William and Mary Law Review - 2008
-
Religion at a public university.
-
Patently protectionist? An empirical analysis of patent cases at the International Trade Commission.
-
Some skepticism about normative constitutional advice.
-
Constitution making after national catastrophes: Germany in 1949 and 1990.
-
Popular authorship and constitution making: comparing and contrasting the DRC and Kenya.
-
How wide should the actual innocence gateway be? An attempt to clarify the miscarriage of justice exception for federal habeas corpus proceedings.
-
Imitation is the sincerest form of ... infringement? Guitar tabs, fair use, and the Internet.
-
Reconstructing the race-sex analogy.
-
The continuing drift of federal sovereign immunity jurisprudence.
-
The failure of punitive damages in employment discrimination cases: a call for change.
-
The taxation of private equity carried interests: estimating the revenue effects of taxing profit interests as ordinary income.
-
Could and should America have made an Ottoman Republic in 1919?
-
Constitution making at the edges of constitutional order.
-
The theocratic challenge to Constitution drafting in post-conflict states.
-
What's in a name? Reflections on timing, naming, and constitution-making.
-
Of state laboratories and legislative alloys: how 'fair share' laws can be written to avoid ERISA preemption and influence private sector health care reform in America.
-
I'll make you a deal: how repeat informants are corrupting the criminal justice system and what to do about it.
-
Invoking the rule of law in post-conflict rebuilding: a critical examination.
-
Extraterritoriality in U.S. patent law.
-
Expanding participation in constitution making: challenges and opportunities.
-
Can public debt enhance democracy?
-
A Constitution between past and future.
-
Law, biology, and property: a new theory of the endowment effect.
-
Possession is nine tenths of the law: but who really owns a church's property in the wake of a religious split within a hierarchical church?
-
Baghdad, Tokyo, Kabul ...: constitution making in occupied states.
-
Procrastination, deadlines, and statutes of limitation.
-
Rethinking drug inadmissibility.
-
The unrecognized right of criminal defendants to admit their own pretrial statements.
-
Murderous Madonna: femininity, violence, and the myth of postpartum mental disorder in cases of maternal infanticide and filicide.
-
Why church and state should be separate.
-
A realistic approach to the obviousness of inventions.
-
Misdemeanants, firearms, and discretion: the practical impact of the debate over 'physical force' and 18 U.S.C.
-
State regulation of sexuality in international human rights law and theory.
-
Imperial and imperiled: the curious state of the executive.
-
Cartels, agency costs, and finding virtue in faithless agents.
-
Post-conflict rule of law building: the need for a multi-layered, synergistic approach.
-
Death by a thousand cases: after Booker, Rita, and Gall, the Guidelines still violate the Sixth Amendment.
-
Tempest in an empty teapot: why the Constitution does not regulate gerrymandering.
-
Renting the good life.
-
All bark and no bite: a modern evidentiary argument for the retirement of the age-old Pennsylvania rule.
-
Constitution writing in post-conflict settings: an overview.
-
Initiating a new constitutional dialogue: the increased importance under AEDPA of seeking certiorari from judgments of state courts.
-
Conciliatory institutions and constitutional processes in post-conflict states.
-
The dangers of the Digital Millennium Copyright Act: much ado about nothing?
-
Political judges and popular justice: a conservative victory or a conservative dilemma?
-
Should states have greater standing rights than ordinary citizens? Massachusetts v. EPA's new standing test for states.
-
Reconstructing the dormant commerce clause doctrine.
-
Quintessential elements of meaningful constitutions in post-conflict states.
