Stanford Law Review
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The Bell Doctrine: applications in telecommunications, electricity, and other network industries.
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The Fourth Amendment and the global Internet.
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Private immigration screening in the workplace.
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The cost of commitment.
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Statutes with multiple personality disorders: the value of ambiguity in statutory design and interpretation.
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Valuing Medical Innovation.(United States drug pricing system)
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State court resistance to federal arbitration law.
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Why me? The role of private trustees in complex claims resolution.
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Freedom of speech and information privacy: the troubling implications of a right to stop people from speaking about you.
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Sovereign wealth funds and corporate governance: a minimalist response to the new mercantilism.
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Law, Land Use, and Groundwater Recharge.
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Virtue and vice: who will report on the failings of the American criminal justice system?
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Is suspension a political question?
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Confirming "more guns, less crime".
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Three tests for practical evaluation of partisan gerrymandering.
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Developing a taste for not being discriminated against.
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Revisiting public opinion on voter identification and voter fraud in an era of increasing partisan polarization.
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You've come a long way, baby: Rehnquist's new approach to pregnancy discrimination in Hibbs.
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Race, place, and power.
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The Copying of Independent Fashion Designers: Perils and Potential Remedies in a Post-Star Athletica World.
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Network neutrality and quality of service: what a nondiscrimination rule should look like.
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Pockets of professionalism.
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Uses and abuses of empirical evidence in the death penalty debate.
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Stereotypes as Character Evidence.
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Bias Response Teams: Designing for Free Speech and Conflict Resolution on the University Campus.(Speech at Twenty-First Century Schools and Universities)
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Courtesy paratexts: informal publishing norms and the copyright vacuum in nineteenth-century America.
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What is Fourth Amendment contraband?
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Sovereign immunity and informant defectors: the United States' refusal to protect its protectors.
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Public compensation for private harm: evidence from the SEC's fair fund distributions.
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The modernization of American public law: health care reform and popular constitutionalism.
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Reforming the Federal Sentencing Guidelines' misguided approach to real-offense sentencing.
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If people would be outraged by their rulings, should judges care?
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Doctrines without borders: the "new" Israeli exclusionary rule and the dangers of legal transplantation.
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The learned intermediary doctrine and patient package inserts: a balanced approach to preventing drug-related injury.
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The rule of probabilities: a practical approach for applying Bayes' rule to the analysis of DNA evidence.
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Ferguson v. City of Charleston, South Carolina: "fetal abuse," drug testing, and the Fourth Amendment.
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Convictions and doubts: retribution, representation, and the debate over felon disenfranchisement.
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An introduction to legal thought: four approaches to law and to the allocation of body parts.
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When nicknames were crowdsourced: or, how to change a team's mascot.
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Justice Byron R. White: a man of will.
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Chief Justice William H. Rehnquist: prizing people, place, and history.
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Of kitsch and kachinas: a critical analysis of the Indian Arts and Crafts Act of 1990.
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A tribute to Chief Justice William H. Rehnquist.
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Innovation and the Firm: A New Synthesis.
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The Constitutional Case for Clear and Convincing Evidence in Bail Hearings.(NOTE)
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The Regulation of Foreign Platforms.
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Statutory interpretation from the inside - an empirical study of congressional drafting, delegation, and the canons.
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Bounded evaluation: cognition, incoherence, and regulatory policy.
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Emergencies and political change: a reply to Tushnet.
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The rise of independent directors in the United States, 1950-2005: of shareholder value and stock market prices.
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Reviewing Extraditions to Torture.
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The shareholder value of empowered boards.
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Answering questions, questioning answers, and the roles of empiricism in the law of democracy.
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Honesty and opacity in charge bargains.
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Reviving Federal Regions.
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Everyday leadership as a practicing lawyer.
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Equality in the war on terror.
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Compulsory sexuality.
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Taxing social enterprise.
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Out of sight, but not out of mind: how Executive Order 13,233 expands executive privilege while simultaneously preventing access to presidential records.
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Municipalities and the Banking Franchise.
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Fallacious Reasoning: Revisiting the Roper Trilogy in Light of the Sexual-Abuse-to-Prison Pipeline.
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Whose body is it anyway? Human cells and the strange effects of property and intellectual property law.
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Harry Potter and the trouble with tort theory.
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Hierarchy, Race, and Gender in Legal Scholarly Networks.
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Keep it secret, keep it safe: an empirical analysis of the state secrets doctrine.
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Lobbying and the petition clause.
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Sorting the revolutionary from the terrorist: the delicate application of the "political offense" exception in U.S. extradition cases.
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Abandoning Deportation Adjudication.
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Plea Bargaining's Triumph: A Histosry of Plea Bargaining in America.
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Due Process in Removal Proceedings After Thuraissigiam.
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Federalism and the state civil jury rights.
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Marks, morals, and markets.
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The questionable origins of the copyright infringement analysis.
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Criminalization in context: involuntariness, obscenity, and the First Amendment.
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Transcending equality versus adequacy.
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Answering Justice Thomas in Saenz: granting the Privileges or Immunities Clause full citizenship within the Fourteenth Amendment.
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Does peer review work? An experiment of experimentalism.
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Trading Power: Tariffs and the Nondelegation Doctrine.
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Commerce Clause questions after Morrison: some observations on the new formalism and the new realism.
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The hand-off procedure or the new silver platter: how today's police are serving up potentially tainted evidence without even revealing the search that produced it to defendants or to courts.
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Florence, Atwater, and the erosion of Fourth Amendment protections for arrestees.
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The Common Law of Liable Party CERCLA Claims.
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Inside agency statutory interpretation.
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Daniel in the Lions Den: A Structural Reconsideration of Religious Exemptions from Nondiscrimination Laws Since Obergefell.
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Choosing heroes carefully.
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Beyond "Market Transparency": Investor Disclosure and Corporate Governance.
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Resuscitating the constitutional "theory" of academic freedom: a search for a standard beyond Pickering and Connick.
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Questioning marks: plurality decisions and precedential constraint.
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Second Amendment Federalism.
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The superiority of an ideal consumption tax over an ideal income tax.
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Probable cause, constitutional reasonableness, and the unrecognized point of a 'pointless indignity'.
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State sovereign standing: often overlooked, but not forgotten.
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The leadership imperative: a collaborative approach to professional development in the global age of more for less.
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From multiculturalism to technique: feminism, culture, and the conflict of laws style.
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Consumption taxation is still superior to income taxation.
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The new confederalism: treaty delegations of legislative, executive, and judicial authority.
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A proposed solution to the problem of parallel pricing in oligopolistic markets.
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Rents and their corporate consequences.
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A theory of criminal victimization.
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Modern Vacancies, Ancient Remedy: How the De Facto Officer Doctrine Applies to Vacancies Act Violations (And How It Should).
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Our federal system of sentencing.
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The perverse effects of subsidized weather insurance.
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The "benefit" of spying: defining the boundaries of economic espionage under the Economic Espionage Act of 1996.
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Applying the Fourth Amendment to the Internet: a general approach.
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Navigating law and politics: the prosecutor of the International Criminal Court and the independent counsel.
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Leadership in law.
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Removal as a political question.
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Crisis of conscience: reconciling religious health care providers' beliefs and patients' rights.
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Leadership in law schools.
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Mandatory rules.
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Regulating for rationality.
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President's Pages.
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Securities class actions against foreign issuers.
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Taking measures.
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Do Americans prefer coethnic representation? The impact of race on House incumbent evaluations.
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A textual-historical theory of the Ninth Amendment.
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Arrests as regulation.
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Deep secrecy.
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"Appropriate" means-ends constraints on Section 5 powers.
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The enforceability of sentencing guidelines.
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What's fair here is not fair everywhere: does the American fair use doctrine violate international copyright law?
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Parochial procedure.
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Statutory interpretation from the inside - an empirical study of congressional drafting, delegation, and the canons.
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Should the Supreme Court stop inviting amici curiae to defend abandoned lower court decisions?
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Truth or dare? Terrorism and "truth serum" in the post-9/11 world.
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Law Schools, Professionalism, and the First Amendment.(Speech at Twenty-First Century Schools and Universities)
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The creation of the Department of Justice: professionalization without civil rights or civil service.
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"They saw a protest": cognitive illiberalism and the speech-conduct distinction.
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The injustice of appearance.
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Updating the study of punishment.
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The hundred-year decline of trials and the thirty years war.
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Antitrust and the supremacy clause.
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Locating copyright within the First Amendment skein.
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JUMPING THE QUEUE: AN INQUIRY INTO THE LEGAL TREATMENT OF STUDENTS WITH LEARNING DISABILITIES.
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Does shareholder proxy access damage share value in small publicly traded companies?
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Critical Legal Histories and Laws (In)determinacy.
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Interests of Justice: Reforming the Legal Profession.
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The essential structure of judgment proofing.
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Unrules.
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Reading Early Colonial Legal History as Bob Gordon's Student.
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The downstream consequences of misdemeanor pretrial detention.
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Getting beyond affirmative action: thinking about racial inequality in the twenty-first century.
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The radical conservatism of The Practice of Justice.
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Goodbye to Hammurabi: analyzing the atavistic appeal of restorative justice.
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Are congressionally authorized wars perverse?
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FEC v. Wisconsin right to ... petition? A comment on FEC v. Wisconsin Right to Life.
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Engineering a venture capital market: lessons from the American experience.
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Just the facts: the case for workplace transparency.
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Freedom of expressive association and government subsidies.
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Who gets utility from bequests? The distributive and welfare implications for a consumption tax.
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A problem of proof: how routine destruction of court records routinely destroys a statutory remedy.
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A clinic's place in the Supreme Court bar.
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Sequencing in Damages.
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Antitrust's North Star: The Continued and Nameless Judicial Deference Toward the Merger Guidelines.
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Inequitable injunctions: the scandal of private judging in the U.S. courts.
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The right to freedom of expressive association and the press.
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Identifying Limits to Immigration Detention Transfers and Venue.
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Hardware-based ID, rights management, and trusted systems.
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Reversing Reverse Mainstreaming.(Integration in disability education)
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The ghost that slayed the mandate.
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Getting Public Rights Wrong: The Lost History of the Private Land Claims.
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Anachronism of the moral sentiments? Integrity, postmodernism, and justice.
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A new approach to nineteenth-century religious exemption cases.
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Why business method patents?
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Privatizing the Reservation?
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An empirical analysis of section 1983 qualified immunity actions and implications of Pearson v. Callahan.
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Ordering (and order in) the city.
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The substance of punishment under the bill of attainder clause.
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Using Value-Agnostic Incentives to Promote Pharmaceutical Innovation.
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The perverse effects of subsidized weather insurance.
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Expressive Association Claims for Private Universities.(Corry v. Stanford)(Speech at Twenty-First Century Schools and Universities)
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The death of contra.
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The social and moral cost of mass incarceration in African American communities.
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International agreements and the political safeguards of federalism.
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Rethinking patent law's presumption of validity.
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Defining dicta.
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Arrests as regulation.
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How Immigration Detention Became Exceptional.
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Professional independence in the Office of the Attorney General.
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Separation of powers and the criminal law.
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Supply, demand, and the changing economics of large law firms.
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Fact and fiction in corporate law and governance.
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Against Geofences.
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Breard, our dualist Constitution, and the internationalist conception.
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Relational sovereignty.
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Lobbying and the petition clause.
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Evil or Ill? Justifying the Insanity Defense.
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Patentee overcompensation and the entire market value rule.
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Privatization and the law and economics of political advocacy.
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Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee.
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The new law of legislative standing.
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Scarcity amidst wealth: the law, finance, and culture of elite university endowments in financial crisis.
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Two cultures of punishment.
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Theorizing Student Expression: A Constitutional Account of Student Free Speech Rights.(Speech at Twenty-First Century Schools and Universities)
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Forty years of wondering in the wilderness and no closer to the promised land: Bilski's superficial textualism and the missed opportunity to return patent law to its technology mooring.
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The "Quality Health Care Coalition Act": can antitrust law improve patient care?
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Fourth Amendment remedial equilibration: a comment on Herring v. United States and Pearson v. Callahan.
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Deadbeat dads, welfare moms, and Uncle Sam: how the Child Support Recovery Act punishes single-mother families.
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Fragmentation nodes: a study in financial innovation, complexity, and systemic risk.
