Publications from 2009
Is the Bankruptcy Code an Adequate Mechanism for Resolving the Distress of Systemically Important Institutions?, Edward R. Morrison
Abolishing the Time Tax on Voting, Elora Mukherjee
Banking Reform in the Chinese Mirror, Katharina Pistor
Into the Void: Governing Finance in Central & Eastern Europe, Katharina Pistor
Rethinking the "Law and Finance" Paradigm, Katharina Pistor
There Is No Single Field of Law and Development, Katharina Pistor
A Convenient Constitution? Extraterritoriality After Boumediene, Christina Duffy Ponsa-Kraus
Deep Secrecy, David Pozen
Judicial Elections as Popular Constitutionalism, David Pozen
Deep Secrecy, David E. Pozen
A Few Questions about the Social-Obligation Norm, Jedediah S. Purdy
Presidential Popular Constitutionalism, Jedediah S. Purdy
What Has to Change for Forests to Be Saved? A Historical Example from the United States, Jedediah S. Purdy
Revealing Choices: Using Taxpayer Choice to Target Tax Enforcement, Alex Raskolnikov
Agency and Luck, Joseph Raz
Reasons: Practical and Adaptive, Joseph Raz
Responsibility and the Negligence Standard, Joseph Raz
Political Control of Federal Prosecutions: Looking Back and Looking Forward, Daniel C. Richman
Decisional Dignity: Teenage Abortion, Bypass Hearings, and the Misuse of Law, Carol Sanger
Lou Lowenstein: An Enduring Legacy, David M. Schizer
Subsidizing Charitable Contributions: Incentives, Information, and the Private Pursuit of Public Goals, David M. Schizer
Surrogacy and the Politics of Commodification, Elizabeth S. Scott
In (Partial) Defense of Strict Liability in Contract, Robert E. Scott
Optimization and Its Discontents in Regulatory Design: Bank Regulation as an Example, William H. Simon
The Warren Court, Legalism and Democracy: Sketch for a Critique in a Style Learned from Morton Horwitz, William H. Simon
Reforming Family Court: Getting it Right Between Rhetoric and Reality, Jane M. Spinak
Free Enterprise Fund v. Public Company Accounting Oversight Board, Peter L. Strauss
Geier v. American Honda Motor Co.: A Story of Statutes, Regulation and the Common Law, Peter L. Strauss
Legal Frameworks and Institutional Contexts for Public Consultation Regarding Administrative Action: The United States, Peter L. Strauss
On Capturing the Possible Significance of Institutional Design and Ethos, Peter L. Strauss
Our Twenty-First Century Constitution, Peter L. Strauss
Rulemaking and the American Constitution, Peter L. Strauss
To and From the Community, Peter L. Strauss
On Uncertainty, Ambiguity, and Contractual Conditions, Eric L. Talley
Public Ownership. Firm Governance, and Litigation Risk, Eric L. Talley
Administrative Detention of Terrorists: Why Detain, and Detain Whom?, Matthew C. Waxman
Guantánamo, Habeas Corpus, and Standards of Proof: Viewing the Law Through Multiple Lenses, Matthew C. Waxman
Intervention to Stop Genocide and Mass Atrocities: International Norms and U.S. Policy, Matthew C. Waxman
Police and National Security: American Local Law Enforcement and Counter-Terrorism after 9/11, Matthew C. Waxman
The Law of Armed Conflict and Detention Operations in Afghanistan, Matthew C. Waxman
The Use of Force Against States that Might Have Weapons of Mass Destruction, Matthew C. Waxman
United States Detention Operations in Afghanistan and the Law of Armed Conflict, Matthew C. Waxman
Executions, Deterrence and Homicide: A Tale of Two Cities, Franklin Zimring, Jeffrey Fagan, and David T. Johnson
Publications from 2008
Experimental Law and Economics, Jennifer Arlen and Eric L. Talley
Demystifying the Right to Exclude: Of Property, Inviolability, and Automatic Injunctions, Shyamkrishna Balganesh
Rethinking Copyright: Property through the Lenses of Unjust Enrichment and Unfair Competition, Shyamkrishna Balganesh
Introduction to Sandra Day O'Connor, George A. Bermann
The American Law Institute Goes Global: The Restatement of International Commercial Arbitration, George A. Bermann
Foreword, Jagdish N. Bhagwati
Are We Over-Lawyering International Affairs, Philip C. Bobbitt, John D. Hutson, John C. Yoo, Philip D. Zelikow, and Edwin D. Williamson
Can Congress Authorize the Opponents of Self-Financed Candidates to Receive Extra-Large Contributions?, Richard Briffault
Courts, Constitutions, and Public Finance: Some Recent Experiences from the States, Richard Briffault
WRTL II: The Sharpest Turn in Campaign Finance's Long and Winding Road, Richard Briffault
Lobbying and Campaign Finance: Separate and Together, Richard Briffault
Public Financing and Presidential Elections, Richard Briffault
Human Rights in the United States, Sarah H. Cleveland and Catherine Powell
Accountability and Competition in Securities Class Actions: Why "Exit" Works Better than "Voice", John C. Coffee Jr.
Silence of the Laws? Conceptions of International Relations and International Law in Hobbes, Kant, and Locke, Michael W. Doyle and Geoffrey S. Carlson
Integrating Accommodation, Elizabeth F. Emens
Punishment, Deterrence and Social Control: The Paradox of Punishment in Minority Communities, Jeffery Fagan and Tracey L. Meares
Juvenile Crime and Criminal Justice: Resolving Border Disputes, Jeffrey Fagan
Legitmacy and Criminal Justice, Jeffrey A. Fagan
Symposium on Pursuing Racial Fairness in Criminal Justice: Twenty Years after McCleskey v. Kemp, Jeffrey Fagan and Mukul A. Bakhshi
Self-Defense and the Psychotic Aggressor, George P. Fletcher and Luis E. Chiesa
Gatekeeper Failures: Why Important, What To Do, Merritt B. Fox
Longing for Loving, Katherine M. Franke
Climate Change and the Environmental Impact Review Process, Michael B. Gerrard
Global Climate Change Offers Hot Career Opportunities, Michael B. Gerrard
McCain vs. Obama on Environment, Energy, and Resources, Michael B. Gerrard
SEQRA and Climate Change, Michael B. Gerrard
Survey of SEQRA Cases from 2007, Michael B. Gerrard
Financial Disclosure of Risks Related to Global Climate Change, Michael B. Gerrard and Christopher Anderson
Sovereign Wealth Funds and Corporate Governance: A Minimalist Response to the New Mercantilism, Ronald J. Gilson and Curtis J. Milhaupt
Deconstructing Equity: Public Ownership, Agency Costs, and Complete Capital Markets, Ronald J. Gilson and Charles K. Whitehead
Recent Developments in US Copyright Law – Part II, Caselaw: Exclusive Rights on the Ebb?, Jane C. Ginsburg
Recent Developments in US Copyright Law: Part I – "Orphan" Works, Jane C. Ginsburg
"See Me, Feel Me, Touch Me, Hea[r] Me" (and Maybe Smell and Taste Me, Too): I am a Trademark – A US Perspective, Jane C. Ginsburg
Separating the Sony Sheep from the Grokster Goats: Reckoning the Future Business Plans of Copyright-Dependent Technology Entrepeneurs, Jane C. Ginsburg
Equality Opportunity: Marriage Litigation and Iowa's Equal Protection Law, Suzanne B. Goldberg
Family Law Cases as Law Reform Litigation: Unrecognized Parents and the Story of Alison D. v. Virginia M., Suzanne B. Goldberg
Intuition, Morals, and the Legal Conversation About Gay Rights, Suzanne B. Goldberg
Cleaning Up Lake River, Victor P. Goldberg
Proxy Contests in an Era of Increasing Shareholder Power: Forget Issuer Proxy Access and Focus on E-Proxy, Jeffrey N. Gordon
A Multilateral Solution for the Income Tax Treatment of Interest Expenses, Michael J. Graetz
Brief Comments on an Intermediate Position, Kent Greenawalt
The Cultural Defense: Reflections in Light of the Model Penal Code and the Religious Freedom Restoration Act, Kent Greenawalt
Giving the Constitution to the Courts, Jamal Greene
Children, Kin, and Court: Designing Third Party Custody Policy to Protect Children, Third Parties and Parents, Joshua Gupta-Kagan
International Standards for Detaining Terrorism Suspects: Moving Beyond the Armed Conflict-Criminal Divide, Monica Hakimi
Abolition in the U.S.A. by 2050: On Political Capital and Ordinary Acts of Resistance, Bernard E. Harcourt
Supposons que la discipline et la sécurité n'existent pas - Rereading Foucault's Collége de France Lectures (with Paul Veyne), Bernard E. Harcourt
Land Assembly Districts, Michael A. Heller and Rick Hills
The Permissible Reach of National Environmental Policies, Henrik Horn and Petros C. Mavroidis
A House Still Divided, Clare Huntington
Missing Parents, Clare Huntington
Parents as Hubs, Clare Huntington
Repairing Family Law, Clare Huntington
The Constitutional Dimension of Immigration Federalism, Clare Huntington
From Langdell to Law and Economics: Two Conceptions of Stare Decisis in Contract Law and Theory, Jody S. Kraus