William and Mary Law Review - 1999
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Moral reasons and the limitation of liberty.
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From autonomy to agency: feminist perspectives on self-direction.
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SEC Rule 14e-3 in the wake of United States v. O'Hagan: proper prophylactic scope and the future of warehousing.
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Coercing privacy.
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The Brandeis gambit: the making of America's 'first freedom,' 1909-1931.
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Crimes against autonomy: Gerald Dworkin on the enforcement of morality.
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Evidence myopia: the failure to see the Federal Rules of Evidence as a codification of the common law.
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Still a solution: in further support of spending supermajority rules.
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Oppression, lies, and the dream of autonomy.
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Fighting the devil we don't know: Kansas v. Hendricks, a case study exploring the civilization of criminal punishment and its ineffectiveness in preventing child sexual abuse.
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Wireless facilities are a towering problem: how can local zoning boards make the call without violating section 704 of the Telecommunications Act of 1996?
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Supermajority rules as a constitutional solution.
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We the People: Transformations.
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Shame on you: an analysis of modern shame punishment as an alternative to incarceration.
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Fidelity, basic liberties, and the specter of Lockner.
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Autonomy and agency.
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Reflections on coercing privacy.
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Arbitration and reform in private securities litigation: dealing with the meritorious as well as the frivolous.
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A fiscal Constitution with supermajority voting rules.
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Transferring policymaking power to judges - the effect of judicially enforceable constitutional restraints is not a defensible alternative to majority rule.
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Devlin was right: law and the enforcement of morality.
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Gazing into the crystal ball: reflections on the standards state judges should use to ascertain federal law.
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Introduction.
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The fragmented liberty clause.
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Reconstructing Galston's conception of state neutrality.
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The fiscal powers and the 1930s: entrenchment.
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Nomos, narrative, and adjudication: toward a jurisgenetic theory of law.
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Getting from here to there: the rebirth of constitutional constraints on the special interest state.
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Waiver of the right to appeal sentencing in plea agreements with the federal government.
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Power, policy, and the Hyde Amendment: ensuring sound judicial interpretation of the criminal attorneys' fees law.
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Will, judgment, and economic liberty: Mr. Justice Souter and the mistranslation of the Due Process Clause.
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Lost fidelities.
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Of textualism, party autonomy, and good faith.
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Introduction: reconstructing liberalism.
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Conflicts of interest in scientific expert testimony.
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Boyle v. United Technologies Corp. and the government contractor defense: an analysis based on the current Circuit split regarding the scope of the defense.
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Lochner, parity, and the Chinese laundry.
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Riding on a diamond in the sky: the DBS set-aside provisions of the 1992 Cable Act.
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The inevitable infidelities of constitutional translation: the case of the New Deal.
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Reconstructive tasks for a liberal feminist conception of privacy.
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A one shot deal: the National Childhood Vaccine Injury Act.
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Customary international law and international human rights litigation in United States courts: revitalizing the legacy of the Paquete Habana.
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Expressive liberty, moral pluralism, political pluralism: three sources of liberal theory.
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The Founders and the president's authority over foreign affairs.
