organizational sentencing guidelines.
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Disabling Lawyering: Buck v. Bell and the Road to a More Inclusive Legal Practice.("Demystifying Disability: What to Know, What to Say, and How to Be an Ally" and "Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell")
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Awarding attorney's fees to pro se litigants under Rule 11.
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A model for fixing identification evidence after Perry v. New Hampshire.
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'A government of limited and enumerated powers': in defense of United States v. Lopez.
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The strategy of boilerplate.
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The Constitution's forgotten cover letter: an essay on the new federalism and the original understanding.
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A Post-Spokeo Taxonomy of Intangible Harms.
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The mind in the major American law school.
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The People Themselves: Popular Constitutionalism and Judicial Review.
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Notification of data security breaches.
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Alternative forms of judicial review.
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Books received.
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Retaking Rationality: How Cost Benefit Analysis Can Better Protect the Environment and Our Health.
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Clerks in the maze.
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Interview with James Boyd White.
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Stories about Miranda.
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Hassle
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DNA database searches and the legal consumption of scientific evidence.
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The American Choice-of-Law Revolution in the Courts: Today and Tomorrow.
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A response from the visitor from another planet.
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The Interpretable Constitution.
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When the State Kills: Capital Punishment and the American Condition.
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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.
