William and Mary Law Review - 2013
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The Federal Circuit as a federal court.
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Rethinking review standards in asylum.
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Precedent or problem? Alameda County's diversion policy for youth charged with prostitution and the case for a policy of immunity.
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The non-redelegation doctrine.
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Flunking the class-of-one/failing equal protection.
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A general theory of governance: due process and lawmaking power.
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Knowledge is power: the fundamental right to record present observations in public.
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The good cop: knowing the difference between lawful or effective policing and rightful policing - and why it matters.
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General law in federal court.
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A critical guide to Erie Railroad Co. v. Tompkins.
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The states of immigration.
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The changing guard of patent law: Chevron deference for the PTO.
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Statutory interpretation as contestatory democracy.
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The cost of securities fraud.
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The cost of securities fraud.
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Copyright essentialism and the performativity of remedies.
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Nonmarket values in family businesses.
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The federal common law of statutory interpretation: Erie for the age of statutes.
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Cyber-republicanism.
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Freedom of speech, defamation, and injunctions.
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Nonmarket values in family businesses.
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The use of gender quotas in America: are voluntary party quotas the way to go?
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Untethered norms after Erie Railroad Co. v. Tompkins: positivism, international law, and the return of the "brooding omnipresence".
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Tinker-ing with speech categories: solving the off-campus student speech problem with a categorical approach and a comprehensive framework.
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Who's your daddy? Defining paternity rights in the context of free, private sperm donation.
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Rethinking review standards in asylum.
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Congressional silence and the statutory interpretation game.
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Statutory interpretation as contestatory democracy.
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The states of immigration.
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Parens patriae: a flawed strategy for state-initiated obesity litigation.
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A critical guide to Erie Railroad Co. v. Tompkins.
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Congressional silence and the statutory interpretation game.
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Avoiding FCPA surprises: safe harbor from successor liability in cross-border mergers and acquisitions.
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Charities in politics: a reappraisal.
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The federal medical loss ratio: a permissible federal regulation or an encroachment on state power?
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A general theory of governance: due process and lawmaking power.
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Why jurisprudence doesn't matter for customary international law.
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Valid rule due process challenges: Bond v. United States and Erie's constitutional source.
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Secure Communities: burdening local law enforcement and undermining the U Visa.
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Can Erie survive as federal common law.
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Copyright essentialism and the performativity of remedies.
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Freedom of speech, defamation, and injunctions.
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Dicta, schmicta: theory versus practice in lower court decision making.
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General law in federal court.
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The federal common law of statutory interpretation: Erie for the age of statutes.
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Law's dark matter.
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Speech, intent, and the chilling effect.
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Rethinking legal globalization: the case of transnational personal jurisdiction.
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Trademark morality.
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Rethinking legal globalization: the case of transnational personal jurisdiction.
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The non-redelegation doctrine.
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The Federal Circuit as a federal court.
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Privacy and consent over time: the role of agreement in Fourth Amendment analysis.
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The changing guard of patent law: Chevron deference for the PTO.
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Trademark morality.
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How customary is customary international law?
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Oasis or mirage: the Supreme Court's thirst for dictionaries in the Rehnquist and Roberts eras.
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Cyber-republicanism.
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Charities in politics: a reappraisal.
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Speech, intent, and the chilling effect.
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Contracting for performance: restructuring the private prison market.
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Oasis or mirage: the Supreme Court's thirst for dictionaries in the Rehnquist and Roberts eras.
