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 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

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When the Shrinks Ignore Science, Sue Them, Richard E. Redding and James D. Herbert

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Corporate First Amendment Rights after Citizens United: An Analysis of the Popular Movement to End the Constitutional Personhood of Corporations, Susanna Kim Ripken

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First Amendment Investigations and the Inescapable Pragmatism of the Common Law of Free Speech, Lawrence Rosenthal

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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

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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

Why Lawyers Are Different and Why We Are the Same: Creating Structural Incentives in Large Law Firms to Promote Ethical Behavior -- In-House Ethics Counsel, Bill Padding, and In-House Ethics Training, Ronald D. Rotunda

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The Rise and Fall of the Miranda Warnings in Popular Culture, Ronald L. Steiner

Submissions from 2010

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Global Warming: A Second Coming for International Law?, Deepa Badrinarayana

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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

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Commentary on Predicting Crime, Tom W. Bell

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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

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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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The ILO's Better Factories Cambodia Program: A Viable Blueprint for Promoting International Labor Rights?, John A. Hall

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Guantanamo as a "Legal Black Hole": A Base for Expanding Space, Markets, and Culture, Ernesto A. Hernández-López

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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

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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

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Professional Sports League Commissioners’ Authority and Collective Bargaining, Matthew J. Parlow

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Revolutions in Local Democracy? Neighborhood Councils and Broadening Inclusion in the Local Political Process, Matthew J. Parlow

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The NBA and the Great Recession: Implications for the Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow

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Without a Prayer?: Spirituality and Performance in Law School – A Reply to Professor Taylor, Richard E. Redding

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Pragmatism, Originalism, Race, and the Case against Terry v. Ohio, Lawrence Rosenthal

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Second Thoughts on Damages for Wrongful Convictions, Lawrence Rosenthal

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The Law Professor as Counterterrorist Tactician, Lawrence Rosenthal

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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

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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

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The Emerging Constitutional Challenge of Climate Change: India in Perspective, Deepa Badrinarayana

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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

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Pulling the Trigger: Separation Violence as a Basis for Refugee Protection for Battered Women, Marisa S. Cianciarulo

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U.S. Immigration Law: Where Antiquated Views on Gender and Sexual Orientation Go to Die, Marisa S. Cianciarulo

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

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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.

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The Founders' Intent, Constitutional Provisions, and Limits on Spending Power and Delegation, John C. Eastman

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The Great Collapse: How Securitization Caused the Subprime Meltdown, Kurt Eggert

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Upper Level Courses: Three Exemplars, Kathy Heller

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Boumediene v. Bush and Guantanamo, Cuba: Does the "Empire Strike Back"?, Ernesto A. Hernández-López

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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

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Off-Court Misbehavior: Sports Leagues and Private Punishment, Janine Y. Kim and Matthew J. Parlow

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Federal Rule of Evidence 502: Stirring the State Law of Privilege and Professional Responsibility with a Federal Stick, Henry S. Noyes

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Evidence-Based Sentencing: The Science of Sentencing Policy and Practice, Richard E. Redding

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The Effects of Different Forms of Risk Communication on Judicial Decision Making, Richard E. Redding

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Corporations Are People Too: A Multi-dimensional Approach to the Corporate Personhood Puzzle, Susanna Kim Ripken

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Probability, Probable Cause, and the Law of Unintended Consequences, Lawrence Rosenthal

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Second Amendment Plumbing after Heller: Of Standards of Scrutiny, Incorporation, Well-Regulated Militias, and Criminal Street Gangs, Lawrence Rosenthal

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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

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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

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Copyright as Intellectual Property Privilege, Tom W. Bell

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Private Prediction Markets and the Law, Tom W. Bell

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The Specter of Copyism v. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell

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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

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Good Faith and Fair Dealing in Commercial Leasing: The Right Doctrine in the Wrong Transaction, Daniel B. Bogart

Bilateral Monopoly: Further Comment, Tom Campbell

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Can't Live with 'Em, Can't Deport 'Em: Why Recent Immigration Reform Efforts Have Failed, Marisa S. Cianciarulo

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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

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What Is Choice? Examining Sex Trafficking Legislation Through the Lenses of Rape Law and Prostitution, Marisa S. Cianciarulo

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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

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Global Migrations and Imagined Citizenship: Examples from Slavery, Chinese Exclusion, and When Questioning Birthright Citizenship, Ernesto A. Hernández-López

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Law and Popular Culture: Examples from Colombian Slang and Spanish-Language Radio in the U.S., Ernesto A. Hernández-López

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Law, Food, and Culture: Mexican Corn's National Identity Cooked in "Tortilla Discourses" Post-TLC/NAFTA, Ernesto A. Hernández-López

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The Rhetoric of Self-Defense, Janine Y. Kim

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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

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Civic Republicanism, Public Choice Theory, and Neighborhood Councils: A New Model for Civic Engagement, Matthew J. Parlow

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Greenwashed?: Developers, Environmental Consciousness, and the Case of Playa Vista, Matthew J. Parlow

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Progressive Policy-Making on the Local Level: Rethinking Traditional Notions of Federalism, Matthew J. Parlow

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Book Review: Reviewing Martha M. Peters & Don Peters, Richard E. Redding

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It's Really About Sex: Same-Sex Marriage, Lesbigay Parenting, and the Psychology of Disgust, Richard E. Redding

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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

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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

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Chapman Dialogues: Same Sex Marriage - Response to Professor Eskrdige, Lawrence Rosenthal

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The Emerging First Amendment Law of Managerial Prerogative, Lawrence Rosenthal

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The Suburb as a Legal Concept: The Problem of Organization and the Fate of Municipalities in American Law, Kenneth A. Stahl

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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

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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

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The Changing Paradigm in Public Legal Education, Denis Binder