Yes
Faculty Scholarship
Alexander, Lawrence
- “Distributive Justice and Retributive Justice” in Oxford Handbook of Distributive Justice (Olsaretti, ed.) (Oxford University Press, 2018)
- “Ignorance as a Legal Excuse” in Moral and Legal Ignorance (Peels, ed.) (Routledge, 2017)
- “The Means Principle” in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael Moore (Ferzan, and Morse, eds.) (Oxford University Press, 2016)
- “Did Casey Strikeout? Following and Overruling Constitutional Precedents in the Supreme Court” in Precedent in the United States Supreme Court (Peters, ed.) (Spinger, 2013)
- “Redish on Freedom of Speech” in 107 Northwestern Law Review 593 (2013)
- “Fletcher on the Fault of Not Knowing” in Essays on Criminal Law (with Ferzan) (Christopher, ed.) (Oxford University Press, 2012)
- “Legal Objectivity and the Illusion of Legal Principles” in Institutionalized Reason: The Jurisprudence of Robert Alexy (Klatt, ed.) (Oxford University Press, 2012)
- Crime and Culpability: A Theory of Criminal Law (with Ferzan, and Morse) (Cambridge University Press, 2009)
- Demystifying Legal Reasoning (with Sherwin) (Cambridge University Press, 2008)
- Is There a Right of Freedom of Expression? (Cambridge University Press, 2005)
- The Rule of Rules: Morality, Rules, and the Dilemmas of Law (with Sherwin) (Duke University Press, 2001)
- “With Me It's All 'Er Nuthin: Formalism in Law and Morality” in 66 University of Chicago Law Review 530 (1999)
- “On Extrajudicial Constitutional Interpretation” in 110 Harvard Law Review 1539 (with Schauer) (1997)
- “Self Defense, Justification and Excuse” in 22 Philosophy and Public Affairs 53 (1993)
- “What Makes Wrongful Discrimination Wrong?” in 141 University of Pennsylvania Law Review 149 (1992)
Barry, Jordan
- “Collusion in Markets with Syndication” in 128 Journal of Political Economy 3779 (2020)
- “Taxation and Innovation: The Sharing Economy as a Case Study” in The Cambridge Handbook on Law and Regulation of the Sharing Economy (Nestor Davidson, Michèle Finck, and John Infranca, eds.) (Cambridge University Press, 2018)
- “Regulatory Entrepreneurship” in 90 Southern California Law Review 383 (with Pollman) (2017)
- “Tax Regulation, Transportation Innovation, and the Sharing Economy” in 81 University of Chicago Law Review Dialogue 69 (with Caron) (2014)
- “The Emerging Consensus for Cutting the Corporate Income Tax Rate” (solicited piece) in 18 Chapman Law Review 19 (2014)
- “On Derivatives Markets and Social Welfare: A Theory of Empty Voting and Hidden Ownership” in 99 Virginia Law Review 1103 (with Hatfield, and Kominers) (2013)
- “Is the Individual Mandate Really Mandatory?” in 135 Tax Notes 1633 (with Camp) (2012)
- “Pills and Partisans: Understanding Takeover Defenses” in 160 University of Pennsylvania Law Review 633 (with Hatfield) (2012)
- “Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause” in 64 Stanford Law Review 535 (2012)
- “On Regulatory Arbitrage” in 89 Texas Law Review See Also 69 (2011)
Bell, Abraham
- “Governing Communities by Auction” in 80 University of Chicago Law Review 1 (with Parchomovsky) (2014)
- “Reinventing Copyright and Patent” in 113 Michigan Law Review 231 (with Parchomovsky) (2014)
- “Property Lost in Translation” in 80 University of Chicago Law Review 515 (with Parchomovsky) (2013)
- “The Case for Imperfect Enforcement of Property Rights” in 160 University of Pennsylvania Law Review 1927 (with Parchomovsky) (2012)
Brooks, Roy L.
- The Racial Glass Ceiling (Yale University Press, 2017)
- Structures of Judicial Decision Making from Legal Formalism to Critical Theory, no. Rev. 2nd (Carolina Academic Press, 2012)
- The Law of Discrimination: Cases and Perspectives (with Carrassco, and Selmi) (Lexis Nexis, 2011)
- Racial Justice in the Age of Obama (Princeton University Press, 2009)
- Atonement and Forgiveness: A New Model for Black Reparations (University of California Press, 2004)
- When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (New York University Press, 1999)
- Critical Procedure (Carolina Academic Press, 1998)
- Integration or Separation? A Strategy for Racial Equality (Harvard University Press, 1996)
Christensen, Leah
- "LEARNING PROFESSIONAL RESPONSIBILITY: FROM THE CLASSROOM TO THE PRACTICE OF LAW", no. 2nd (with Brooks Holland) (West Academic Publishing, 2018)
- “Law Students Who Learn Differently: A Narrative Case Study of Three Law Students with Attention Deficit Disorder ” in (2018)
- “The Short and Happy Guide to the MPRE" (West Academic Publishing, 2017)
- “The Weekend MPRE: A Complete Guide to the MPRE in Only a Weekend’s Time" (West Academic Publishing, 2016)
- “The Attorney-Client Privilege in U.S. and China” in (2012)
- “1L OF A YEAR”: RESEARCH-BASED LEARNING STRATEGIES TO MAXIMIZE YOUR SUCCESS IN LAW SCHOOL" (Carolina Academic Press, 2012)
- “Legal Reading and Success in Law School: The Reading Strategies of Law Students with Attention Deficit Disorder” in (2010)
- “THINKING OUTSIDE THE BOX: A HANDBOOK FOR LAW STUDENTS WHO LEARN DIFFERENTLY" (Carolina Academic Press, 2010)
- “Predicting Law School Success: A Study of Goal Orientations, Academic Achievement and the Declining Self-Efficacy of our Law Students” in (2009)
- “Navigating the Article Selection Process: An Empirical Study of Those With All the Power - Student Editors” in 59 South Carolina Law Review 465 (with Julie A. Oseid) (2008)
- “Going Back to Kindergarten: Considering the Application of Waldorf Principles to Legal Education” in (2007)
- “Legal Reading and Law School Success: An Empirical Study” in 30 Seattle University Law Review 603 (2007)
- “The Psychology of Case Briefing: A Powerful Cognitive Schema” in (2006)
Claus, Laurence
- “A Republic, If the Courts Can Keep It?” in Wisconsin Law Review (forthcoming 2020)
- “Authority and Meaning” in 52 Connecticut Law Review (forthcoming 2020)
- “The Framers' Compromise” in 67 American Journal of Comparative Law 677 (2019)
- “Enumeration and the Silences of Constitutional Federalism” in 16 International Journal of Constitutional Law 904 (2018)
- “The Divided Executive” in 13 Duke Journal of Constitutional Law and Public Policy 25 (2018)
- “Vindicating Judicial Supremacy” in Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (Heidi M. Hurd, ed.) (Cambridge University Press, 2018)
- Law's Evolution and Human Understanding (Oxford University Press, 2012)
- “The Empty Idea of Authority” in 2009 University of Illinois Law Review 1301 (2009)
- “The One Court That Congress Cannot Take Away: Singularity, Supremacy, and Article III” in 96 Georgetown Law Journal 59 (2007)
- “Montesquieu's Mistakes and the True Meaning of Separation” in 25 Oxford Journal of Legal Studies 419 (2005)
Cole, Kevin
- “Affirmative Consent, by Way of the Intoxication Defense” in 2017 University of Illinois Law Review 47 (2017)
- “Sex and the Single Malt Girl: How Voluntary Intoxication Affects Consent” in Montana Law Review (2017)
- “Backpedalling in Place: The ALI's Move from "Affirmative" to "Contextual" Consent” in (2016)
- “Better Sex Through Criminal Law: Proxy Crimes, Covert Negligence, and Other Difficulties of "Affirmative Consent" in the ALI's Draft Sexual Assault Provisions” in 53 San Diego Law Review 507 (2016)
- The Little White Book of Baseball Law (with Minan) (ABA Publishing, 2009)
- Expanding the Right to a Jury Trial San Diego Union-Tribune (2004)
- An Assault on Our Civil Rights? Hardly San Diego Union-Tribune (2002)
- Federal Sentencing Guidelines Handbook (with Haines, and Woll) (Shepard's/McGraw-Hill, 1996)
- Federal Sentencing and Forfeiture Guide (with Haines, and Woll) (James Publishing, 1990)
Dalton, Margaret
- “Part II COVID-19 – Preventing Harm to Vulnerable Children” in San Diego Law Review (2020)
- “Procedural Safeguards and Remedies” in Special Education Law and Policy: From Foundation to Application (Wendy Murawski, and Jacqueline Rodriguez, eds.) (American Association of Colleges for Teacher Education, Plural Publishing, 2020)
- “Forgotten Children: Rethinking the Individuals with Disabilities Education Act Behavior Provisions” in 27 American University Journal of Gender, Social Policy and the Law 137 (2019)
- “Did He Really Do That? How to Use Behavior Data to Make Legal Arguments” in Council of Parent Advocates and Attorneys Annual Compendium of Materials (with Lehman) (2013)
- “Education Rights and the Special Needs Child” in Child and Adolescent Psychiatric Clinics of North America (2002)
- “Today's Teenagers: A Special Report” in Encyclopedia Americana Yearbook (Scholastic, 2000)
Devitt, Michael
- “Improper Deportation of Legal Permanent Residents: The U.S. Government's Mischaracterization of the Supreme Court's Decision in Nijhawan v. Holder” in 15 International Law Journal 1 (2013)
Dripps, Donald
- “Does Liberal Procedure Cause Punitive Substance? Preliminary Evidence from Some Natural Experiments” in 87 Southern California Law Review 459 (2014)
- “'Dearest Property': Digital Evidence and the History of Private 'Papers' as Special Objects of Search and Seizure” in 103 Journal of Criminal Law and Criminology 49 (2013)
- Criminal Law and Procedure: Cases and Materials, no. 12th (with Boyce, and Perkins) (Foundation Press, 2013)
- “Why Gideon Failed: Politics and Feedback Loops in the Reform of Criminal Justice” in 70 Washington and Lee Law Review 833 (2013)
- “The Substance-Procedure Relationship in Criminal Law” in Philosophical Foundations of Criminal Law p.409 (Duff, and Green, eds.) (Oxford University Press, 2011)
- About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure (Greenwood Press, 2003)
- “Criminal Procedure, Footnote Four, and the Theory of Public Choice: OR, Why don't Legislatures Give a Damn about the Rights of the Accused?” in 44 Syracuse Law Review 1079 (1993)
- “Beyond Rape: An Essay on the Difference Between the Presence of Force and the Absence of Consent” in 92 Columbia Law Review 1780 (1992)
- “Living with Leon” in 95 Yale Law Journal 906 (1986)
Duane, Timothy
- “Partial Solar Eclipse: Legal Obstacles to Solar Energy Development on Military Lands” in 6 George Washington University Journal of Energy and Environmental Law 1 (with Kuhn) (2014)
- “Legal, Technical, and Economic Challenges in Integrating Renewable Power Generation into the Electricity Grid” in 4 San Diego Journal of Climate and Energy Law 1 (with Griffith) (2013)
- “Putting the Dormant Commerce Clause Back to Sleep: Adapting the Doctrine to Support State Renewable Portfolio Standards” in 43 Environmental Law 295 (with Lee) (2013)
- “Water, Work, Wildlife, and Wilderness: the Collaborative Federal Public Lands Planning Framework for Utility-Scale Solar Energy Development in the Desert Southwest” in 41 Environmental Law 1093 (with McIntyre) (2011)
- “Greening the Grid: Implementing Climate Change Policy Through Energy Efficiency, Renewable Portfolio Standards, and Strategic Transmission System Investments” in 34 Vermont Law Review 711 (2010)
- Shaping the Sierra: Nature, Culture, and Conflict in the Changing West (University of California Press, 1998)
Fellmeth, Robert
- Cartel Control of Attorney Licensure and the Public Interest (with with Hayes) (forthcoming 2019)
- A White Paper on America's Family Values CAI (September 1, 2018)
- Shame on Us in 88 CAI and First Star (with with Weichel, Riehl, Samuelson, et al.) (April 1, 2018)
- California White Collar Crime and Business Litigation, no. 5th (with Papageorge) (Tower, 2016)
- “Expert Testimony in Child Related Litigation” in Handbook of Pediatric Forensic Pathology (with Chadwick) (Byard, and Collins, eds.) (Spiriner Publishing, 2014)
- “Legal Issues” in Child Maltreatment, Physical Abuse and Neglect, no. 4th (Chadwick, Giardino, and Alexander, eds.) (STM Learning, 2014)
- State Secrecy and Child Deaths in the U.S. in CAI and First Star (with Weichel, Riehl, Samuelson, et al.) (April 1, 2012)
- Child Rights and Remedies, no. 3rd (Clarity Press, 2011)
Ferruolo, Stephen
- The Origins of the University: The Schools of Paris and Their Critics (Stanford University Press, 1985)
Fleischer, Miranda Perry
- “The Architecture of a Basic Income” in 87 University of Chicago Law Review (2020)
- “Subsidizing Charity Liberally” in Research Handbook on Not-for-Profit Law (Edward Elgar Publishing, 2018)
- “Atlas Nods: The Libertarian Case for a Basic Income” in Wisconsin Law Review 1189 (with Daniel Jacob Hemel) (2017)
- “How is the Opera Like a Soup Kitchen?” in The Philosophical Foundations of Tax Law (Oxford University Press, 2017)
- “Not So Fast: The Hidden Difficulties of Taxing Wealth” in Nomos Wealth Volume (The American Society for Political and Legal Philosophy, 2017)
- “Divide and Conquer: Using an Accessions Tax to Combat Dynastic Wealth Transfers” in 57 Boston College Law Review 913 (2016)
- “Libertarianism and the Charitable Tax Subsidies” in 56 Boston College Law Review 1345 (2015)
- “Charitable Giving and Utilitarianism: Problems and Priorities” in 89 Indiana Law Journal 1485 (2014)
- “Equality of Opportunity and the Charitable Tax Subsidies” in 91 Boston University Law Review 601 (2011)
- “Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice” in 87 Washington University Law Review 505 (2010)
- “Generous to a Fault? Fair Shares and Charitable Giving” in 93 Minnesota Law Review 165 (2008)
- “Charitable Contributions in an Ideal Estate Tax” in 60 Tax Law Review 263 (2007)
Folsom, Ralph
- Foreign Investment Law (West Academic Publishing, 2016)
- International Business Transactions Practitioner's Treatise, no. 12th (West Academic Publishing, 2016)
- International Business Transactions: A Problem-Oriented Coursebook, no. 12th (with Gordon, Van Alstine, and Ramsey) (West Academic Publishing, 2015)
- Principles of International Litigation and Arbitration (2015)
- State Antitrust Laws (Mathew Bender, 2015)
- NAFTA, Free Trade and Foreign Investment in the Americas, no. 5th (West Academic Publishing, 2014)
- Principles of European Union Law, no. 4th (West Academic Publishing, 2014)
- Principles of International Trade Law (West Academic Publishing, 2014)
Fox, Dov
- “Reproducing Race in an Era of Reckoning” in Minnesota Law Review (forthcoming 2021)
- “Birth Rights and Wrongs: Reply to Critics” in Boston University Law Review (2020)
- Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law (Oxford University Press, 2019)
- “Redressing Future Losses (symposium on Civil Justice)” in DePaul Law Review (2019)
- “Subversive Science ” in Penn State Law Review (2019)
- “Thirteenth Amendment Reflections on Abortion, Surrogacy, and Race Selection” in Cornell Law Review (2019)
- “Making Things Right When Reproductive Medicine Goes Wrong: Reply to Robert Rabin, Carol Sanger, and Gregory Keating” in 118 Columbia Law Review Online 94 (2018)
- “Reproductive Negligence” in 117 Columbia Law Review 149 (2017)
- “Constitutional Retroactivity in Criminal Procedure” in 91 Washington Law Review 463 (with Stein) (2016)
- “Selective Procreation in Public and Private Law” in 64 UCLA Law Review 294 (2016)
- “Dualism and Doctrine” in 90 Indiana Law Journal 975 (with Stein) (2015)
- “Race Sorting in Family Formation ” in 49 Family Law Quarterly 57 (2015)
- “Interest Creep” in 82 George Washington Law Review 273 (2014)
- “Neuro-Voir Dire and the Architecture of Bias” in 65 Hastings Law Journal 999 (2014)
- “The Second Generation of Racial Profiling” in 38 American Criminal Law Review 49 (2010)
- “Disability-Selective Abortion and the Americans with Disabilities Act” in Utah Law Review 845 (2009)
- “Racial Classification in Assisted Reproduction ” in 118 Yale Law Journal 1884 (2009)
- “The Right to Silence Protects Mental Control” in 42 Akron Law Review 763 (2009)
- “Silver Spoons and Golden Genes” in 33 American Journal of Law and Medicine 568 (2007)
- “Ethics and Law in FDA Decision-Making” in Michigan State Law Review 1135 (2005)
Heiser, Walter
- California Civil Procedure (Lexis Nexis, 2012)
- “Using Anti-Suit Injunctions to Prevent Interdictory Actions and to Enforce Choice of Court Agreements” in 2011 Utah Law Review 855 (2011)
- “The Hague Convention on Choice of Court Agreements: The Impact of Forum Non Conveniens, Transfer of Venue, Removal, and Recognition of Judgments in Courts in the United States” in 31 University of Pennsylvania Law Review 1013 (2010)
- “Forum Non Conveniens and Retaliatory Legislation: The Impact on the Available Alternative Forum Inquiry and on the Desirability of Forum Non Conveniens as a Defense Tactic” in 56 Kansas Law Review 609 (2008)
- “A Minimum Interest Approach to Personal Jurisdiction” in 35 Wake Forest Law Review 915 (2000)
- “Forum Selection Clauses in Federal Courts” in 45 Florida Law Review 554 (1993)
Heriot, Gail
- “Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy” in 10 Engage 4 (2009)
- “Affirmative Action in American Law Schools” in 17 Journal of Contemporary Legal Issues 237 (2008)
- “The Politics of Admissions in California” in 14 Academic Questions 29 (2001)
Hirsch, Adam
- “Disclaimers and Federalism” in 67 Vanderbilt Law Review 1871 (2014)
- “Formalizing Gratuitous And Contractual Transfers: A Situational Theory” in 91 Washington University at St. Louis Law Review 797 (2014)
- “Incomplete Wills” in 111 Michigan Law Review 1423 (2013)
- “Freedom of Testation/Freedom of Contract” in 95 Minnesota Law Review 2180 (2011)
- “The Code Breakers: How States are Modifying the UDPIA” in 46 Real Property Trust and Estate Law Journal 325 (2011)
- “American History of Inheritance Law” in Oxford International Encyclopedia of Legal History (Katz, ed.) (Oxford University Press, 2009)
- “Delaware Unifies the Law of Charitable and Noncharitable Purpose Trusts” in 36 Estate Planning 13 (2009)
- “Disclaimer Law and UDPIA's Unintended Consequences” in 36 Estate Planning 34 (2009)
- “Text and Time: A Theory of Testamentary Obsolescence” in 86 Washington University Law Review 609 (2009)
Jurow Kleiman, Ariel
- “Impoverishment by Taxation” in University of Pennsylvania Law Review (forthcoming 2022)
- “Nonmarket Criminal Justice Fees” in Hastings Law Journal (2021)
- “How the COVID-19 Pandemic Has and Should Reshape the American Safety Net” in Minnesota Law Review Headnotes (with Andrew Hammond, and Gabriel Scheffler) (2020)
- Local Governments Need More Revenue. Try Progressive Property Taxes. Washington Post (with Andrew Hayashi) (2020)
- “Property Taxes During the Pandemic” in 88 Tax Notes (with Andrew Hayashi) (2020)
- “Tax Limits and the Future of Local Democracy” in Harvard Law Review (2020)
- The Faulty Foundations of the Tax Code: Gender and Racial Bias in Our Tax Laws National Women's Law Center (with Amy Matsui, and Estelle Mitchell) (2019)
- “Low-End Regressivity” in Tax Law Review (2018)
- “Recovering Lost Tax Revenue Through Taxation of Transnational Households” in 34 Berkeley Journal of International Law 100 (2016)
- “Improving the U.S. Guest Worker System Through Tax and Social Welfare Reform” in 17 Harvard Latino Law Review 147 (2014)
Kelly, Michael
- Remedies: Cases, Practical Problems & Exercises, no. 3rd (with Weaver, Partlett, and Cardi) (West Academic Publishing, 2014)
- Principles of Remedies Law, no. 2nd (West Academic Publishing, 2011)
- Inside Contract Law: What Matters and Why (Wolters Kluwer, 2010)
- “The Phantom Reliance Interest in Contract Damages” in 92 Wisconsin Law Review 1755 (1992)
- “The Rightful Position in 'Wrongful Life' Actions” in 42 Hastings Law Journal 505 (1991)
Lawrence, William
- Understanding Secured Transactions, no. 4th (with Henning, and Freyermuth) (Lexis Nexis, 2009)
- Understanding Sales and Leases of Goods (with Henning) (Mathew Bender, 1996)
Lazerow, Herbert
- “Income Tax Planning for Visual Artists, Their Dealers, Investors, and Collectors” in 170 Tax Notes 923 (2021)
- “Copyright Co-Owners” in 67 Journal of the Copyright Society of the USA 37 (2020)
- Mastering Art Law (Carolina Academic Press, 2020)
- “Uniform Interpretation of CISG” in 52 The International Lawyer 169 (2019)
- “Holocaust Art Disputes” in 51 The International Lawyer 276 (2018)
- “Art Resale Royalty Options” in 63 Journal of the Copyright Society of the USA 201 (2016)
- “Criteria of International Tax Policy” in 41 San Diego Law Review 1123 (2004)
- OECD Draft Influence on U.S. Income Tax Treaties (International Bureau of Fiscal Documentation, 1976)
Lee, Mark
- Organizing Corporate and other Business Enterprises (updated annually), no. 6th (with Gross ) (Lexis Nexis, 2000)
- Antitrust Law and Local Government (Greenwood Press, 1985)
Legrand, Pierre
- Negative Comparative Law (a critical conspectus on the theory of foreign and comparative research in law) (Routledge, forthcoming 2021)
- “Derrida's Gadamer” in Law's Hermeneutics: Other Investigations p.144 (Glanert, and Girard, eds.) (2017)
- Le Droit comparé, no. 5th ed (Presses Universitaires de France, 2015)
- “Law's Translation, Imperial Predilections and the Endurance of the Self” in 20 The Translator 290 (2014)
- Pour la relevance des droits étrangers (IRJS Editions, 2014)
- “Withholding Translation” in Comparative Law: Engaging Translation p.208 (Glanert, ed.) (Routledge, 2014)
- “Foreign Law: Understanding Understanding” in 6 Journal of Comparative Law 67 (2011)
- “Siting Foreign Law: How Derrida Can Help” in 21 Duke Journal of Comparative and International Law 595 (2011)
- “On the Singularity of Law” in 47 Harvard International Law Journal 517 (2006)
- “Issues in the Translatability of Law” in Nation, Language, and the Ethics of Translation p.30 (Bermann, and Wood, eds.) (Princeton University Press, 2005)
- “The Same and the Different” in Comparative Legal Studies: Traditions and Transitions p.240 (Legrand, and Munday, eds.) (Cambridge University Press, 2003)
Lobel, Orly
- “Exit, Voice & Innovation” in Houston Law Review (forthcoming 2020)
- “Gentlemen Prefer Bonds: How Employers Fix the Talent Market” in Santa Clara Law Review (2020)
- “Knowledge Pays: Reversing Information Flows & The Future of Pay Equity” in Columbia Law Review (2020)
- “Non-Competes, Human Capital Policy & Regional Competition” in Journal of Corporation Law (forthcoming 2020)
- “The Goldilocks Path of Legal Scholarship in a Digital Networked World” in 50 Loyola Law Review (2019)
- “Platform Market Power” in 32 Berkeley Technology Law Journal (with Kenneth A. Bamberger) (2018)
- “The NFL as a Workplace: the prospect of Applying Occupational Health and Safety Law to Protect NFL Workers” in Arizona Law Review (with Adam Finkel, Chris Deubert, Glen Cohen, and Holly Lynch) (forthcoming 2018)
- YOU DON'T OWN ME: HOW MATTEL V. MGA ENTERTAINMENT EXPOSED BARBIE'S DARK SIDE (W.W. Norton and Company, 2017)
- “Economic Espionage as Reality or Rhetoric: Prosperity as a Component of National Security” in Lewis and Clark Law Review (with Rochelle Dreyfuss) (2016)
- “Enforceability TBD: From Status to Contract in Intellectual Property Law, IP notice symposium ” in 96 Boston University Law Review (2016)
- “The Gig Economy and the Future of Employment and Labor Law” in University of San Francisco Law Review (2016)
- “The Law of the Platform” in Minnesota Law Review (2016)
- “The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property” in 93 Texas Law Review 789 (2015)
- “How Noncompetes Stifle Innovation” in 2014 Harvard Business Review (with Amir) (2014)
- TALENT WANTS TO BE FREE: WHY WE SHOULD LEARN TO LOVE LEAKS, RAIDS, AND FREE-RIDING (Yale University Press, 2013)
- “The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties and Protections for Reporting Illegality” in 88 Texas Law Review 1151 (2010)
- “Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations” in 97 California Law Review 433 (2009)
- Encyclopedia of Labor and Employment Law and Economics (Dau-Schmidt, and Harris, eds.) (Edward Elgar Publishing, 2009)
- “Behavioral Versus Institutional Antecedents of Decentralized Enforcement in Organizations: An Experimental Approach” in 2 Regulations & Governance 165 (with Feldman) (2008)
- “Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy” in 108 Columbia Law Review 2098 (with Amir) (2008)
Martin, Shaun
- “Substitution” in 73 Tennessee Law Review 545 (2007)
- “Encumbered Shares” in 2005 Illinois Law Review 775 (with Partnoy) (2005)
- “Intracorporate Conspiracies” in 50 Stanford Law Review 399 (1998)
McGowan, David
- “Consumer Contracts and the Restatement Project” in 19 San Diego Legal Studies Paper Series 424 (2019)
- “Legal Education and the Ethics of Acceptance” in 18 San Diego Legal Studies Paper Series 354 (2018)
- “The Criminal Conflicts Paradox” in 18 San Diego Legal Studies Paper Series 332 (2018)
- “The Lemons Problem in Criminal Appeals: On the Pernicious Effects of Douglas v. California” in 18 San Diego Legal Studies Paper Series 353 (2018)
- “The Apportionment Problem in Copyright Law” in 17 San Diego Legal Studies Paper Series 307 (2017)
- “Bleak Work: Role Morality in Dickens and in Practice” in 16 San Diego Legal Studies Paper Series 221 (2016)
- “Two Ironies of UPL Laws” in 16 San Diego Legal Studies Paper Series 218 (2016)
- “California's Duty of Confidentiality: A Case Study in Code Interpretation” in 14 San Diego Legal Studies Paper Series 163 (2014)
- “The Unfallen Sky” in 51 Houston Law Review 337 (2013)
- “Lawspeech” in 2012 Journal of the Professional Lawyer 1 (2012)
- “Making Law School More Useful” in 13 San Diego Legal Studies Paper Series 102 (2012)
- “Big But Brittle: Economic Perspectives of the Law Firm in the New Economy” in 2011 Columbia Business Law Review (with Burk) (2011)
- “Some Realism about the Free Speech Critique of Copyright” in 74 Fordham Law Review 101 (2005)
- “Copyright Nonconsequentialism” in 69 Missouri Law Review 1 (2004)
- “Legal Implications of Network Economic Effects” in 86 California Law Review 479 (with Lemley) (1998)
McGowan, Miranda
- Obamacare's Day in Court: What Kind of Conservatism Will Win? San Diego Union-Tribune (March 28, 2012)
- “Can Citizenship Reinvigorate the Fight for Gender Equality?” in 28 Constitutional Commentary (2012)
- “Do As I Say, Not as I Do: An Empirical investigation of Justice Scalia's Ordinary Meaning Methodology for Interpreting Statutes” in 78 Mississippi Law Journal 1301 (2008)
Ramirez, Jean
- Criminal Litigation in Action , no. 4 (with Berend) (Carolina Academic Press, forthcoming 2020)
- Criminal Litigation in Action, no. 3 (with Berend) (Carolina Academic Press, forthcoming 2015)
- Criminal Litigation In Action, no. 2 (with Berend) (California Academic Press, 2002)
- State v. Johnson: An Acquaintance Rape Case File and Problem Set (National Institute for Trial Advocacy Publishing, 2000)
Ramsey, Lisa
- “Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility” in The Cambridge Handbook of International and Comparative Trademark Law (Irene Calboli and Jane Ginsburg, ed.) (Cambridge University Press, 2020)
- “Using Failure to Function Doctrine to Protect Free Speech and Competition in Trademark Law” in 104 Iowa Law Review Online (2020)
- “Free Speech Challenges to Trademark Law After Matal v. Tam” in 56 Houston Law Review (2018)
- “Non-Traditional Trademarks and Inherently Valuable Expression” in The Protection of Non-Traditional Marks: Critical Perspectives (Irene Calboli and Martin Senftleben, ed.) (Oxford University Press, 2018)
- “A Free Speech Right to Trademark Protection” in 106 Trademark Reporter 797 (2016)
- “Reconciling Trademark Rights and Free Expression Locally and Globally” in International Intellectual Property: A Handbook of Contemporary Research p. 341 (Gervais, ed.) (Edward Elgar Publishing, 2015)
- “Mechanisms for Limiting Trade Mark Rights to Further Competition and Free Speech” in 44 International Review of Intellectual Property and Competition Law 671 (with Schovsbo) (2013)
- “Brandjacking on Social Networks: Trademark Infringement by Impersonation of Markholders” in 58 Buffalo Law Review 851 (2010)
- “Free Speech and International Obligations to Protect Trademarks” in 35 Yale Journal of International Law 405 (2010)
- “Increasing First Amendment Scrutiny of Trademark Law” in 61 Southern Methodist University Law Review 381 (2008)
- “First Amendment Limitations on Trademark Rights” in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age (Yu, ed.) (Praeger, 2006)
- “Intellectual Property Rights in Advertising” in 12 Michigan Telecommunications and Technology Law Review 189 (2006)
- “Descriptive Trademarks and the First Amendment” in 70 Tennessee Law Review 1095 (2003)
Ramsey, Michael
- “Congress's Limited Power to Enforce Treaties” in 90 Notre Dame Law Review 1539 (2015)
- International Law in the U.S. Supreme Court (Sloss, Ramsey, and Dodge, eds.) (Cambridge University Press, 2011)
- The Constitution's Text in Foreign Affairs (Harvard University Press, 2007)
- “Textualism and War Powers” in 69 Chicago Law Review (2002)
- “The Executive Power over Foreign Affairs” in 111 Yale Law Journal 231 (with Prakash) (2001)
Rappaport, Michael
- “Replacing Administrative Adjudication with Independent Administrative Courts” in George Mason Law Review (2019)
- “Unifying Original Intent and Original Public Meaning, Northwestern Law Review” in Northwestern Law Review (with McGinnis) (2019)
- “Classical Liberal Administrative Law in a Progressive World ” in Handbook on Classical Liberalism (Todd Henderson, ed.) (Cambridge University Press, 2018)
- “The Constitution and the Language of the Law” in William and Mary Law Review (with McGinnis) (2018)
- “Is Proportionality Analysis Consistent with Originalism?” in Diritto Pubblico Comparato Ed Europeo (2017)
- “Why Nonoriginalism Does Not Justify Departing from the Original Meaning of the Recess Appointments Clause” in Harvard Journal of Law and Public Policy 889 (2015)
- “The Classical Liberal Constitution: An Originalist Assessment” in NYU Journal of Law & Liberty 800 (2014)
- “Originalism and the Colorblind Constitution” in 89 Notre Dame Law Review 71 (2013)
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