Yale Law Journal - 2010
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Constructing America: mythmaking in U.S. immigration courts.
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The Unbounded Home: Property Values Beyond Property Lines.
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Legality.
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Withdrawing from international custom.
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Peace through complementarity: solving the ex post problem in International Criminal Court prosecutions.
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Privilege or Punish: Criminal Justice and the Challenge of Family Ties.
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Contract, race, and freedom of labor in the constitutional law of 'involuntary servitude'.
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Neuroscience and institutional choice in federal sentencing law.
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A progressive visionary: Stephen Reinhardt and the First Amendment.
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The states as laboratories of statutory interpretation: methodological consensus and the new modified textualism.
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Implementing the Hague Convention on Choice of Court Agreements in the United States: an opportunity to clarify recognition and enforcement practice.
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Uniform ethical regulation of federal prosecutors.
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Judge stories.
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A free pass for foreign firms? An assessment of SEC and private enforcement against foreign issuers.
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Judge Stephen Reinhardt: United States Court of Appeals for the Ninth Circuit.
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Privacy, personhood, and the courts: FOIA exemption 7(C) in context.
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The significance of domicile in Lyman Trumbull's conception of citizenship.
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Interpreting by the book: legislative drafting manuals and statutory interpretation.
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Citizens informed: broader disclosure and disclaimer for corporate electoral advocacy in the wake of Citizens United.
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Disenfranchising shareholders: the future of Blasius after Mercier v. Inter-Tel.
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Disestablishing the family.
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Bankruptcy as constitutional property: using statutory entitlement theory to abrogate state sovereign immunity.
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A Modern Legal Ethics: Adversary Advocacy in a Democratic Age.
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Cost-shifting in electronic discovery.
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Suspending the writ at Guantanamo: take III?
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Discovery audits: Model Rule 3.8(d) and the prosecutor's duty to disclose.
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Constitutional avoidance Step Zero.
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The Voting Rights Act's secret weapon: pocket trigger litigation and dynamic preclearance.
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Tax cases make bad work product law: the discoverability of litigation risk assessments after United States v. Textron.
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Eminent domain due process.
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Maximizing participation through campaign finance regulation: a cap and trade mechanism for political money.
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Antibankruptcy.
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Taking exit rights seriously: why governance and fee litigation don't work in mutual funds.
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The one and only substantive due process clause.
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Federal administration and administrative law in the Gilded Age.
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Accountability, deference, and the Skidmore doctrine.
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Fourth Amendment seizures of computer data.
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Refreshing the page on online collateral auctions.
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Strategic vagueness in contract design: the case of corporate acquisitions.
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American Needle v. NFL: an opportunity to reshape sports law.
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Patent law and the two cultures.
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Strategic or sincere? Analyzing agency use of guidance documents.
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The judicial 'odd couple'.
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The reverse-Batson: wrestling with the habeas remedy.
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Huppert v. City of Pittsburg: the contested status of police officers' subpoenaed testimony after Garcetti v. Ceballos.
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Reading Reinhardt: the work of constructing legal virtue (exempla iustitiae).
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The significance of signatures: why the framers signed the Constitution and what they meant by doing so.
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Addressing the green patent global deadlock through Bayh-Dole reform.
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Reinhardt at work.
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The politics of nature: climate change, environmental law, and democracy.
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Contract interpretation redux.
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Against insurance rescission.
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Regulating in the shadow of the U.C.C.: how courts should interpret state consumer protection laws.
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Indefinite detention of immigrant information: federal and state overreaching in the interpretation of 8 C.F.R.
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Legislative rules, nonlegislative rules, and the perils of the short cut.
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Rethinking criminal law and family status.
