William and Mary Law Review - 2016
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Dead men bring no claims: how takings claims can provide redress for real property owning victims of Jim Crow race riots.
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Pro-constitutional representation: comparing the role obligations of judges and elected representatives in constitutional democracy.
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A tiny fish and a big problem: natives, elvers, and the Maine Indian Claims Settlement Act of 1980.
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Some thoughts on the study of judicial behavior.
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Rights gone wrong: a case against wrongful life.
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Charging on the margin.
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Corporate governance in an era of compliance.
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The logic of contract in the world of investment treaties.
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Premodern constitutionalism.
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An empirical study of implicit takings.
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Perverse innovation.
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Judicial power to regulate plea bargaining.
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Encouraging transportation-oriented development in the United States: a case for utilizing "earned as of location" credits to promote strategic economic development.
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Agencies running from agency discretion.
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Guilt, innocence, and due process of plea bargaining.
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The administrative constitution in exile.
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Why plea bargains are not confessions.
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Appellate deference in the age of facts.
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Pleading guilty without client consent.
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Premodern constitutionalism.
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A problem of standards? Another perspective on secret law.
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Leave and marriage: the flawed progress of paternity leave in the U.S. military.
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Shifting data breach liability: a congressional approach.
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Our prescriptive judicial power: constitutive and entrenchment effects of historical practice in federal courts law.
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Scope.
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Plea bargaining and disclosure in Germany and the United States: comparative lessons.
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Plea bargaining and the substantive and procedural goals of criminal justice: from retribution and adversarialism to preventive justice and hybrid-inquisitorialism.
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Our prescriptive judicial power: constitutive and entrenchment effects of historical practice in federal courts law.
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Judicial power to regulate Plea bargaining.
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A problem of standards? Another perspective on secret law.
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The administrative constitution in exile.
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Criminalizing "private" torture.
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The common law of war.
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Scope.
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Exploiting ambiguity in the Supreme Court: cutting through the Fifth Amendment with transferable development rights.
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The second dimension of the Supreme Court.
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The beginning of the end: using Ohio's plan to eliminate juvenile solitary confinement as a model for statutory elimination of juvenile solitary confinement.
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Punishing sexual fantasy.
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Taking teacher quality seriously.
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Criminalizing "private" torture.
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Charging on the margin.
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Community versus market values of life.
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Some thoughts on the study of judicial behavior.
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A comparative look at plea bargaining in Australia, Canada, England, New Zealand, and the United States.
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The logic of contract in the world of investment treaties.
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Taking teacher quality seriously.
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An empirical study of implicit takings.
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Pro-constitutional representation: comparing the role obligations of judges and elected representatives in constitutional democracy.
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The prosecutor's turn.
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Implementing enumeration.
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Corporate governance in an era of compliance.
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Training for bargaining.
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Retroactive recognition of same-sex marriage for the purposes of the confidential marital communications privilege.
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Designing plea bargaining from the ground up: accuracy and fairness without trials as backstops.
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Neutral principles and some campaign finance problems.
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Thinking outside the jury box: deploying the grand jury in the guilty plea process.
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Determining the deception of sexual orientation change efforts.
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Agencies running from agency discretion.
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Neutral principles and some campaign finance problems.
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Plea bargaining's baselines.
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Training for bargaining.
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Guilt, innocence, and due process of plea bargaining.
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A comparative look at plea bargaining in Australia, Canada, England, New Zealand, and the United States.
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Punishing sexual fantasy.
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Friendly precedent.
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Plea bargaining's baselines.
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Community versus market values of life.
