Law Faculty Articles and Research
Submissions from 1998
Conflicting Ideologies of Group Litigation: Who May Challenge Settlements in Class Actions and Derivative Suits?, Susanna Kim Ripken
Permissible Content Discrimination Under the First Amendment: The Strange Case of the Public Employee, Lawrence Rosenthal
Reporting Sensational Trials: Free Press, a Responsible Press, and Cameras in the Courts, Ronald D. Rotunda
Resurrecting Federalism Under the New Tenth and Fourteenth Amendments, Ronald D. Rotunda
The Chemical Weapons Convention: Political and Constitutional Issues, Ronald D. Rotunda
The Power of Congress Under Section 5 of the Fourteenth Amendment after City of Boerne v. Flores, Ronald D. Rotunda
Submissions from 1997
Book Review: Henry H. Perritt, Law and the Information Superhighway, Tom W. Bell
Book Review: Online Law: The SPA's Legal Guide to Doing Business on the Internet (Thomas J. Smedinghoff ed., 1996), Tom W. Bell
Usenet Death Penalty Coalition PICS a Fight with Spam, Tom W. Bell
Virtual Trade Dress: A Very Real Problem, Tom W. Bell
Law and Economic Development: A New Beginning?, Lan Cao
Law Reform in Vietnam: The Uneven Legacy of Doi Moi, Lan Cao
Towards a New Sensibility for International Economic Development, Lan Cao
Personal Injury Income Tax Exclusion: An Analysis and Update, Frank Doti
Personal Injury Income Tax Exclusion: An Analysis and Update, Frank J. Doti
The Prospect of a President Incarcerated, Scott W. Howe
Untangling Competing Conceptions of "Evidence", Scott W. Howe
Depression in Jailed Women Defendants and Its Relationship to Their Adjudicative Competence, Richard E. Redding
Does Law Need an Analyst? Prospects for Lacanian Psychoanalysis in Law (reviewing David S. Caudill, Lacan and the Subject of Law (1997)), Richard E. Redding
Empirical Psychology Meets the Politics of Family Values (reviewing George Lakoff, Moral Politics (1996)), Richard E. Redding
Juveniles Transferred to Criminal Court: Legal Reform Proposals Based on Social Science Research, Richard E. Redding
Conflict Problems When Representing Members of Corporate Families, Ronald D. Rotunda
Judges as Ambulance Chasers, Ronald D. Rotunda
Professionalism, Legal Advertising, and Free Speech in the Wake of Florida v. Went For It, Inc., Ronald D. Rotunda
The War Powers Act in Perspective, Ronald D. Rotunda
Building a Professional Community, Nancy L. Schultz
Submissions from 1996
Act of God? or Act of Man?: A Reappraisal of the Act of God Defense in Tort Law, Denis Binder
Games Lawyers Play: Waivers of the Automatic Stay in Bankruptcy and the Single Asset Loan Workout, Daniel B. Bogart
Understanding Justice Sutherland As He Understood Himself, John C. Eastman
Commentary on Return Preparer Obligations, Michael B. Lang
A "Civil" Method of Law Enforcement on the Reservation: In Rem Forfeiture and Indian Law, Henry S. Noyes
Socialization by the Legal System: The Scientific Validity of a Lacanian Socio-Legal Psychoanalysis, Richard E. Redding
Lesbian and Gay Families with Children: Implications of Social Science Research for Policy, Richard E. Redding and Charlotte J. Patterson
Theoretical and Methodological Issues in Studying Children's Capacities in Legal Contexts, Richard E. Redding, Jennifer L. Woodlard, and N. Dickon Reppucci
An Essay on Term Limits and a Call for a Constitutional Convention, Ronald D. Rotunda
Dealing with the Media: Ethical, Constitutional, and Practical Parameters, Ronald D. Rotunda
Sister Act: Conflicts of Interest with Sister Corporations, Ronald D. Rotunda
The Aftermath of Thornton, Ronald D. Rotunda
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
Open to Merit of Every Description-An Historical Assessment of the Constitution's Qualification Clauses, John C. Eastman
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