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 2016

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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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What (and Whom) State Marijuana Reformers Forgot: Crimmigration Law and Noncitizens, Carrie L. Rosenbaum

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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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Judicially Modified Democracy: Court and State Pre-emption of Local GMO Regulation in Hawaii and Beyond, Rita Barnett-Rose

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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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What Can Corporations Teach Governments about Democratic Equality?, 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 Cianciarulo

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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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Are the Green Bay Packers Socialists?, Matthew J. Parlow and Anne-Louise Mittal

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Legal Paternalism in the Securities Markets: The Need for More (or Less) Paternalistic Regulation to Protect Investors, Susanna Kim Ripken

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Paternalism and Securities Regulation, Susanna Kim Ripken

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The Role of Equality Principles in Preemption Analysis of Sub-Federal Immigration Laws: The California Trust Act, Carrie L. Rosenbaum

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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

King v. Burwell and the Rise of the Administrative State, 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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Compulsory Water Fluoridation: Justifiable Public Health Benefit or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose

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Informed Consent, Psychotropic Medications, and a Prescribing Physician's Duty to Disclose Safer Alternative Treatments, Rita Barnett-Rose

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The Federal Death Penalty and the Constitutionality of Capital Punishment, Scott W. Howe and et al.

Introduction to Dodge v. Ford Motor Co.: Primary Source and Commentary Material, Linda Kawaguchi

Corporate Social Responsibility in a Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan

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Lessons from the NBA Lockout: Union Democracy, Public Support, and the Folly of the National Basketball Players Association, Matthew J. Parlow

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The Potential Unintended Consequences of the O'Bannon Decision, Matthew J. Parlow

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Binary Searches and the Central Meaning of the Fourth Amendment, Lawrence Rosenthal

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

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Mobility and Community in Urban Policy: An Essay on Great American City by Robert J. Sampson, Kenneth A. 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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The Constitution as if Consent Mattered, Tom W. Bell

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

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The Eighth Amendment as a Warrant Against Undeserved Punishment, Scott W. Howe

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Postracialism: Race after Exclusion, Janine Y. Kim

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Resistance and Transformation: Re-Reading Mari Matsuda in the Postracial Era, Janine Y. Kim

Thinking About Tax Malpractice: Outline and Hypotheticals, Michael B. Lang

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Whither Workforce Housing?, Matthew J. Parlow

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Saving Disparate Impact, Lawrence Rosenthal

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

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Law and Negotiation: Necessary Partners or Strange Bedfellows?, Nancy L. Schultz

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Neighborhood Empowerment and the Future of the City, Kenneth A. Stahl

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Reliance in Land Use Law, Kenneth A. Stahl

Submissions from 2012

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Reduce, Reuse, and Recycle: How Using “Recycled” Simulations in an LRW Course Benefits Students, LRW Professors, and the Relevant Global Community, Rita Barnett-Rose

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Principles of Contracts for Governance Services, Tom W. Bell

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"Property" in the Constitution: The View from the Third Amendment, Tom W. Bell

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Perspectives on Forty Years of Environmental Law, Denis Binder

Informal Institutions and Property Rights, Lan Cao

Rethinking Microfinance, Lan Cao

Batterers as Agents of the State: Challenging the Public/Private Distinction in Intimate Partner Violence-Based Asylum Claims, Marisa S. Cianciarulo

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

Hidden Gems in the Historical 2011-2012 Term, and Beyond, John C. Eastman and et al.

Foreword: Global Justice, History, and Law: Between Fela's Teachers Teaching "Nonsense" and Bob Marley's "Small Axe" For a Big Tree, Ernesto A. Hernández-López

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Kiyemba, Guantanamo, and Immigration Law: An Extraterritorial Constitution in a Plenary Power World, Ernesto A. Hernández-López

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Can California Save Its Death Sentences? Will Californians Save the Expense?, Scott W. Howe

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Repudiating the Narrowing Rule in Capital Sentencing, Scott W. Howe

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Yikes! Was I Wrong? A Second Look at the Viability of Monitoring Capital Post-Conviction Counsel, Celestine R. McConville

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The Persistent Problem of Purposeful Availment, Henry S. Noyes

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The Rise of the Common Law of Federal Pleading: Iqbal, Twombly and the Application of Judicial Experience, Henry S. Noyes

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Equitable Fiscal Regionalism, Matthew J. Parlow

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Issues Players Face with the Collective Bargaining Process, Matthew J. Parlow

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The Great Recession and Its Implications for Community Policing, Matthew J. Parlow

Likes Attract: The Sociopolitical Groupthink of (Social) Psychologists, Richard E. Redding

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Citizens United, Corporate Personhood, and Corporate Power: The Tension Between Constitutional Law and Corporate Law, Susanna Kim Ripken

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Originalism in Practice, Lawrence Rosenthal

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Lessons from Positive Psychology for Developing Advocacy Skills, Nancy L. Schultz

Submissions from 2011

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Environmental Challenges of Climate-Nuclear Fusion: A Case Study of India, Deepa Badrinarayana

From "Lamentation and Liturgy to Litigation": The Holocaust-Era Restitution Movement as a Model for Bringing Armenian Genocide-Era Restitution Suits in American Courts, Michael J. Bazyler

Prosecuting Nazi War Criminals in the UK and Lessons for Today: Will History Repeat Itself?, Michael J. Bazyler and Carla Ferstman

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Government Prediction Markets: Why, Who, and How, Tom W. Bell

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Pirates in the Family Room: How Performances from Abroad, to U.S. Consumers, Might Evade Copyright Law, Tom W. Bell

The Year in Review, Denis Binder

Simulations in Clinics, Contract Drafting, & Upper-Level Courses, Daniel B. Bogart and et al.

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Severability of Statutes, Tom Campbell

Foreclosing on the Federal Power Grab: Dodd-Frank, Preemption, and the State Role in Mortgage Servicing Regulation, Kurt Eggert

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Sex Offenders and Child Sex Tourism: The Case for Passport Revocation, John A. Hall

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LA’s Taco Truck War: How Law Cooks Food Culture Contests, Ernesto A. Hernández-López

Designing Research Assignments to Encourage Critical Thinking and Creative Problem-Solving Skills, Linda Kawaguchi