Law Faculty Articles and Research

 
Below you may find selected research articles from faculty in the Fowler School of Law.

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Submissions from 2017

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The Jewel in the Crown: Can India’s Strict Liability Doctrine Deepen Our Understanding of Tort Law Theory, Deepa Badrinarayana

The Unfinished Business of the Armenian Genocide: Armenian Restitution in American Courts, Michael J. Bazyler and Rajika L. Shah

Some Rough Historical Parallels Between South Africa and the United States, Denis Binder

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Executive Action and Nonaction, Tom Campbell

The Power to Control Immigration is a Core Aspect of Sovereignty, John C. Eastman

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The President’s Pen and the Bureaucrat’s Fiefdom, John C. Eastman

Deference and Fiction: Reforming Chevron’s Legal Fictions after King v. Burwell, Kurt Eggert

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I Share, Therefore It’s Mine, Donald J. Kochan

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Playing with Real Property Inside Augmented Reality: Pokemon Go, Trespass, and Law’s Limitations, Donald J. Kochan

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Healthy Zoning, Matthew J. Parlow

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The Curious Case of the Bradley Center, Matthew J. Parlow

Preemption, Federalism, and Local Democracy, Kenneth A. Stahl

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The Challenge of Inclusion, Kenneth A. Stahl

Submissions from 2016

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The Holocaust at Nuremberg: What the Record Reveals, Michael Bazyler

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Copyrights, Privacy, and the Blockchain, Tom W. Bell

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Special Economic Zones in the United States: From Colonial Charters, to Foreign-Trade Zones, Towards USSEZs, Tom W. Bell

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A Tort Perspective on Cyberbullying, Denis Binder

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Can We Secure the Hallowed Halls of Academe?, Denis Binder

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The Increasing Application of Criminal Law in Disasters and Tragedies: A Global Phenomenon, Denis Binder

The Increasing Application of Criminal Law in Disasters and Tragedies: A Global Phenomenon, Denis Binder

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Currency Wars and the Erosion of Dollar Hegemony, Lan Cao

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The Hate Exclusion: Moral Tax Equity for Damages Received on Account of Race, Sex, or Sexual Orientation Discrimination Published:, Bobby Dexter

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No Free Lunch, but Dinner and a Movie (And Contraceptives for Dessert)?, John C. Eastman

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Why Patent Exhaustion Should Liberate Products (and Not Just People), Samuel F. Ernst

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Moving Beyond Miranda: Concessions for Confessions, Scott Howe

Deeds and the Determinacy Norm: Insights from Brandt and Other Cases on an Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan

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Incumbent Landscapes, Disruptive Uses: Perspectives on Marijuana-Related Land Use Control, Donald J. Kochan

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The Progression and Evolution of International Law Scholarship over the Past 50 Years: Some Quantitative Observations, Donald J. Kochan

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Virtual Liquid Networks and Other Guiding Principles for Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan

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We Should Not Rely on Commercial Bar Reviews to Do Our Job: Why Labor-Intensive Comprehensive Bar Examination Preparation Can and Should Be a Part of the Law School Mission, Mario Maneiro

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Ethical and Effective Representation of Unaccompanied Immigrant Minors in Domestic Violence-Based Asylum Cases, Julie Marzouk

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One Size Does Not Fit All: The Deterrent Effect of Transferring Juveniles to Criminal Court, Richard E. Redding

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The Counterintuitive Costs and Benefits of Clinical Legal Education, Richard E. Redding

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Compulsion, Lawrence Rosenthal

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Good and Bad Ways to Address Police Violence, Lawrence Rosenthal

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Vertical Federalism, the New States’ Rights, and the Wisdom of Crowds, Ronald D. Rotunda

Design Is the Source of Variation; Selection Is the Filter, Vernon Smith

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The Challenge of Inclusion, Kenneth Stahl

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Local Home Rule in the Time of Globalization, Kenneth A. Stahl

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Preemption, Federalism, and Local Democracy, Kenneth A. Stahl

Submissions from 2015

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“Gatting” the New Climate Treaty Right: Leveraging Energy Subsidies to Promote Multilateralism, Deepa Badrinarayana

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Copyright Porn Trolls, Wasting Taxi Medallions, and Propriety of 'Property', Tom W. Bell

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Unconstitutional Quartering, Governmental Immunity, and Van Halen’s Brown M&M Test, Tom W. Bell

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Response, The E-Books Conspiracy: Crossing the Line Between Applying and Creating Law, Tom Campbell

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The E-Books Conspiracy: Crossing the Line Between Applying and Creating Law, Tom Campbell

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Seventeen Years Since the Sunset: The Expiration of 245(i) and Its Effect on U.S. Citizens Married to Undocumented Immigrants, Marisa Silenzi Chianchiarulo

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Cheating Marriage: A Tragedy in Three Acts, John C. Eastman

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Patent Exhaustion for the Exhausted Defendant: Should Parties be Able to Contract Around Patent Exhaustion in Settling Patent Litigation?, Samuel F. Ernst

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The Lost Precedent of the Reverse Doctrine of Equivalents, Samuel F. Ernst

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Trolls or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value to Society?, Samuel F. Ernst

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The Implications of Incorporating the Eighth Amendment Prohibition on Excessive Bail, Scott Howe

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The Perilous Psychology of Public Defending, Scott Howe

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Bubbles (Or, Some Reflections on the Basic Laws of Human Relations), Donald J. Kochan

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Constituencies and Contemporaneousness in Reason-Giving: Thoughts and Direction After T-Mobile, Donald J. Kochan

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The (Not So Dire) Future of the Necessary and Proper Power after National Federal of Independent Business v. Sebelius, Celestine Richards McConnville

Direct Democracy as a Legislative Act, Henry S. Noyes

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The Limits of Second Amendment Originalism and the Constitutional Case for Gun Control, Lawrence Rosenthal

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The Statement and Account Clause as a National Security Freedom of Information Act, Lawrence Rosenthal

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Book Review, The Once and Future King: The Rise of Crown Government in America, Ronald D. Rotunda

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O Direito De Dissidência E a Dívida Dos Estados Unidos Com Heródoto E Tucídides (The Right of Dissent and America’s Debt to Herodotus and Thucydides), Ronald D. Rotunda

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The Right of Dissent and America’s Debt to Herodotus and Thucydides, Ronald D. Rotunda

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The Right of Dissent and America’s Debt to Herodotus and Thucydides, Ronald D. Rotunda

Submissions from 2014

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Local Government, "One Person, One Vote," and the Jewish Question, Kenneth Stahl

Submissions from 2013

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India's State of Legal Education: The Road from NLSIU to Jindal, Deepa Badrinarayana

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From "Plyler" to "Arizona": Have the Courts Forgotten About "Corfield v Coryell"?, John C. Eastman

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Applying the Revised ABA Model Rules in the Age of the Internet: The Problem of Metadata, Ronald D. Rotunda

Submissions from 2012

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Papers, Please: Does the Constitution Permit the States a Role In Immigration Enforcement?, John C. Eastman

Submissions from 2011

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Constitutionalizing Judicial Ethics: Judicial Elections after Republican Party v. White, Caperton, and Citizens United, Ronald D. Rotunda

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Resolving Client Conflicts by Hiring “Conflicts Counsel", Ronald D. Rotunda

Submissions from 2010

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Debate on Birthright Citizenship, John C. Eastman

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Reflections on Justice Thomas's Twenty Years on the Bench, John C. Eastman

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Codifying Caperton v. A.T. Massey Coal Co., Ronald D. Rotunda

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Judicial Disqualification in the Aftermath of Caperton v. A.T. Massey Coal Co., Ronald D. Rotunda

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Judicial Transparency, Judicial Ethics, and a Judicial Solution: An Inspector General for the Courts, Ronald D. Rotunda

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The Intellectual Forebears of Citizens United, Ronald D. Rotunda

Submissions from 2009

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The Roberts Court and Federalism, Paul D. Clement, Walter E. Dellinger III, John C. Eastman, and Rosen Jeffrey

Submissions from 2007

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Born in the USA? Re-assessing Birthright Citizenship in the Wake of 9/11, John C. Eastman

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Full Faith and Republican Guarantees: Gay Marriage, FMPA, and the Courts, John C. Eastman

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Teaching Professional Responsibility and Ethics, Ronald D. Rotunda

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Marriage Equality in California: Legal and Political Prospects, Kenneth W. Starr, Shannon Price Minter, John C. Eastman, and David C. Codell

Submissions from 2006

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California's Estate Tax Dilemma, Frank Doti

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Listening to the Enemy: The President's Power to Conduct Surveillance of Enemy Communications During Time of War, John C. Eastman

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Politics and the Court: Did the Supreme Court Really Move Left Because of Embarrassment over Bush v. Gore?, John C. Eastman

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Judicial Ethics, the Appearance of Impropriety, and the Proposed New ABA Judicial Code (The Howard Lichtenstein Lecture in Legal Ethics), Ronald D. Rotunda

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The Detainee Cases of 2004 and 2006 and their Aftermath, Ronald D. Rotunda

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The Propriety of a Judge’s Failure to Recuse When Being Considered for Another Position, Ronald D. Rotunda

Submissions from 2005

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Is the Solomon Amendment F.A.I.R.-Some Thoughts on Congress's Power to Impose This Condition on Federal Spending, John C. Eastman

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Judicial Review Of Unenumerated Rights: Does Marburys Holding Apply In a Post-Warren Court World?, John C. Eastman

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Philosopher King Courts: Is the Exercise of Higher Law Authority without a Higher Law Foundation Legitimate?, John C. Eastman

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Alleged Conflicts of Interest Because of the “Appearance of Impropriety”, Ronald D. Rotunda

Submissions from 2004

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Anatomy of the Federal Litigation: Challenging the Legislature's Actions in the Wake of Guinn v. Legislature, John C. Eastman

Submissions from 2003

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Re-evaluating The Privileges or Immunities Clause, John C. Eastman

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The Limited Nature of the Senate's Advice and Consent Role, John C. Eastman

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The Magic of Vouchers is No Sleight of Hand: A Reply to Steven K. Green, John C. Eastman

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Judicial Elections, Campaign Financing, and Free Speech, Ronald D. Rotunda

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Yet Another Article on Bush v. Gore, Ronald D. Rotunda

Submissions from 2002

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A Seminole Dissent?, John C. Eastman

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Senate Is Supposed to Advise and Consent, Not Obstruct and Delay, John C. Eastman and Timothy Sandefur

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The Eleventh Amendment, Garrett, and Protection for Civil Rights, Ronald D. Rotunda

Submissions from 2001

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Justice Stephen Field: Frontier Justice or Justice at the Natural Rights Frontier?, John C. Eastman