Washington University Law Review - 2011
- Sucking the air out of wind energy: nuisance litigation and its effect on wind energy development.
- Natural law and the rhetoric of empire: Reynolds v. United States, polygamy, and imperialism.
- Executive weapons to combat infection of the art market.
- A tisket, a tasket: basketing and corporate tax shelters.
- How the professional judgment standard could undermine the validity of sexually violent predator laws.
- Stealth activism: norm formation by Japanese courts.
- Rationalizing costs in investment treaty arbitration.
- Key implications of the Dodd-Frank Act for independent regulatory agencies.
- Jurisdiction by cross-reference.
- Judicial recruitment and promotion: responses to professors Ramseyer and Repeta.
- Concerning the Japanese public's evaluation of Supreme Court justices.
- Looking through the wrong end of the telescope: the Japanese judicial response to steel partners, Murakami, and Horie.
- From preservative to transformative: squaring socioeconomic rights with liberty and the American constitutional framework.
- Kimbrough, Spears, and categorical rejection: the latest additions to the family of federal sentencing policy cases.
- Why has judicial review failed in Japan?
- Constitutional rights and judicial independence: lessons from Iowa.
- A realist defense of the Alien Tort Statute.
- Overcoming tradeoffs in the taxation of punitive damages.
- Constitutional adjudication in Japan: context, structures, and values.
- Disentangling child pornography from child sex abuse.
- Activist distressed debtholders: the new barbarians at the gate?
- What Elena Kagan could have and should have said (and still have been confirmed).
- In defense of the substance-procedure dichotomy.
- Missouri's health care battle and differential judicial review of popular lawmaking.
- ERISA & uncertainty.
- The "youngest profession": consent, autonomy, and prostituted children.
- Why is the Japanese Supreme Court so conservative?
- The role of precedent at Japan's Supreme Court.
- How the U.S. government's market activities can bolster mobile banking abroad.
- Sweet dreams aren't made of these: how the VA's disability compensation program leaves veterans alone in the nightmare of posttraumatic stress disorder.
- The Supreme Court of Japan: commentary on the recent work of scholars in the United States.
- Reserved seats on Japan's Supreme Court.
- What Elena Kagan could have and should have said (and still have been confirmed): a reply.
- Toward a reality-based constitutional theory.
- The Japanese Constitution as law and the legitimacy of the Supreme Court's constitutional decisions: a response to Matsui.
- Just negotiation.
- Using litigation to address violence in urban public schools.
- The political Fourth Amendment.
- Revisiting class-based affirmative action in government contracting.
- Do school cliques dominate Japanese bureaucracies? Evidence from Supreme Court appointments.
- The Supreme Court and the push for transparency in lower court appointments in Japan.
- Constitutional precedents in Japan: a comment on the role of precedent.
- Offsetting and the consumption of social responsibility.
- Shake and bake: the meth threat and the need to rethink 21 U.S.C.
- The scope of "plaintiffs' harm" in environmental preliminary injunctions.
- Purging contempt: eliminating the distinction between civil and criminal contempt.
- Elena Kagan can't say that: the sorry state of public discourse regarding constitutional interpretation.
- "Chosakan": research judges toiling at the stone fortress.
- Cooperation's cost.
- Bringing RICO to the ring: can the anti-mafia weapon target dogfighters?
- Judicialization of politics and the Japanese Supreme Court.