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Submissions from 2013

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Insuring Children Against Parental Incarceration Risk, Angela Cai

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“A DANGEROUS UNDERTAKING”: THE PROBLEM OF INTENTIONALISM AND PROMISE OF EXPERT TESTIMONY IN APPROPRIATION ART INFRINGEMENT CASES, Isia Jasiewicz

Submissions from 2012

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THE ROLE OF FOLK BELIEFS ABOUT FREE WILL IN SENTENCING: A NEW TARGET FOR THE NEURO-DETERMINIST CRITICS OF CRIMINAL LAW, Emad Hanzala Atiq

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State of Responsibility for ‘General Measures of Economic Policy’ Under Investment Law, Brian Bombassaro

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One of These Things Is Not Like the Others: Legislative History in the U.S. Courts of Appeal, Glenn Bridgman

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The constitutionalism of Electricity Restructuring: A Case Study in Statutory Reinterpretation, Matthew Christiansen

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The Fusion of Law and Equity in the Field Code of Civil Procedure: New York, 1846-1876, Kellen Funk

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Locking the Doors to Discovery? Assessing the Effects of Twombly and Iqbal on Access to Discovery, Jonah Gelbach

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A Punitive Bind: Policing, Poverty and Neoliberalism in New York City, Jeremy Kaplan-Lyman

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The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct, David Keenan, Deborah Jane Cooper, David Lebowitz, and Tamar Lerer

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Nudging’ Section 8 Recipients Out of the Ghetto, Elizabeth Kelly

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MEMORANDUM OF LAW IN SUPPORT OF CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT: SHEPHERD v. MCHUGH, Civil No.: 3:11-cv-00641 (AWT), Rebecca Kraus and Dana Montalto

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Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability To Bring Successful Padilla Claims, Danielle Lang

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OUR NON-ORIGINALIST RIGHT TO BEAR ARMS: HOW PUBLIC OPINION HAS SHAPED THE SECOND AMENDMENT, Robert Leider

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Making Cyberspace Safe for Democracy: The Challenge Posed by Denial-of-Service Attacks, Joshua McLaurin

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Family Integrity and Incarcerated Parents: Bridging the Divide, Caitlin Mitchell

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Sink or Swim: Abrogating the Nile Treaties While Upholding the Rule of Law, Alice Shih and Trevor Stutz

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The Origins of the Oral Deposition Under the Federal Rules: Who’s in Charge?, Ezra Siller

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Lawfare in Luzon: The American Application of the Rules of War in the Philippines, 1898-1903, William Allen Smiley IV

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The Artist As Brand: Towards a Trademark Conception of Moral Rights, Xiyin Tang

Submissions from 2011

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A Study of Changes to the Land Demarcation System in Seventeenth and Eighteenth Century New Haven, Maureen Boyle

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A Distaste for War at Walden Pond: Thoreau’s The Bean-Field, Theories of Personal Property, and the Mexican-American War, Jesse Cross

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Critical Bureaucracy: The Communicative Power of the Equal Employment Opportunity Commission, Blake Emerson

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The Twenty-Sixth Amendment Enforcement Power, Eric Fish

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OUR SURVEILLANCE CULTURE, Stephen N. Gikow

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An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges and Immunities, Matthew Hegreness

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Minimalism, Experimentalism and the Regulation of Risk: A Reply to Sabel and Simon, Daniel Hemel

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Regulatory Consolidation and Cross-Border Coordination: Challenging the Conventional Wisdom, Daniel Hemel

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Aligning Incentives for Development: The World Bank and the Chad-Cameroon Oil Pipeline, Annalisa M. Leibold

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Human Frailty: The Structure and Foundation of the Provocation Defense, Gabriel Mendlow

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Is There Any Value? Reevaluating Homeowners Insurance Valued Policy Laws, Peter Molk

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Urban Development Through Planned Retail: Yale’s Commercial Real Estate Program, David Roth

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Narrativizing the Architectural Copyright Act: Another View of the Cathedral, Xiyin Tang Ms.

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Site-Specific Works and the Visual Artists Rights Act: Modeling a More Flexible Approach on the Building Exception, Helen Vera

Submissions from 2010

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The Failure of America’s First City Plan: Why New Haven, the Colonies’ First Planned City, Would Have Been Better Left Unplanned, Maureen E. Boyle

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A New National Security Court? The Case for a Provisional Approach to the Guantanamo Habeas Suits, Sophia M. Brill

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The Second Generation of Racial Profiling, Dov Fox

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To Bear a Reasonable Part: The Use of Special Assessments in New Haven, 1870-1920, Rebecca Freeland

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The Organic Law Theory of the Fourteenth Amendment: How the Northwest ordinance Shaped the Privileges and Immunities of the United States, Matthew Hegreness

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Regulatory Consolidation and Cross-Border Coordination Challenging the Conventional Wisdom, Daniel Hemel

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The Economic Logic of the Lease/Loan Distinction: In Defense of the Status Quo, Daniel Hemel

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Patenting Ready-to-Use-Therapeutic Food: The Plumpy’nut Controversy, Talia Kraemer

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The Accidental Success of Connecticut’s Largest Housing Development: 360 State Street in New Haven, Jeremy Kutner

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Render Less Unto Caesar?: Denying Communion to Catholic Judges, Dermot Lynch

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Expression by Ordinance: Preemption and Proxy in Local Legislation, Lindsay Nash

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Bankruptcy As Constitutional Property: Using Statutory Entitlement Theory to Abrogate State Sovereign Immunity, Joseph Pace

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E-Book Transactions: Amazon “Kindles” the Copy Ownership Debate, Michael Seringhaus

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The Problem Child: Forensic DNA Databases, Familial Search, and A Call for Reform, Michael Seringhaus

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That Old Thing, Copyright…Rethinking “Progress” and “Originality” in (and for) the Remix Age, Xiyin Tang

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A Sobering Look at Why Sunday Closing Laws Violate the Sherman Act, Elina Tetelbaum

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Citizens Informed: Broader Disclosure and Disclaimer for Corporate Electoral Advocacy in the Wake of Citizens United, Daniel Winik

Submissions from 2009

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Want Not, Waste Not: Contracting Around the Law of Ameliorative Waste, Gina Cora

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Translating the Standard of Effective Control into a System of Effective Accountability: How Liability Should be Apportioned for Violations of Human Rights by Member State Troop Contingents Serving as United Nations Peacekeepers, Karl T. Dannenbaum

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OUR FORGOTTEN FOUNDERS: RECONSTRUCTION, PUBLIC EDUCATION, AND CONSTITUTIONAL HEROISM, Thomas Donnelly

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Racial Classification in Assisted Reproduction, Dov Fox

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Presidential Inability and Subjective Meaning, Adam Gustafson

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The New Parenthood and the Old Ambivalence about Disability: Baby Doe, Prenatal Testing, and Disability Rights, John Muller

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Toward a “New School” Licensing Regime for Digital Sampling: Disclosure, Coding, and Click-Through, Thomas Wolf

Submissions from 2008

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A Comparative Analysis of the United States’s Response to Extradition Requests from China, Matthew Bloom

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John Doe Subpoenas: Toward a Consistent Legal Standard, Nathaniel Gleicher

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CHASING THE CHESHIRE CAT? JOHN AUSTIN AND THE TRIAL OF FEDERALISM IN VICTORIAN ENGLAND, Patrick S. Kabat

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‘TIL NAUGHT BUT ASH IS LEFT TO SEE’: STATEWIDE SMOKING BANS, BALLOT INITIATIVES, AND THE PUBLIC SPHERE, Patrick S. Kabat

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Human Rights Labeling: A WTO Compliant Strategy to Harness the Power of Consumer Preference, Jessica M. Karbowski

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Chevron as a Doctrine of Hard Cases, Frederick Liu

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Enforcing the Treaty Rights of Aliens, Laura Moranchek

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PRIVATE MANAGEMENT OF PUBLIC SPACES: NONPROFIT ORGANIZATIONS AND URBAN PARKS, Michael F. Murray

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Mending Wall: Playing the Game of Neighborhood Ordering, Lindsay Nash

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Codified Canons and the Common Law of Interpretation, Jacob Scott

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THE POLITICAL ROOTS OF JUDICIAL LEGITIMACY: EXPLAINING THE ENDURING VALIDITY OF THE INSULAR CASES, Krishanti Vignarajah

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NON-ILLUSORY LOSSES: WHY PAIN AND SUFFERING DAMAGES SHOULD (JUST) BE ABOUT PAIN AND SUFFERING, Lucy Wang

Submissions from 2007

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Using Insurance Law and Policy to Interpret the Tax Code's Loss and Medical Expense Provisions, Andrew Blair-Stanek

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No Place To Park: The Uneasy Relationship Between a City and its Cars, YiLing L. Chen-Josephson

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A Question of Rank, Shuky Ehrenberg

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Defending Nationals Abroad: Assessing the Lawfulness of Forcible Hostage Rescues, Kristen Eichensehr

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The Case for Tax Credits, Brian H. Jenn

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Property Without Possession: Defining Private Instream Rights in Western Water Law, Nicole L. Johnson

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POLITICAL GERRYMANDERING AND ELECTORAL ACCOUNTABILITY , Michael Khoo

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“Elusive Abominations”: Standards of Appellate Review in the ad hoc International Criminal Tribunals, Krissa Lanham

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Making Sense of “Moral Rights”: Artists’ European-style Intellectual Property Protections Within the American System , Brian A. Lee

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Coercion, Immigration and the Grounds of Distributive Justice, Ira Lindsay

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Regulating Antitrust as Amicus: The Government’s Role in Private Enforcement Actions Before the Supreme Court, Michelle Messer

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Contracting for Financial Privacy: The Rights of Banks and Customers Under the Reauthorized Patriot Act, Aditi Prabhu

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TIERED CONSENT AND THE TYRANNY OF CHOICE, Natalie Ram

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Full Faith and Credit in the Early Congress, Stephen E. Sachs

Submissions from 2006

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Targeting Tehran: Assessing the Lawfulness of Preemptive Strikes Against Nuclear Facilities, Kristen Eichensehr

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Using Group Statistics To Sentence Individual Criminals: An Ethical and Statistical Critique of the Virginia Risk Assessment Program, Brian Netter

Submissions from 2005

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A New Ideal for Government in Malory’s Morte Darthur, Dana Goldblatt

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Beyond Lawrence: Metaprivacy and Punishment, Jamal Greene

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Regulation by Software, James Grimmelmann

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Affirmative Action’s Affirmative Actions: A Reply to Sander, Daniel E. Ho

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Why Affirmative Action Does Not Cause Black Students To Fail the Bar, Daniel E. Ho

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EQUALIZING PREGNANCY: The Birth of a Super-Statute, Kevin Schwartz