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 2003

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The Provisional Director Remedy for Corporate Deadlock: A Proposed Model Statute, Susanna Kim Ripken

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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

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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

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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

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Gambling for the Good, Trading for the Future: The Legality of Markets in Science Claims, Tom W. Bell

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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

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Corporate and Product Identity in the Postnational Economy: Rethinking U.S. Trade Laws, Lan Cao

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A Seminole Dissent?, John C. Eastman

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Lessons from the Past: Is There Anything New in Constitutional Law?, 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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Held Up In Due Course: Codification and the Victory of Form over Intent in Negotiable Instrument Law, Kurt Eggert

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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

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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

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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

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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

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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

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Internet Privacy and Self-Regulation: Lessons from the Porn Wars, Tom W. Bell

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A Survey of Federal Agency Response to President Clinton's Executive Order No. 12898 on Environmental Justice, Denis Binder

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The Spending Clause as a Positive Source of Environmental Protection: A Primer, Denis Binder

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Reflections on Market Reform in Post-War, Post-Embargo Vietnam, Lan Cao

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

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Re-Entering the Arena: Restoring a Judicial Role For Enforcing Limits on Federal Mandates, John C. Eastman

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Restoring the General to the General Welfare Clause, John C. Eastman

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Recent Trends and Perspectives for Non-State Actor Participation in World Trade Organization Disputes, Ernesto A. Hernández-López

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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

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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

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Adjudicative Competence in the Modern Juvenile Court, Richard E. Redding and Lynda E. Frost

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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

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Dual Identities and Dueling Obligations: Preserving Independence in Corporate Representation, Susanna Kim Ripken

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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

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Nuremberg in America: Litigating the Holocaust in United States Courts, Michael J. Bazyler

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Pornography, Privacy, and Digital Self-Help, Tom W. Bell

Environmental Justice Index II, Denis Binder

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The Right Way to Teach Transactional Lawyers: Commercial Leasing and the Forgotten "Dirt Lawyer", Daniel B. Bogart

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Chinese Privatization: Between Plan and Market, Lan Cao

Annuities, Life Insurance, and Long-Term Care Insurance Products, Bobby L. Dexter

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Strictly Scrutinizing Campaign Finance Restrictions (& the Courts that Judge Them), John C. Eastman

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We Are a Religious People Whose Institutions Presuppose a Supreme Being, John C. Eastman

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Human Rights and the Garment Industry in Contemporary Cambodia, John A. Hall

Averting an International Financial Crisis in Brazil, Ernesto A. Hernández-López

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Revisiting Gay Rights Coalition of Georgetown Law Center v. Georgetown University a Decade Later: Free Exercise Challenges and the Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow

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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

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Characteristics of Soulless Persons: The Applicability of the Character Evidence Rule to Corporations, Susanna Kim Ripken

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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

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Internet Gambling: Popular, Inexorable, and (Eventually) Legal, Tom W. Bell

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The Common Law in Cyberspace, Tom W. Bell

Book Review: Dukeminier and Krier, A Casebook for Teaching Teachers, Property, Daniel B. Bogart

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Looking at Communities and Markets, Lan Cao

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Symposium: Federal Tax Policy in the New Millennium, Introduction, Frank Doti

Introduction, Federal Tax Policy in the New Millenium, Frank J. Doti

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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

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Reconstructing Science Through Law, Richard E. Redding

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Effects of Lawyers' Socio-Political Attitudes on Their Judgments of Social Science in Legal Decision Making, Richard E. Redding and N. Dickon Reppucci

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Romer v. Evans as the Transformation of Local Government Law, Lawrence Rosenthal

An Informal Discussion on Legal Ethics, Ronald D. Rotunda

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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

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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

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The Duty to Disclose Geologic Hazards in Real Estate Transactions, Denis Binder

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Finding the Still Small Voice: The Liability of Bankruptcy Trustees and the Work of the National Bankruptcy Review Commission, Daniel B. Bogart

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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.

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When Did Education Become a Civil Right? An Assessment of State Constitutional Provisions for Education 1776-1900, John C. Eastman

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The Failed Case for Eighth Amendment Regulation of the Capital-Sentencing Trial, Scott W. Howe

Must Mrs. Gregory Buy Fruit to Get Her Dietary Fiber Tax Break? An Argument for Giving Plain Meaning Primary, Generally Decisive, Weight in Construing the Internal Revenue Code, Michael B. Lang

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How Common-Sense Psychology Can Inform Law and Psycholegal Research, Richard E. Redding

Students' Evaluations of Teaching Fuel Grade Inflation, Richard E. Redding