Law Faculty Articles and Research
Submissions from 2011
Introduction to Special Issue: Determining Legislative Intent in State Courts, Selected Methods and Sources, Linda Kawaguchi
, Knowledgeable Judges Make a Difference: Judicial Beliefs Affect Juvenile Court Transfer Decisions, Richard E. Redding and Kursten B. Hensl
When the Shrinks Ignore Science, Sue Them, Richard E. Redding and James D. Herbert
Corporate First Amendment Rights after Citizens United: An Analysis of the Popular Movement to End the Constitutional Personhood of Corporations, Susanna Kim Ripken
First Amendment Investigations and the Inescapable Pragmatism of the Common Law of Free Speech, Lawrence Rosenthal
Those Who Can't, Teach: What the Legal Career of John Yoo Tells Us about Who Should Be Teaching Law, Lawrence Rosenthal
McDonald v. Chicago: Which Standard of Scrutiny Should Apply to Gun Control Laws?, Lawrence Rosenthal and Joyce Lee Malcolm
Constitutionalizing Judicial Ethics: Judicial Elections after Republican Party v. White, Caperton, and Citizens United, Ronald D. Rotunda
Resolving Client Conflicts by Hiring “Conflicts Counsel", Ronald D. Rotunda
The Rise and Fall of the Miranda Warnings in Popular Culture, Ronald L. Steiner
Submissions from 2010
Global Warming: A Second Coming for International Law?, Deepa Badrinarayana
India’s Integrated Energy Policy: A Source of Economic Nirvana or Environmental Disaster?, Deepa Badrinarayana
Trade, Energy, and Climate Change Policies of BASIC Nations: One Step Closer to an Economic InterestBased International Law?, Deepa Badrinarayana
Chabad v. Russian Federation: A Case Study in the Use of American Courts to Recover Looted Cultural Property, Michael J. Bazyler and Seth M. Gerber
Litigating the Pillage of Cultural Property in American Courts: Chabad v. Russian Federation and Lessons Learned, Michael J. Bazyler and Seth M. Gerber
Commentary on Predicting Crime, Tom W. Bell
Graduated Consent in Contract and Tort Law: Toward a Theory of Justification, Tom W. Bell
Lessons From the BP Emergency Action Plan in Action, Denis Binder
Debate on Birthright Citizenship, John C. Eastman
Reflections on Justice Thomas's Twenty Years on the Bench, John C. Eastman
The ILO's Better Factories Cambodia Program: A Viable Blueprint for Promoting International Labor Rights?, John A. Hall
Guantanamo as a "Legal Black Hole": A Base for Expanding Space, Markets, and Culture, Ernesto A. Hernández-López
Guantanamo as Outside and Inside the U.S.: Why is a Base a Legal Anomaly?, Ernesto A. Hernández-López
Guantanamo as Subordination: Detainees as Resisting Empire, Ernesto A. Hernández-López
Race, Death and Disproportionality, Scott W. Howe
Black Tuesday and Graying the Legitimacy Line for Governmental Intervention: When Tomorrow is Just a Future Yesterday, Donald J. Kochan
Professional Sports League Commissioners’ Authority and Collective Bargaining, Matthew J. Parlow
Revolutions in Local Democracy? Neighborhood Councils and Broadening Inclusion in the Local Political Process, Matthew J. Parlow
The NBA and the Great Recession: Implications for the Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow
Without a Prayer?: Spirituality and Performance in Law School – A Reply to Professor Taylor, Richard E. Redding
Pragmatism, Originalism, Race, and the Case against Terry v. Ohio, Lawrence Rosenthal
Second Thoughts on Damages for Wrongful Convictions, Lawrence Rosenthal
The Law Professor as Counterterrorist Tactician, Lawrence Rosenthal
Codifying Caperton v. A.T. Massey Coal Co., Ronald D. Rotunda
Judicial Disqualification in the Aftermath of Caperton v. A.T. Massey Coal Co., Ronald D. Rotunda
Judicial Transparency, Judicial Ethics, and a Judicial Solution: An Inspector General for the Courts, Ronald D. Rotunda
The Intellectual Forebears of Citizens United, Ronald D. Rotunda
The Artifice of Local Growth Politics: At-Large Elections, Ballot-Box Zoning, and Judicial Review, Kenneth A. Stahl
Submissions from 2009
India's Constitutional Challenge: A Less Visible Climate Change Catastrophe, Deepa Badrinarayana
The Emerging Constitutional Challenge of Climate Change: India in Perspective, Deepa Badrinarayana
Transporting India into a New Climate: The Implications for Energy Law and Policy, Deepa Badrinarayana
Japan Should Follow the International Trend and Face Its History of World War II Forced Labor, Michael J. Bazyler
Pulling the Trigger: Separation Violence as a Basis for Refugee Protection for Battered Women, Marisa S. Cianciarulo
U.S. Immigration Law: Where Antiquated Views on Gender and Sexual Orientation Go to Die, Marisa S. Cianciarulo
The Roberts Court and Federalism, Paul D. Clement, Walter E. Dellinger III, John C. Eastman, and Rosen Jeffrey
Tenure Buyouts: Employment Death Taxes and the Curious Obesity of "Wages", Bobby L. Dexter
Rethinking "Insurance," Especially after AIG, Bobby L. Dexter and et al.
The Founders' Intent, Constitutional Provisions, and Limits on Spending Power and Delegation, John C. Eastman
The Great Collapse: How Securitization Caused the Subprime Meltdown, Kurt Eggert
Upper Level Courses: Three Exemplars, Kathy Heller
Boumediene v. Bush and Guantanamo, Cuba: Does the "Empire Strike Back"?, Ernesto A. Hernández-López
Slavery as Punishment: Original Public Meaning, Cruel and Unusual Punishment, and the Neglected Clause in the Thirteenth Amendment, Scott W. Howe
Off-Court Misbehavior: Sports Leagues and Private Punishment, Janine Y. Kim and Matthew J. Parlow
Off-Court Misbehavior: Sports Leagues and Private Punishment, Janine Y. Kim and Matthew J. Parlow
Federal Rule of Evidence 502: Stirring the State Law of Privilege and Professional Responsibility with a Federal Stick, Henry S. Noyes
Evidence-Based Sentencing: The Science of Sentencing Policy and Practice, Richard E. Redding
The Effects of Different Forms of Risk Communication on Judicial Decision Making, Richard E. Redding
Corporations Are People Too: A Multi-dimensional Approach to the Corporate Personhood Puzzle, Susanna Kim Ripken
Probability, Probable Cause, and the Law of Unintended Consequences, Lawrence Rosenthal
Second Amendment Plumbing after Heller: Of Standards of Scrutiny, Incorporation, Well-Regulated Militias, and Criminal Street Gangs, Lawrence Rosenthal
The New Originalism Meets the Fourteenth Amendment: Original Public Meaning and the Problem of Incorporation, Lawrence Rosenthal
ABA Resolution and Report on Child Victims of Crime Resolution, Wendy Seiden
Understanding the Prop 8 Litigation: The Scope of Direct Democracy and Role of Judicial Scrutiny, Ronald Steiner
Submissions from 2008
Kharma or Dharma: India's Climate Catch 22, Deepa Badrinarayana
Copyright as Intellectual Property Privilege, Tom W. Bell
Private Prediction Markets and the Law, Tom W. Bell
The Specter of Copyism v. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell
Much Ado about Pluralities: Pride and Precedent Amidst the Cacophony of Concurrences, and Re-Percolation after Rapanos, Melissa M. Berry, Donald J. Kochan, and Matthew J. Parlow
In Memoriam: Donald J. Dunn (1945-2008), Denis Binder
Good Faith and Fair Dealing in Commercial Leasing: The Right Doctrine in the Wrong Transaction, Daniel B. Bogart
Bilateral Monopoly: Further Comment, Tom Campbell
Can't Live with 'Em, Can't Deport 'Em: Why Recent Immigration Reform Efforts Have Failed, Marisa S. Cianciarulo
The Trafficking and Exploitation Victims Assistance Program: A Proposed Early Response Plan for Victims of International Human Trafficking in the United States, Marisa S. Cianciarulo
What Is Choice? Examining Sex Trafficking Legislation Through the Lenses of Rape Law and Prostitution, Marisa S. Cianciarulo
Shock, Awe, and Expropriation: The Act of State Doctrine and Loss Deductions Under Section 165 of the Internal Revenue Code, Bobby L. Dexter
Deciding Who Cashes in on the Deceased Celebrity Business, Kathy Heller
Global Migrations and Imagined Citizenship: Examples from Slavery, Chinese Exclusion, and When Questioning Birthright Citizenship, Ernesto A. Hernández-López
Law and Popular Culture: Examples from Colombian Slang and Spanish-Language Radio in the U.S., Ernesto A. Hernández-López
Law, Food, and Culture: Mexican Corn's National Identity Cooked in "Tortilla Discourses" Post-TLC/NAFTA, Ernesto A. Hernández-López
The Rhetoric of Self-Defense, Janine Y. Kim
Harmful Error: How the Courts’ Failure to Apply the Harmless Error Doctrine Has Obstructed the ADA’s Standing Spectators Rule, Carolyn Young Larmore
A SLAPP in the Face: Why Principles of Federalism Suggest that Federal District Courts Should Stop Turning the Other Cheek, Lisa Litwiller
Civic Republicanism, Public Choice Theory, and Neighborhood Councils: A New Model for Civic Engagement, Matthew J. Parlow
Greenwashed?: Developers, Environmental Consciousness, and the Case of Playa Vista, Matthew J. Parlow
Progressive Policy-Making on the Local Level: Rethinking Traditional Notions of Federalism, Matthew J. Parlow
Book Review: Reviewing Martha M. Peters & Don Peters, Richard E. Redding
It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, and the Psychology of Disgust, Richard E. Redding
Popular Self-Help Books for Anxiety, Depression, and Trauma: How Scientifically Grounded and Useful are They?, Richard E. Redding, James D. Herbert, Evan M. Forman, and Brandon A. Gaudiano
Training the Parents of Juvenile Offenders: State of the Art and Recommendations for Service Delivery, Richard E. Redding and Carrie F. Mulford
The Role of Critical Thinking Skills in Practicing Clinical Psychologists' Choice of Intervention Technique, Richard E. Redding, Ian R. Sharp, and James D. Herbert
Chapman Dialogues: Same Sex Marriage - Response to Professor Eskrdige, Lawrence Rosenthal
The Emerging First Amendment Law of Managerial Prerogative, Lawrence Rosenthal
The Suburb as a Legal Concept: The Problem of Organization and the Fate of Municipalities in American Law, Kenneth A. Stahl
Policy Oscillation in California's Law of Premises Liability, Ronald Steiner
Submissions from 2007
Contemporary Legal Lessons from the Holocaust, Michael J. Bazyler
In the Footsteps of Raphael Lemkin, Michael J. Bazyler
Codifying Copyright's Misuse Defense, Tom W. Bell
Book Review: Steve Lerner, Diamond: A Struggle for Environmental in Louisiana's Chemical Corridor (2006), Denis Binder
The Changing Paradigm in Public Legal Education, Denis Binder