Law Faculty Articles and Research

Below you may find selected research articles from faculty in the Fowler School of Law.


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

Cleaning Up Hazardous Waste: Can a Private Landowner Recover the Costs of Cleaning Up Leaking Underground Storage Tanks Under Federal Environmental Protection Law?, Denis Binder

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

Book Review: The Constitution and Capital Sentencing: Pursuing Justice and Equality (reviewing David. C. Baldus et al., Equal Justice and the Death Penalty (1990)), Scott W. Howe

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

Fifth Amendment - Seizure and Forfeiture of Property - Federal Court Upholds Pre-Notice Seizure and Forfeiture of Real Property Used for Narcotics Trafficking, Bobby L. Dexter

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