Washington University Law Review - 2012
- Salazar v. Buono: the failed landmark case and its illustration of the two sides of plurality opinions.
- Constitutionalized negligence.
- How 'reasonable' has become unreasonable: a proposal for rewriting the lasting legacy of Jackson v. Indiana.
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- Factions for the rest of us.
- 'A horrible fascination': segregation, obscenity & the cultural contingency of rights.
- Marginalizing risk.
- Court-mandated story time: the victim narrative in U.S. asylum law.
- Judges who settle.
- Sex offenders are different: extending Graham to categorically protect the less culpable.
- Market makers and vampire squid: regulating securities markets after the financial meltdown.
- The irrelevance of politics for arbitrary and capricious review.
- Social networking v. the employment-at-will doctrine: a potential defense for employees fired for facebooking, terminated for twittering, booted for blogging, and sacked for social networking.
- Proxy signals: capturing private information for public benefit.
- Theorizing mental health courts.
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- Cybersecurity and executive power.
- Changing the marriage equation.
- The irrelevance of politics for arbitrary and capricious review.
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- Rebellious state crimmigration enforcement and the foreign affairs power.
- The unwarranted weight of a "paper barrier": ( ) a proposal to ax the apex doctrine.
- Setting the pace for energy efficiency: the rise, fall, and (potential) return of property assessed clean energy.
- Judging, expertise, and the rule of law.
- Of meat and manhood.
- Defining patent scope by the novelty of the idea.
- Linking the questions: judicial supremacy as a matter of constitutional interpretation.
- Proxy signals: capturing private information for public benefit.
- Linking the questions: judicial supremacy as a matter of constitutional interpretation.
- Defining patent scope by the novelty of the idea.
- The speaker the court forgot: re-evaluating NLRA section 8(b)(4)(B)'s secondary boycott restrictions in light of Citizens United and Sorrell.
- ICANN's escape from antitrust liability.(Internet Corp. for Assigned Names and Numbers)
- Constitutionalized negligence.
- Bridging the great divide - a response to Linda Greenhouse and Reva B. Siegel's 'Before (and after) Roe v. Wade: new questions about backlash'.
- Amputating the long arm of the law: an analysis of the U.S. Supreme Court's decision in Morrison and why (section)10(B) still reaches issuers of ADRS.(American Depository Receipts)
- Corporate social responsibility after disaster.
- Antibiotic maximalism: legislative assaults on the evidence-based treatment of Lyme disease.
- To swear or not to swear: using foul language during a Supreme Court oral argument.
- Arbitrary death: an empirical study of mitigation.
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- Like deck chairs on the Titanic: why spectrum reallocation won't avert the coming data crunch but technology might keep the wireless industry afloat.
- License to deal: mandatory approval of complex financial products.
- Effective taxation of carried interest: a comprehensive pass-through approach.
- Sampling the circuits: the case for a new comprehensive scheme for determining copyright infringement as a result of music sampling.
- License to deal: mandatory approval of complex financial products.(Introduction to II. Product Approval Regulation in Practice: Pharmaceutical Drugs, Chemicals, and Commodity Futures B. Chemicals Regulation in the European Union: REACH, p. 63-99)