Law Faculty Articles and Research
Submissions from 1995
Endangered Species Act: Must Private Landowners Protect the Critical Habitat of Endangered Species?, Denis Binder
Index of Environmental Justice Cases, Denis Binder
The Cat that Catches Mice: China's Challenge to the Dominant Privatization Model, Lan Cao
Cognitive Task Analysis for Instructional Design: Applications in Distance Education, Richard E. Redding
Computerized Highways and the Search for Privacy in the Case Law: A Comment, Ronald D. Rotunda
Innovations Disguised as Traditions: An Historical Review of the Supreme Court Nominations Process, Ronald D. Rotunda
Racist Speech and Lawyer Discipline, Ronald D. Rotunda
Submissions from 1994
What Did Congress Mean? Does Federal Law Regulate Incinerator Ash as Hazardous Waste?, Denis Binder
Liability of Directors of Chapter 11 Debtors in Possession: "Don't Look Back - Something May Be Gaining on You", Daniel B. Bogart
Juror Neutrality or an Impartiality Array? A Structural Theory of the Impartial Jury Mandate, Scott W. Howe
Reassessing the Individualization Mandate in Capital Sentencing: Darrow's Defense of Leopold and Loeb, Scott W. Howe
Felony-Murder Doctrine Through the Federal Looking Glass, Henry S. Noyes
Felony-Murder Doctrine Through the Federal Looking Glass, Henry S. Noyes and et al.
Section 1983 Liability in the Public Schools After DeShaney: The “Special Relationship” Between School and Student, Susanna Kim Ripken
Permanent Disbarment: The Case Against…,, Ronald D. Rotunda
Rethinking Term Limits for Federal Legislators in Light of the Structure of the Constitution, Ronald D. Rotunda
Submissions from 1993
The Third Amendment: Forgotten But Not Gone, Tom W. Bell
Book Review: Human Dignity as the Polestar for Rights Decision Making (reviewing Frank Kemerer, William Wayne Justice (1991)), Scott W. Howe
Jury Fact-Finding in Criminal Cases: Constitutional Limits on Factual Disagreements Among Convicting Jurors, Scott W. Howe
Children’s Competence to Provide Informed Consent for Mental Health Treatment, Richard E. Redding
Integrating Cognitive Task Analysis into Instructional Systems Development, Richard E. Redding and Joan M. Ryder
A Brief Comment on Politically Incorrect Speech in the Wake of R.A.V., Ronald D. Rotunda
The Civil Rights Act of 1991: A Brief Introductory Analysis of the Congressional Response to Judicial Interpretation, Ronald D. Rotunda
Simon Greenleaf on Desuetude and Judge-Made Law: An Unpublished Letter to Francis Lieber, Ronald D. Rotunda and M. H. Hoeflich
Submissions from 1992
Comment, Limits on the Privity and Assignment of Legal Malpractice Claims, Tom W. Bell
Are Federal Facilities Subject to State Penalties for Violations of Environmental Laws?, Denis Binder
Does the Endangered Species Act Apply to Activities in Foreign Countries? Who Has Standing to Argue That It Does?, Denis Binder
Will the Preemption Enigma Ever Be Resolved?, Denis Binder
Trustees Do It Better: Analyzing Section 547(c)(5) of the Bankruptcy Code, Bobby L. Dexter
Resolving the Conflict in the Capital Sentencing Cases: A Desert-Oriented Theory of Regulation, Scott W. Howe
Defining Constitutional Parameters: The Forced Drugging of Civilly Committed Mental Patients, Lisa Litwiller
Foreword: The Role of the Modern Supreme Court, Ronald D. Rotunda
How Do Lawyers Really Think?, Nancy L. Schultz
Submissions from 1991
Cutting the NIMBIAN Knot: A Primer, Denis Binder
To What Extent May Local Government Regulate the Application of Pesticides?, Denis Binder
When are Damages Impermissibly "Punitive" under the Federal Tort Claims Act?, Denis Binder
The Supreme Court (1990 Term): Voting Rights Act: Judicial Elections: Chisom v. Roemer, Bobby L. Dexter
Note, The Efficacy of Successorship Clauses in Collective Bargaining Agreements, Celestine R. McConville
Exporting the American Bill of Rights: The Lesson from Romania, Ronald D. Rotunda
Submissions from 1990
NEPA, NIMBYs and New Technology, Denis Binder
Metacognitive Instruction: Trainers Teaching Thinking Skills, Richard E. Redding
Joseph Story: A Man for All Seasons, Ronald D. Rotunda and John E. Nowak
Submissions from 1989
Commentary: Antitrust and International Competitveness in the 1990s, Tom Campbell
Allocating the GST Exemption Under the Generation-Skipping Transfer Tax, Michael B. Lang
Gift-Splitting by Husband and Wife, Michael B. Lang
A Tribute to Eugene F. Scoles, Ronald D. Rotunda
Cautionary Lessons from American Securities Arbitration: Litigation versus Arbitration, Ronald D. Rotunda
Impeaching Federal Judges: Where Are We and Where Are We Going?, Ronald D. Rotunda
Interpreting an Unwritten Constitution, Ronald D. Rotunda
Runyon v. McCrary and the Mosaic of State Action, Ronald D. Rotunda
The Impairments Clause and the Corporation: A Comment on Professors Butler’s and Ribstein’s Thesis, Ronald D. Rotunda
Submissions from 1988
An Essay on the Constitutional Parameters of Federal Impeachment, Ronald D. Rotunda
Original Intent, The View of the Framers, and the Role of the Ratifiers, Ronald D. Rotunda
Sheathing the Sword of Federal Preemption, Ronald D. Rotunda
The Confirmation Process for Supreme Court Justices in the Modern Era, Ronald D. Rotunda
The Lawyer’s Duty To Report Another Lawyer’s Unethical Violations in the Wake of Himmel, Ronald D. Rotunda
Submissions from 1987
Reexamining the Doctrine of Humanitarian Intervention in Light of the Atrocities in Kampuchea and Ethiopia, Michael J. Bazyler
Comments on Presentation of Richard Schmalensee, Tom Campbell
Economic Concepts and Antitrust Analysis: A Critical Reexamination: Introductory Remarks, Tom Campbell
Federal Rule of Civil Procedure 68: A Comment, Tom Campbell
Predation and Competition in Antitrust: The Case of Nonfungible Goods, Tom Campbell
Illegal Traffic in Women: A Civil RICO Proposal, Lan Cao
Constitutionality of the 1986 Tax Reform Act Transition Rules, Frank J. Doti
Bicentennial Lessons from the Constitutional Convention of 1787, Ronald D. Rotunda
Dedication: Walter R. Mansfield: Remembering Judge Walter R. Mansfield, Ronald D. Rotunda
Ethical Problems in Federal Agency Hiring of Private Attorneys, Ronald D. Rotunda
Lawyers and Professionalism: A Commentary on the Report of the American Bar Association Commission on Professionalism, Ronald D. Rotunda
Life Under the Articles of Confederation, Ronald D. Rotunda
The Constitutional Future of the Bill of Rights: A Closer Look at Commercial Speech and State Aid to Religiously Affiliated Schools, Ronald D. Rotunda
Sales and Use Tax Credits, Discrimination against Interstate Commerce, and the Useless Multiple Tax Concept, Ronald D. Rotunda and John E. Nowak
Submissions from 1986
Abolishing the Act of State Doctrine, Michael J. Bazyler
Capturing Terrorists in the 'Wild Blue Yonder': International Law and the Achille Lauro and Libyan Aircraft Incidents, Michael J. Bazyler
The Potential Application of RICO in the Natural Resources/Environmental Law Context, Denis Binder
Labor Law and Economics, Tom Campbell
Supreme Court Developments, Tom Campbell
Tax Lien Rights of the I.R.S. Against a Swindler, Frank J. Doti
Dividends Essentially Equivalent to Redemptions: The Taxation of Bootstrap Stock Acquisition, Michael B. Lang
Intergovernmental Tax Immunity and Tax Free Municipals after Garcia, Ronald D. Rotunda
The Role of Law Reviews: The Extreme Centrist Position, Ronald D. Rotunda
Submissions from 1985
Litigating the International Law of Human Rights: A "How To" Approach, Michael J. Bazyler
Litigating the International Law of Human Rights in the United States Courts: Siderman v. Republic of Argentina, Michael J. Bazyler
Note: Mismatching Convertible Debentures and Common Stock under Section 16(b), Daniel B. Bogart
The Antitrust Record of the First Reagan Administration, Tom Campbell
Submissions from 1984
Regression Analysis in Title VII Cases: Minimum Standards, Comparable Worth, and Other Issues Where Law and Statistics Meet, Tom Campbell
The Efficiency of the Failing Company Defense, Tom Campbell
Vacation Homes Revisited: Bolton Mistakenly Unbolts Door to Extra Deductions, Michael B. Lang
The Doctrine of Conditional Preemption and Other Limitations on Tenth Amendment Restrictions, Ronald D. Rotunda
The Notice of Withdrawal and the New Model Rules of Professional Conduct: Blowing the Whistle and Waving the Red Flag, Ronald D. Rotunda
Usery in the Wake of Federal Energy Regulatory Commission v. Mississippi, Ronald D. Rotunda
Submissions from 1983
Has Economics Rationalized Antitrust?, Tom Campbell
Interest-Free Loans and the Impact of Hardee v. United States, Frank J. Doti and Mary Cox
Submissions from 1982
The Competition Mission: Guiding Principles and Future Directions, Tom Campbell
The New Merger Guidelines: A Federal Trade Commission Perspective, Tom Campbell
A Comment on the Creation and Resolution of a "Nonproblem”: Dames & Moore v. Regan, The Foreign Affairs Power, and the Role of the Court, Ronald D. Rotunda and John E. Nowak
Submissions from 1981
When a House Is Not Entirely a Home: Deductions Under Internal Revenue Code § 280A for Home Offices, Vacation Homes, Etc., Michael B. Lang
The Extraterritorial Regulation of Foreign Business under the U.S Securities Laws, Ronald D. Rotunda and Robert C. Hacker
Submissions from 1980
The Attorney-Client Privilege After Attorney Disclosure, Scott W. Howe