William and Mary Law Review - 2001
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Gatlin Oil Co. v. United States: a myopic view of OPA liability.
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John Levy: civil libertarian, ethics-guru, teacher, mentor, and man.
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Constitutional theory for criminal procedure: Dickerson, Miranda, and the continuing quest for broad-but-shallow.
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The slippery slope of secrecy: why patent law preempts reverse-engineering clauses in shrink-wrap licenses.
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Communis Opinio and the methods of statutory interpretation: interpreting law or changing law.
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Biophilia, the Endangered Species Act, and a new endangered species paradigm.
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Structural review, pseudo-second-look decision making, and the risk of diluting constitutional liberty.
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Moving the baseline: the contradiction at the core of constitutional discourse over state aid to parochial schools.
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School vouchers: inviting the public into the religious square.
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The little guy myth: the Fair Act's victimization of small business.
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Clinton, Kosovo, and the final destruction of the War Powers Resolution.
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Choice of form and network externalities.
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Religion and the First Amendment: some causes of the recent confusion.
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Free? exercise.
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The long distance remand: Florida v. Bostick and the re-awakened bus search battlefront in the war on drugs.
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A Constitution of collaboration: protecting fundamental values with second-look rules of interbranch dialogue.
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Entity theory as myth in the origins of the corporate income tax.
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Normativity and objectivity in law.
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The local law of global antitrust.
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Meaning, intention, and the hearsay rule.
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Subconstitutional constitutional law: supplement, sham, or substitute?
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The case for strict statutory construction of mandatory agency deadlines under section 706(1).
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Adjudication and the problems of incommensurability.
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Why political reliance on religiously grounded morality does not violate the Establishment Clause.
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Establishing uniformity: the need for a per se rule against the grouping of money laundering and fraud counts under the federal sentencing guidelines.
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Owning digital copies: copyright law and the incidents of copy ownership.
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Designing non-national systems: the case of the uniform domain name dispute resolution policy.
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Social meaning and school vouchers.
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A Dickensian era of religious rights: an update on religious human rights in global perspective.
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Religion, democracy, and autonomy: a political parable.
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Lies, damn lies, and misleading advertising: the role of consumer surveys in the wake of Mead Johnson v. Abbott Labs.
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On castles and commerce: zoning law and the home-business dilemma.
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A good lawyer and a good person.
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Respecting deference: conceptualizing Skidmore within the architecture of Chevron.
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Bridging the gap between work and family: accomplishing the goals of the Family and Medical Leave Act of 1993.
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Accommodation and equal liberty.
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John Levy - friend, mentor and inspiration.
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The 1972 U.S.-Soviet ABM treaty: cornerstone of stability or relic of the cold war?
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Government messages and government money: Santa Fe, Mitchell v. Helms, and the arc of the Establishment Clause.
