Law Faculty Articles and Research
Submissions from 2003
The Provisional Director Remedy for Corporate Deadlock: A Proposed Model Statute, Susanna Kim Ripken
Policing and Equal Protection, Lawrence Rosenthal
Book Reviews: Democracy by Decree: What Happens When Courts Run Government, Ronald D. Rotunda
Found Money: IOLTA, Brown v. Legal Foundation of Washington, and the Taking of Property without the Payment of Compensation, Ronald D. Rotunda
Judicial Elections, Campaign Financing, and Free Speech, Ronald D. Rotunda
The Implications of the New Commerce Clause Jurisprudence: An Evolutionary or Revolutionary Court?, Ronald D. Rotunda
Yet Another Article on Bush v. Gore, Ronald D. Rotunda
Submissions from 2002
To Trade or not to Trade...A Comparison of the Biosafety Protocol and the SPS Agreement, Deepa Badrinarayana
The Holocaust Restitution Movement in Comparative Perspective, Michael J. Bazyler
Gambling for the Good, Trading for the Future: The Legality of Markets in Science Claims, Tom W. Bell
Emergency Action Plans: A Legal and Practical Blueprint "Failing to Plan is Planning to Fail", Denis Binder
Minimizing the Risks of a Dam Failure, Denis Binder
Book Review: Ayer & Bernstein, Bankruptcy in Practice, Daniel B. Bogart
Corporate and Product Identity in the Postnational Economy: Rethinking U.S. Trade Laws, Lan Cao
A Seminole Dissent?, John C. Eastman
Lessons from the Past: Is There Anything New in Constitutional Law?, John C. Eastman
Senate Is Supposed to Advise and Consent, Not Obstruct and Delay, John C. Eastman and Timothy Sandefur
Held Up In Due Course: Codification and the Victory of Form over Intent in Negotiable Instrument Law, Kurt Eggert
Held Up in Due Course: Predatory Lending, Securitization, and the Holder in Due Course Doctrine, Kurt Eggert
Has the Supreme Court Sounded the Death Knell for Jury Assessed Punitive Damages? A Critical Re-Examination of the American Jury, Lisa Litwiller
Re-Examining Gasperini: Damages Assessments and Standards of Review, Lisa Litwiller
Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study of the Los Angeles Staples Center, Matthew J. Parlow
Grappling with Diverse Conceptions of Diversity, Richard E. Redding
Rehabilitating the Souls of Violent Boys (reviewing James Garbarino, Lost Boys (2000)), Richard E. Redding
The Impossibility of Parental Licensure, Richard E. Redding
Using Juvenile Adjudications for Sentence Enhancement Under the Federal Sentencing Guidelines: Is It Sound Policy?, Richard E. Redding
Judicial Campaigns in the Shadow of Republican Party v. White, Ronald D. Rotunda
Monitoring the Conversations of Prisoners, Ronald D. Rotunda
The Eleventh Amendment, Garrett, and Protection for Civil Rights, Ronald D. Rotunda
Submissions from 2001
www.swissbankclaims.com: The Legality and Morality of the Holocaust-Era Settlement with the Swiss Banks, Michael J. Bazyler
Escape from Copyright: Market Success vs. Statutory Failure in the Protection of Expressive Works, Tom W. Bell
Internet Privacy and Self-Regulation: Lessons from the Porn Wars, Tom W. Bell
Internet Privacy and Self-Regulation: Lessons from the Porn Wars, Tom W. Bell
A Survey of Federal Agency Response to President Clinton's Executive Order No. 12898 on Environmental Justice, Denis Binder
The Spending Clause as a Positive Source of Environmental Protection: A Primer, Denis Binder
Reflections on Market Reform in Post-War, Post-Embargo Vietnam, Lan Cao
Justice Stephen Field: Frontier Justice or Justice at the Natural Rights Frontier?, John C. Eastman
Re-Entering the Arena: Restoring a Judicial Role For Enforcing Limits on Federal Mandates, John C. Eastman
Restoring the General to the General Welfare Clause, John C. Eastman
Recent Trends and Perspectives for Non-State Actor Participation in World Trade Organization Disputes, Ernesto A. Hernández-López
Trade in Electronic Commerce Services under the WTO: The Need to Clearly Classify Electronic Transmissions as Services and Not Tariff-Liable, Ernesto A. Hernández-López
The Troubling Influence of Equality in Constitutional Criminal Procedure: From Brown to Miranda, Furman and Beyond, Scott W. Howe
Federal Funding Conditions: Bursting Through the Dole Loopholes, Celestine R. McConville
Sociopolitical Diversity in Psychology: The Case for Pluralism, Richard E. Redding
What Judges and Lawyers Think About the Testimony of Mental Health Experts: A Survey of the Courts and Bar, Richard E. Redding, Marnita Y. Floyd, and Gary L. Hawk
Adjudicative Competence in the Modern Juvenile Court, Richard E. Redding and Lynda E. Frost
The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools, Richard E. Redding and Sarah M. Shalf
Dual Identities and Dueling Obligations: Preserving Independence in Corporate Representation, Susanna Kim Ripken
Judicial Comments on Pending Cases: The Ethical Restrictions and the Sanctions – A Case Study of the Microsoft Litigation, Ronald D. Rotunda
The Commerce Clause, the Political Question Doctrine, and Morrison, Ronald D. Rotunda
The Role of Ideology in Confirming Federal Court Judges, Ronald D. Rotunda
Submissions from 2000
Nuremberg in America: Litigating the Holocaust in United States Courts, Michael J. Bazyler
Pornography, Privacy, and Digital Self-Help, Tom W. Bell
Environmental Justice Index II, Denis Binder
The Right Way to Teach Transactional Lawyers: Commercial Leasing and the Forgotten "Dirt Lawyer", Daniel B. Bogart
Chinese Privatization: Between Plan and Market, Lan Cao
Annuities, Life Insurance, and Long-Term Care Insurance Products, Bobby L. Dexter
Strictly Scrutinizing Campaign Finance Restrictions (& the Courts that Judge Them), John C. Eastman
We Are a Religious People Whose Institutions Presuppose a Supreme Being, John C. Eastman
Human Rights and the Garment Industry in Contemporary Cambodia, John A. Hall
Averting an International Financial Crisis in Brazil, Ernesto A. Hernández-López
Junk Philosophy of Science? The Paradox of Expertise and Interdisciplinarity in Federal Courts, Richard E. Redding and David S. Caudill
Predictors of Placement Outcomes in Treatment Foster Care: Implications for Foster Parent Selection and Service Delivery, Richard E. Redding, Carrie Fried, and Preston A. Britner
Characteristics of Soulless Persons: The Applicability of the Character Evidence Rule to Corporations, Susanna Kim Ripken
Gang Loitering and Race, Lawrence Rosenthal
Public Order Laws after City of Chicago v. Morales, Lawrence Rosenthal
A Few Modest Proposals to Reform the Law Governing Federal Judicial Salaries, Ronald D. Rotunda
Teaching Legal Ethics a Quarter of a Century After Watergate, Ronald D. Rotunda
The New States' Rights, the New Federalism, the New Commerce Clause, and the Proposed New Abdication, Ronald D. Rotunda
Submissions from 1999
Litigating the Holocaust, Michael J. Bazyler
Internet Gambling: Popular, Inexorable, and (Eventually) Legal, Tom W. Bell
The Common Law in Cyberspace, Tom W. Bell
Book Review: Dukeminier and Krier, A Casebook for Teaching Teachers, Property, Daniel B. Bogart
Looking at Communities and Markets, Lan Cao
Symposium: Federal Tax Policy in the New Millennium, Introduction, Frank Doti
Introduction, Federal Tax Policy in the New Millenium, Frank J. Doti
Taking Justice Thomas Seriously, John C. Eastman
Are Asians Black?: The Asian-American Civil Rights Agenda and the Contemporary Significance of the Black/White Paradigm, Janine Y. Kim
Barriers to Meeting the Mental Health Needs of Juvenile Offenders, Richard E. Redding
Juvenile Offenders in Criminal Court and Adult Prison: Legal, Psychological, and Behavioral Outcomes, Richard E. Redding
Reconstructing Science Through Law, Richard E. Redding
Effects of Lawyers' Socio-Political Attitudes on Their Judgments of Social Science in Legal Decision Making, Richard E. Redding and N. Dickon Reppucci
Romer v. Evans as the Transformation of Local Government Law, Lawrence Rosenthal
An Informal Discussion on Legal Ethics, Ronald D. Rotunda
Independent Counsel and the Charges of Leaking: A Brief Case Study, Ronald D. Rotunda
Innovative Legal Billing, Alternatives to Billable Hours, and Ethical Hurdles, Ronald D. Rotunda
Moving from Billable Hours to Fixed Fees: Task-Based Fees and Legal Ethics, Ronald D. Rotunda
The Legal Profession and the Public Image of Lawyers, Ronald D. Rotunda
Submissions from 1998
Fair Use vs. Fared Use: The Impact of Automated Rights Management on Copyright's Fair Use Doctrine, Tom W. Bell
Internet Gambling: Impossible to Stop, Wrong to Outlaw, Tom W. Bell
The Duty to Disclose Geologic Hazards in Real Estate Transactions, Denis Binder
Finding the Still Small Voice: The Liability of Bankruptcy Trustees and the Work of the National Bankruptcy Review Commission, Daniel B. Bogart
Unexpected Gifts of Chapter 11: The Breach of a Director's Duty of Loyalty Following Plan Confirmation and the Postconfirmation Jurisdiction of Bankruptcy Courts, Daniel B. Bogart
The Link Between Liability Reforms and Productivity: Some Empirical Evidence/Comments, Tom Campbell and et al.
When Did Education Become a Civil Right? An Assessment of State Constitutional Provisions for Education 1776-1900, John C. Eastman
The Failed Case for Eighth Amendment Regulation of the Capital-Sentencing Trial, Scott W. Howe
How Common-Sense Psychology Can Inform Law and Psycholegal Research, Richard E. Redding
Students' Evaluations of Teaching Fuel Grade Inflation, Richard E. Redding