Publications from 2009
Hands Off: When and About What, Kent Greenawalt
Religious Law Schools: Tension between Conscience and Academic Freedom, Kent Greenawalt
Secularism, Religion, and Liberal Democracy in the United States, Kent Greenawalt
The Cultural Defense: Reflections in Light of the Model Penal Code and the Religious Freedom Restoration Act, Kent Greenawalt
The Rule of Law and the Exemption Strategy, Kent Greenawalt
Heller High Water? The Future of Originalism, Jamal Greene
On the Origins of Originalism, Jamal Greene
Selling Originalism, Jamal Greene
The So-Called Right to Privacy, Jamal Greene
Secondary Human Rights Law, Monica Hakimi
Beyond Protection, Philip A. Hamburger
Henry Louis Gates and Racial Profiling: What's the Problem?, Bernard E. Harcourt
Neoliberal Penality: A Brief Genealogy, Bernard E. Harcourt
Neoliberal Penality: The Birth of Natural Order, the Illusion of Free Markets, Bernard E. Harcourt
Post-Modern Meditations on Punishment: On the Limits of Reason and the Virtues of Randomization, Bernard E. Harcourt
Post-Modern Meditations on Punishment: On the Limits of Reason and the Virtues of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, and Alice Ristroph
Winners and Losers in the Panel Stage of the WTO Dispute Settlement System, Bernard Hoekman, Henrik Horn, and Petros C. Mavroidis
Burden of Proof in Environmental Disputes in the WTO: Legal Aspects, Henrik Horn and Petros C. Mavroidis
Beyond the WTO? An Anatomy of EU and US Preferential Trade Agreements, Henrik Horn, Petros C. Mavroidis, and André Sapir
Happy Families? Translating Positive Psychology into Family Law, Clare Huntington
Integration, Reconstructed, Olatunde C.A. Johnson
Addressing Judicial Activism in the Indian Supreme Court: Towards an Evolved Debate, Madhav Khosla
Personal Sovereignty and Normative Power Skepticism, Jody S. Kraus
The Correspondence of Contract and Promise, Jody S. Kraus
Contract Design and the Structure of Contractual Intent, Jody S. Kraus and Robert E. Scott
Subsidizing Creativity Through Network Design: Zero Pricing and Net Neutrality, Robin S. Lee and Tim Wu
Assessing Chinese Legal Reforms, Benjamin L. Liebman
The 60th Anniversary of the PRC: A Retrospective on the Chinese Legal System – Introduction, Benjamin L. Liebman
The PTO and the Market for Influence in Patent Law, Clarisa Long
Constitutional Limits on Punitive Damages Awards: An Analysis of Supreme Court Precedent, Dorothy S. Lund
Marvin Frankel: A Reformer Reassessed, Gerard E. Lynch
Debt, Bankruptcy, and the Life Course, Allison Mann, Ronald J. Mann, and Sophie Staples
A New Proposal for Loan Modifications, Christopher J. Mayer, Edward R. Morrison, and Tomasz Piskorski
Accession and Original Ownership, Thomas W. Merrill
Facial and As-Applied Challenges Under the Roberts Court, Gillian E. Metzger
The Constitutional Legitimacy of Freestanding Federalism, Gillian E. Metzger
The Interdependent Relationship Between Internal and External Separation of Powers, Gillian E. Metzger
Bargaining Around Bankruptcy: Small Business Workouts and State Law, Edward R. Morrison
Chrysler, GM and the Future of Chapter 11, Edward R. Morrison
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
Homes with Tails: What if You Could Own Your Internet Connection?, Derek Slater and Tim Wu
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
Decline and Fall? The Roberts Court and the Challenges to Campaign Finance Law, 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