Previous Issues

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Volume 49

Issue One

(October 2007)

Articles:

• Ruth Colker
  The Mythic 43 Million Americans with Disabilities
  
• Richard E. Moberly
  Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win
  
• Mark R. Patterson
  Contractual Expansion of the Scope of Patent Infringement Through Field-of-use Licensing
  
• Edward A. Zelinsky
  The New Massachusetts Health Law
  

Notes:

• James J. Bilsborrow
  Sentencing Acquitted Conduct to the Post-Booker Dustbin
  
• Justin H. Rucki
  Looking Forward While Looking Back: Using Debtors' Post-petition Financial Changes to Find Bankruptcy Abuse After BAPCPA
  

Issue Two

(November 2007)

Articles:

• Rhonda Wasserman
  The Curious Complications with Back-end Opt-out Rights
  
• Erica J. Hashimoto
  The Price of Misdemeanor Representation
  
• Peter Siegelman
  Contributory Disparate Impacts in Employment Discrimination Law
  
• Fred C. Zacharias
  The Preemployment Ethical Role of Lawyers: Are Lawyers Really Fiduciaries?
  

Notes:

• Christi Cassel
  Keep Out of MySpace!: Protecting Students from Unconstitutional Suspensions and Expulsions
  
• Frank E. Correll, Jr.
  "You Fall into Scylla in Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach to Supervised Release for Sex Offenders
  

Issue Three

(December 2007)

Articles:

• Lawrence A. Cunningham
  Securitizing Audit Failure Risk: An Alternative to Caps on Damages
  
• Marsha Garrison
  The Empire of Illness: Competence and Coercion in Health-care Decision Making
  
• David A. Strauss
  The Common Law Genius of the Warren Court
  
• Dorothy E. Roberts
  Child Welfare’s Paradox
  

Notes:

• Jacqueline Lai Chung
  Drawing Idea from Expression: Creating a Legal Space for Culturally Appropriated Literary Characters
  
• Kathryn B. Codd
  Betting on the Wrong Horse: The Detrimental Effect of Noncompliance in the Internet Gambling Dispute on the General Agreement on Trade in Services (GATS)
  
• Andrew W. Scott
  Estop in the Name of Love: A Case for Constructive Marriage in Virginia
  
• Lindsey R. Vaala
  Bias on the Bench: Raising the Bar for U.S. Immigration Judges To Ensure Equality for Asylum Seekers
  

Issue Four

(March 2008)

Articles:

• Angela M. Banks
  Expanding Participation in Constitution Making: Challenges and Opportunities
  
• Paul D. Carrington
  Could and Should America Have Made an Ottoman Republic in 1919?
  
• James Thuo Gathii
  Popular Authorship and Constitution Making: Comparing and Contrasting the DRC and Kenya
  
• Zachary Elkins, Tom Ginsburg, & James Melton
  Baghdad, Tokyo, Kabul ...: Constitution Making in Occupied States
  
• Ran Hirschl
  The Theocratic Challenge to Constitution Drafting in Post-Conflict States
  
• Donald L. Horowitz
  Conciliatory Institutions and Constitutional Processes in Post-conflict States
  
• Vicki C. Jackson
  What’s in a Name? Reflections on Timing, Naming, and Constitution-making
  
• Inga Markovits
  Constitution Making After National Catastrophes: Germany in 1949 and 1990
  
• Balakrishnan Rajagopal
  Invoking the Rule of Law in Post-conflict Rebuilding: A Critical Examination
  
• Kim Lane Scheppele
  A Constitution Between Past and Future
  
• Karol Edward Soltan
  Constitution Making at the Edges of Constitutional Order
  
• Jane Stromseth
  Post-conflict Rule of Law Building: The Need for a Multi-layered, Synergistic Approach
  
• Mark Tushnet
  Some Skepticism About Normative Constitutional Advice
  
• William W. Van Alstyne
  Quintessential Elements of Meaningful Constitutions in Post-conflict States
  
• Jennifer Widner
  Constitution Writing in Post-conflict Settings: An Overview
  

Issue Five

(April 2008)

Articles:

• George D. Brown
  Political Judges and Popular Justice: Conservative Victory or a Conservative Dilemma?
  
• Christopher R. Leslie
  Cartels, Agency Costs, and Finding Virtue in Faithless Agents
  
• Bradford Mank
  Should States Have Greater Standing Rights than Ordinary Citizens?: Massachusetts v. EPA’s New Standing Test for States
  
• Serena Mayeri
  Reconstructing the Race-Sex Analogy
  

Notes:

• Darren Abernethy
  Of State Laboratories and Legislative Alloys: How “Fair Share” Laws Can Be Written To Avoid ERISA Preemption and Influence Private Sector Health Care Reform in America
  
• Adam W. Kersey
  Misdemeanants, Firearms, and Discretion: The Practical Impact of the Debate Over “Physical Force” and 18 U.S.C. § 922(g)(9)
  

Issue Six

(May 2008)

Articles:

• Owen D. Jones & Sarah F. Brosnan
  Law, Biology, and Property: A New Theory of the Endowment Effect
  
• Stephen A. Saltzburg & Daniel J. Capra
  The Unrecognized Right of Criminal Defendants To Admit Their Own Pretrial Statements
  
• Jim Hawkins
  Renting the Good Life
  
• Timothy R. Holbrook
  Extraterritoriality in U.S. Patent Law
  
• Erwin Chemerinsky
  Why Church and State Should Be Separate
  
• Gerard V. Bradley
  Religion at a Public University
  

Notes:

• Jocelyn Kempema
  Imitation Is the Sincerest Form of ... Infringement?: Guitar Tabs, Fair Use, and the Internet
  
• Bin Wang
  All Bark and No Bite: A Modern Evidentiary Argument for the Retirement of the Age-old Pennsylvania Rule