Michigan Law Review - 2008
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Death, dying, and domination.
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"Now for a clean sweep!" Smiley v. Holm, partisan gerrymandering, and at-large congressional elections.
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Scrutiny Land.
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Physician-assisted suicide in Oregon: a medical perspective.
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Optimal political control of the bureaucracy.
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All Quiet on the Western Front.
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Foreword: war tales and war trials.
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Gatekeepers: The Professions and Corporate Governance.
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For Whom the Bell Tolls.
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De-moralized: Glucksberg in the malaise.
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The myth and the reality of American constitutional exceptionalism.
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Substantive due process after Gonzales v. Carhart.
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Torts and innovation.
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Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States.
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Bankruptcy verite.
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When should original meanings matter?
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Hacking into international humanitarian law: the principles of distinction and neutrality in the age of cyber warfare.
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Origins of the Dred Scott Case: Jackson Jurisprudence and the Supreme Court.
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On communication.
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Uncertainty revisited: legal prediction and legal postdiction.
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Can Glucksberg survive Lawrence? Another look at the end of life and personal autonomy.
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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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The First Amendment in Cross-Cultural Perspective: A Comparative Legal Analysis of the Freedom of Speech.
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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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Regulation and Public Interests: The Possibility of Good Regulatory Government.
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Practice makes perfect? An empirical study of claim construction reversal rates in patent cases.
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Bankruptcy noir.
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A call for the end of the doctrine of realignment.
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Atrocity, Punishment, and International Law.
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Confidence in the nonprofit sector through Sarbanes-Oxley-style reforms.
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How International Law Works: A Rational Choice Theory.
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China Modernizes: Threat to the West or Model for the Rest?
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Not a Suicide Pact: The Constitution in a Time of National Emergency.
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Secrets, Sex, and Spectacle: The Rules of Scandal in Japan and the United States.
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Mass Torts in a World of Settlement.
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Addressing default trends in patent-based section 337 proceedings in the United States International Trade Commission.
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Limiting a constitutional tort without probable cause: First Amendment retaliatory arrest after Hartman.
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Medicare Meets Mephistopheles.
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Patients as consumers: courts, contracts, and the new medical marketplace.
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Categorizing categories: property of the estate and fraudulent transfers in bankruptcy.
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Corporate taxation and international charter competition.
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Judicial compensation and the definition of judicial power in the early republic.
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In the laboratory of the states: the progress of Glucksberg's invitation to states to address end-of-life choice.
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Is there a duty? Limiting college and university liability for student suicide.
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Due process traditionalism.
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Are artificial tans the new cigarette? How plaintiffs can use the lessons of tobacco litigation in bringing claims against the indoor tanning industry.
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Washington v. Glucksberg was tragically wrong.
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Charging Ahead: The Growth and Regulation of Payment Card Markets.
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Property rules, liability rules, and uncertainty about property rights.
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Federal fairness to state taxpayers: irrationality, unfunded mandates, and the "salt" deduction.
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Law enforcement in subordinated communities: innovation and response.
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Public rights, social equality, and the conceptual roots of the Plessy challenge.
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The significance of the local in immigration regulation.
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Don't cross the streams: past and present overstatement of customary international law in connection with conventional fair and equitable treatment obligations.
