Submissions from 2013
Equality Arguments for Abortion Rights, Neil S. Siegel and Reva B. Siegel
Submissions from 2012
Regulating Opt-Out: An Economic Theory of Altering Rules, Ian Ayres
Commitment Bonds, Ian Ayres and Michael Abramowicz
The (Theoretical) Future of Personal Jurisdiction: Issues Left Open by Goodyear Dunlop Tires v. Brown and J. McIntyre Machinery v. Nicastro, Lea Brilmayer and Matthew Smith
Commentary on William Fischel’s The Evolution of Zoning Since the 1980s: The Persistence of Localism, Robert C. Ellickson
LEGAL SOURCES OF RESIDENTIAL LOCK-INS: WHY FRENCH HOUSEHOLDS MOVE HALF AS OFTEN AS U.S. HOUSEHOLDS, Robert C. Ellickson
THE COSTS OF COMPLEX LAND TITLES: TWO EXAMPLES FROM CHINA, Robert C. Ellickson
RACIAL CRITIQUES OF MASS INCARCERATION: BEYOND THE NEW JIM CROW, James Forman Jr
A Circle of Trust: The Story of the See Forever School, James Forman Jr and David Domenici
Our Federalism(s), Heather K. Gerken
Income Tax Discrimination: Still Stuck in the Labyrinth of Impossibility, Michael J. Graetz and Alvin C. Warren Jr.
Legal Entities as Transferable Bundles of Contracts, Henry Hansmann and Kenneth Ayotte
The Law of Cyber-Attack, Oona A. Hathaway and Rebecca Crootof
International Law at Home: Enforcing Treaties in U.S. Courts, Oona A. Hathaway, Sabrina McElroy, and Sara A. Solow
Equity, Efficiency, and Stability: The Importance of Macroeconomics for Evaluating Income Tax Policy, Yair Listokin
Building the Federal Judiciary (Literally and Legally): The Monuments of Chief Justices Taft, Warren, and Rehnquist, Judith Resnik
Visions of "Justice", Judith Resnik
Re-presenting Justice: Visual Narratives of Judgment and the Invention of Democratic Courts, Judith Resnik and Dennis E. Curtis
Transparency and Business Advantage: The Impact of International Anti-Corruption Policies on the United States National Interest, Susan Rose-Ackerman
What Happens to the "Bad Apples": An Empirical Study of Suspensions in New York City Schools, Peter H. Schuck
The Expectation Remedy Revisited, Alan Schwartz
Booker Rules, Kate Stith
Weinstein on Sentencing, Kate Stith
What Has Love Got To Do With It? Sentimental Attachments and Legal Decision-Making, Tom R. Tyler
Immigration Law and the Proportionality Requirement, Michael J. Wishnie
Attempt, Risk-Creation and Change of Mind: Reflections on Herzog, Gideon Yaffe
Book Review: Legality, Gideon Yaffe
Intoxication, Recklessness and Negligence, Gideon Yaffe
Moore on Causing, Acting, and Complicity, Gideon Yaffe
Submissions from 2011
Limited War and the Constitution: Iraq and the Crisis of Presidential Legality, Bruce Ackerman and Oona Hathaway
America's Lived Constitution, Akhil R. Amar
Plessy v. Ferguson and the Anti-Canon, AKHIL R. Amar
Randomizing Law, Ian Ayres, Michael Abramowicz, and Yair Listokin
Very Like a Law Professor: An Essay in Honor of Tom Ulen, Aharon Barak
Response to Robert Ahdieh's Beyond Individualism in Law and Economics, Richard R. W. Brooks
Beyond Ex Post Expediency: An Ex Ante View of Rescission and Restitution, Richard R. W. Brooks and Alexander Stremitzer
Remembering Fred, Guido Calabresi
THE INEVITABLE TREND TOWARD UNIVERSALLY RECOGNIZABLE SIGNALS OF PROPERTY CLAIMS: AN ESSAY FOR CAROL ROSE, Robert C. Ellickson
Two Cheers for the Bundle-of-Sticks Metaphor, Three Cheers for Merrill and Smith, Robert C. Ellickson
Politics Failed, Not Ideas, Donald Elliott
Noah's Curse: How Religion Often Conflates, Status, Belief, and Conduct to Resist Antidiscrimination Norms, William N. Eskridge Jr.
THE BLACK POOR, BLACK ELITES, AND AMERICA'S PRISONS, James Forman Jr
What it Takes to Transform a School: Inside a Juvenile Justice Facility, James Forman Jr and David Domenici
Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond, Abbe R. Gluck
The Lloyd Leva Plaine Distinguished Lecture: The Politics and Policy of the Estate Tax — Past, Present and Future, Michael J. Graetz
Outcasting: Enforcement in Domestic and International Law, Oona A. Hathaway and Scott J. Shapiro
Politics by Other Meanings: A Comment on "Retaking Rationality Two Years Later", Douglas A. Kysar
What Climate Change Can Do about Tort Law, Douglas A. Kysar
Prods and Pleas: Limited Government in an Era of Unlimited Harm, Douglas A. Kysar and Benjamin Ewing
Taxation and Liquidity, Yair Listokin
Reducing Systemic Risk: The Role of Money Market Mutual Funds as Substitutes for Federally Insured Bank Deposits, Jonathan Macey
Failure Is an Option: An Ersatz-Antitrust Approach to Financial Regulation, Jonathan R. Macey and James P. Holdcroft
In Personal Performance Codes, One Size Doesn't Fit All: Clarifying the Professional and Ethical Responsibilities of Decision Makers, W. Michael Reisman and Andrew R. Willard
Bring Back Bentham: "Open Courts," "Terror Trials," and Public Sphere(s), Judith Resnik
Compared to What?: ALI Aggregation and the Shifting Contours of Due Process and of Lawyers’ Powers, Judith Resnik
Fairness in Numbers: A Comment on AT&T v. Concepcion, Wal-Mart v. Dukes, and Turner v. Rogers, Judith Resnik
The Production and Reproduction of Constitutional Norms, Judith Resnik
Hyper-Presidentialism: Separation of Powers without Checks and Balances in Argentina and the Philippines, Susan Rose-Ackerman
Putting Cost-Benefit Analysis in Its Place: Rethinking Regulatory Review, Susan Rose-Ackerman
Tort as a Litigation Lottery: A Misconceived Metaphor, Peter H. Schuck
Rethinking the Laws of Good Faith Purchase, Alan Schwartz
The Myth of Efficient Breach: New Defenses of Expectation Interest, Alan Schwartz
Two Culture Problems in Law and Economics, Alan Schwartz
Before (and After) Roe v. Wade: New Questions About Backlash, Reva B. Siegel
From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases, Reva B. Siegel
In Memoriam: A Tribute to Professor Daniel J. Freed, Kate Stith
American Policing at a Crossroads: Unsustainable Policies and the Procedural Justice Alternative, Tom R. Tyler
Diversity and Corporate Performance: A Review of the Psychological Literature, Tom R. Tyler
Mechanisms for eliciting cooperation in counter-terrorism policing: Evidence from the United Kingdom, Tom R. Tyler
Proportionality: The Struggle for Balance in U.S. Immigration Policy, Michael J. Wishnie
The Dismal History of the Laws of War, John F. Witt
Locke on Consciousness, Personal Identity and the Idea of Duration, Gideon Yaffe
Prevention and Imminence, Pre-punishment and Actuality, Gideon Yaffe
Submissions from 2010
Private Tragedies? Family Law as Social Insurance, Anne L. Alstott
Private Tragedies? Family Law as Social Insurance, ANNE L. ALSTOTT
Why the EITC Doesn't Make Work Pay, Anne L. Alstott
Applications and Implications of the Twenty-fifth Amendment, Akhil Reed Amar
How America’s Constitution Affirmed Freedom of Speech Even Before the First Amendment, Akhil Reed Amar
Never Say No: The Law, Economics, and Psychology of Counteroffers, Ian Ayres
Theodicy, Ian Ayres
Randomizing Law, Ian Ayres, Yair J. Listokin, and Michael Abramowicz
Commerce, Jack M. Balkin
The Reconstruction Power, Jack M. Balkin
Constitutional Dictatorship: Its Dangers and Its Design, Jack M. Balkin and Sanford Levinson
Legal Representation for the Poor: Can Society Afford This Much Injustice?, Stephen B. Bright
The Right to Counsel in Death Penalty and Other Criminal Cases: Neglect of the Most Fundamental Right and What We Should Do About It,, Stephen B. Bright
Choice of Law Theory and the Metaphysics of the Stand-Alone Trigger, Lea Brilmayer
Remedies On and Off Contract, Richard R.W. Brooks and Alexander Stremitzer
Being Honest About Being Honest Agents, Guido Calabresi
Remarks of Hon. Guido Calabresi, Guido Calabresi
Employment Discrimination Decisions from the October 2008 Term, Drew S. Days III
Mass Imprisonment, Crime Rates, and the Drug War: A Penological and Humanitarian Disgrace, Steven B. Duke
The False Promise of the Mixed-Income Housing Project, Robert C. Ellickson
Environmental Law in Global Perspective: Five Do's and Five Don'ts from Our Experience, E. Donald Elliott
TWOMBLY IN CONTEXT: WHY FEDERAL RULE OF CIVIL PROCEDURE 4(B) IS UNCONSTITUTIONAL, E. Donald Elliott
Chevron as a Canon, Not a Precedent: An Empirical Study of What Motivates Justices in Agency Deference Cases, William N. Eskridge Jr.
Is Political Powerless a Requirement for Heightened Equal Protection Scrutiny?, William N. Eskridge Jr.
Sexual and Gender Variation in American Public Law: From Malignant to Benign to Productive, William N. Eskridge Jr.
