Washington University Law Review - 2015
- Resolving intrastate conflicts of laws: the example of the federal Arbitration Act.
- Strict liability for individuals? The impact of 3-D printing on products liability law.
- Racial classification and ascriptive injury.
- When any sentence is a life sentence: employment discrimination against ex-offenders.
- Racial classification and ascriptive injury.
- The right to a public trial and closing the courtroom to disruptive spectators.
- The limits of Second Amendment originalism and the constitutional case for gun control.(III. The Constitutional Case for Firearms Regulation, with footnotes, p. 1229-1259)
- Gayffirmative action: the constitutionality of sexual orientation-based affirmative action policies.(Abstract through II. Affirmative Action and Tiered Scrutiny A. Race-Based Affirmative Action and Strict Scrutiny, p. 733-765)
- A diamond in the rough: trans-substantivity of the Federal Rules of Civil Procedure and its detrimental impact on civil rights.(Introduction into II. Procedure Disproportionately Harms Employment Discrimination and Civil Rights Claims B. Class Actions, p. 455-490)
- The global colony: a comparative analysis of national security-based foreign investment regimes in the Western hemisphere.
- The right to remain armed.
- Understanding the failures of market discipline.
- Toward a critical corporate law pedagogy and scholarship.(I. Introduction through III. Citizens United and the New Political Power of the Public Firm, p. 397-423)
- Slouching towards Monell: the disappearance of vicarious liability under section 10(b).(II. The Different Rules Applicable to s. 10(b) C. Why the Difference? 3. Distinguishing Poor Corporate Governance from Fraud through Conclusion, with footnotes, p. 1293-1323)
- Epilogue: moral panics and body cameras.
- Say on pay around the world.(Introduction through I. Description of the Say on Pay Regimes: Legal Rules and Voting Outcomes F. Germany 2. Assessment of Shareholder Voting Power on Executive Remuneration Agreements in Germany a. Executive Remuneration in Germany, p. 653-691)
- Slouching towards Monell: the disappearance of vicarious liability under section 10(b).(Abstract through II. The Different Rules Applicable to s. 10(b) C. Why the Difference? 2. Section 10(b) Has Taken on a More Expressive Role, p. 1261-1293)
- Going the way of the dodo: de-extinction, dualisms, and reframing conservation.(Abstract through II. Dualism in Endangered Species Laws, p. 849-876)
- The black box solution to autonomous liability.
- The seven dirty words you should be allowed to say on television.
- Throwing a toy wrench in the "greatest legal engine": child witnesses and the confrontation clause.
- When bank examiners get it wrong: financial institution appeals of material supervisory determinations.(Abstract through II. Appeals Processes by Regulator C. FDIC, p. 1101-1149)
- When any sentence is a life sentence: employment discrimination against ex-offenders.(Abstract through II. Legal Limits on the Employment of Ex-Offenders A. Constitutional Cases, p. 45-72)
- Going the way of the dodo: de-extinction, dualisms, and reframing conservation.(III. Dualism in Other Wildlife and Public Land Laws through Conclusion, with footnotes, p. 876-906)
- Appraisal arbitrage and the future of public company M&A.
- Knowing an "educational institution" when you see one: applying the commercially approach to tax exemptions for universities under s. 501(c)(3).
- Zero tolerance policies: criminalizing childhood and disenfranchising the next generation of citizens.
- Say on pay around the world.(I. Description of the Say on Pay Regimes: Legal Rules and Voting Outcomes F. Germany 2. Assessment of Shareholder Voting Power on Executive Remuneration Agreements in Germany b. Results of Shareholder Voting on Executive Remuneration through III. Predictions About the Future of Say on Pay, with footnotes, p. 692-731)
- The Civil Rights Act of 1964.
- Public actors in private markets: toward a developmental finance state.(Continuation of I. The Future Developmental Finance State: Extending the Role of Public Actors in Financial Markets through Conclusion, with footnotes, p. 140-176)
- Moral panics and body cameras.
- The evolution of federal courts' healthcare antitrust analysis: does the PPACA spell the end to hospital mergers?
- Protection for the vulnerable: how unaccompanied minors from El Salvador, Guatemala, and Honduras can qualify for asylum in the United States.
- A diamond in the rough: trans-substantivity of the Federal Rules of Civil Procedure and its detrimental impact on civil rights.
- Gayffirmative action: the constitutionality of sexual orientation-based affirmative action policies.(II. Affirmative Action and Tiered Scrutiny B. Sex-Based Affirmative Action and Intermediate Scrutiny through Conclusion, with footnotes, p. 766-792)
- Zero tolerance policies: criminalizing childhood and disenfranchising the next generation of citizens.(I. Introduction into II. Zero Tolerance Policies C. Legal Challenges, p. 271-297)
- Life is better in the land down under: Australian treatment of GM contamination and why it should be followed in the United States.(genetically modified)
- Disrupting education federalism.(Abstract through I. The Case for Reexamining Education Federalism, p. 959-983)
- Asymmetry as fairness: reversing a peremptory trend.
- Toward a critical corporate law pedagogy and scholarship.
- The inbetweeners: standardizing juvenileness and recognizing emerging adulthood for sentencing purposes after Miller.
- Appraisal arbitrage and the future of public company M&A.
- Legalization conflicts and reliance defenses.(Abstract through I. Rebellion Decriminalization and Reliance Dilemmas B. Three Contemporary Reliance Dilemmas 1. The Perilous Boom Industry of Marijuana Legalization, p. 907-932)
- Legalization conflicts and reliance defenses.(I. Rebellion Decriminalization and Reliance Dilemmas B. Three Contemporary Reliance Dilemmas 2. State Firearms Nullification Laws through Conclusion, with footnotes, p. 932-958)
- Public actors in private markets: toward a developmental finance state.(Abstract into III. The Future Developmental Finance State: Extending the Role of Public Actors in Financial Markets, p. 103-140)
- A taxonomy of discretion: refining the legality debate about Obama's executive actions on immigration.(Pres. Barack Obama)
- The limits of Second Amendment originalism and the constitutional case for gun control.(Introduction through II. The Problematic Efforts to Rescue Second Amendment Originalism, p. 1187-1229)
- Understanding the failures of market discipline.
- (Mis)trusting states to run elections.
- Disrupting education federalism.(II. A Theory for Disrupting Education Federalism through Conclusion: Toward a More Equitable Future, with footnotes, p. 983-1017)
- When bank examiners get it wrong: financial institution appeals of material supervisory determinations.(II. Appeals Processes by Regulator D. NCUA through Conclusion, with footnotes, p. 1149-1185)
- Young v. United Parcel Service, Inc.: McDonnell Douglas to the rescue?(accommodating pregnant workers)