Yale Law Journal - 1999
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Legitimating Reconstruction: the limits of legalism.
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Contentious business: merchants and the creation of a westernized judiciary in Hawai'i.
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The election of 1800: a study in the logic of political change.
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Schools, race, and money.
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Ruling by numbers: political restructuring and the reconsideration of democratic commitments after Romer v. Evans.
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On hate and equality.
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Global environmental regulation: instrument choice in legal context.
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Contract bankruptcy: a reply to Alan Schwartz.
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The boundaries of private property.
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Work vs. freedom: a liberal challenge to employment subsidies.
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Bearing false witness.
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Equal protection and the status of stereotypes.
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The McCulloch theory of the Fourteenth Amendment: City of Boerne v. Flores and the original understanding of section 5.
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Word Crimes: Blasphemy, Culture, and Literature in Nineteenth-Century England.
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Jury sentencing in noncapital cases: an idea whose time has come (again)?
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Rejecting the logic of confinement: care relationships and the mentally disabled under tort law.
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The game's the same: why gambling in cyberspace violates federal law.
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Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court.
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Transitions.
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Advertising and the public interest: legal protection of trade symbols.
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Symposium introduction.
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What would Ralph say?
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A consumer-welfare approach to the mandatory unbundling of telecommunications networks.
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Citizen Brown.
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The "good soldier" defense: character evidence and military rank at courts-martial.
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Discounting life.
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Constitutional change and the politics of history.
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The Americans' higher-law thinking behind higher lawmaking.
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Property and planning.
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Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court.
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Law, literature, and the problems of interdisciplinarity.
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The super-legality of the Constitution, or, a Federalist critique of Bruce Ackerman's neo-Federalism.
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God's house, or the law's.
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McDougal as teacher, mentor, and friend.
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In affectionate memory of Professor Myres McDougal: champion for an international law of human dignity.
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The center of the circle.
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Bankruptcy contracting revised: a reply to Alan Schwartz's new model.
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Fear of Judging: Sentencing Guidelines in the Federal Courts.
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Preserving per se.
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Revisiting the separate products issue.
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Bankruptcy contracting reviewed.
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In memoriam.
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Ralph Brown: farewell to a friend.
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Breakfast with Batman: the public interest in the advertising age.
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Ralph S. Brown.
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Taking the Constitution Away from the Courts.
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Myres Smith McDougal: a life of and about human dignity.
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No cure for a broken heart.
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Theory about law: jurisprudence for a free society.
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Clearing the smoke-filled room: women jurors and the disruption of an old-boys' network in Nineteenth-century America.
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Myres S. McDougal: a selected bibliography.
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Curriculum vitae.
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The strange career of the Reconstruction Amendments.
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The right-remedy gap in constitutional law.
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The American invention of child support: dependency and punishment in early American child support law.
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Are Asians black? The Asian-American civil rights agenda and the contemporary significance of the black/white paradigm.
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Law, politics, and the New Deal(s).
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Constitutional history and constitutional theory: reflections on Ackerman, Reconstruction, and the transformation of the American Constitution.
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Why we should discount the views of those who discount discounting.
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Colonial courts and secured credit: early American commercial litigation and Shays' Rebellion.
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Ralph S. Brown: a selected bibliography.
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The possibilities of comparative constitutional law.
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A common law for our age of colonialism: the judicial divestiture of Indian tribal authority over nonmembers.
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Constitutional theory transformed.
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Fragmenting procreation.
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When the people spoke, what did they say? the election of 1936 and the Ackerman thesis.
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The modern Lanham Act and the death of common sense.
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Law's empire and the final frontier: legalizing the future in the early Corpus Juris Spatialis.
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Constitutional moments and punctuated equilibria: a political scientist confronts Bruce Ackerman's We the People.
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Curriculum Vitae.
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Parental initiative in the age of signal bleed.
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Freedom to copy.
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Journalist's privilege: when deprivation is a benefit.
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Ethical eating: applying the Kosher food regulatory regime to organic food.
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Rethinking cost-benefit analysis.
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Revolution on a human scale.
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Deregulatory Takings and the Regulatory Contract: The Competitive Transformation of Network Industries in the United States.
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The Democratic Dilemma: Can Citizens Learn What They Need To Know?
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A tribute to Ralph S. Brown: pioneer scholar and professorial statesman.
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Windfalls.
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Judicial history.
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Culture as sameness: toward a synthetic view of provocation and culture in the criminal law.
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Death, life, and uncertainty: allocating the risk of error in the decision to terminate life support.
