Submissions from 2012
THE ROLE OF FOLK BELIEFS ABOUT FREE WILL IN SENTENCING: A NEW TARGET FOR THE NEURO-DETERMINIST CRITICS OF CRIMINAL LAW, Emad Hanzala Atiq
State of Responsibility for ‘General Measures of Economic Policy’ Under Investment Law, Brian Bombassaro
One of These Things Is Not Like the Others: Legislative History in the U.S. Courts of Appeal, Glenn Bridgman
The constitutionalism of Electricity Restructuring: A Case Study in Statutory Reinterpretation, Matthew Christiansen
The Fusion of Law and Equity in the Field Code of Civil Procedure: New York, 1846-1876, Kellen Funk
Locking the Doors to Discovery? Assessing the Effects of Twombly and Iqbal on Access to Discovery, Jonah Gelbach
A Punitive Bind: Policing, Poverty and Neoliberalism in New York City, Jeremy Kaplan-Lyman
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
Nudging’ Section 8 Recipients Out of the Ghetto, Elizabeth Kelly
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
Padilla v. Kentucky: The Effect of Plea Colloquy Warnings on Defendants’ Ability To Bring Successful Padilla Claims, Danielle Lang
OUR NON-ORIGINALIST RIGHT TO BEAR ARMS: HOW PUBLIC OPINION HAS SHAPED THE SECOND AMENDMENT, Robert Leider
Making Cyberspace Safe for Democracy: The Challenge Posed by Denial-of-Service Attacks, Joshua McLaurin
Family Integrity and Incarcerated Parents: Bridging the Divide, Caitlin Mitchell
Sink or Swim: Abrogating the Nile Treaties While Upholding the Rule of Law, Alice Shih and Trevor Stutz
The Origins of the Oral Deposition Under the Federal Rules: Who’s in Charge?, Ezra Siller
Lawfare in Luzon: The American Application of the Rules of War in the Philippines, 1898-1903, William Allen Smiley IV
The Artist As Brand: Towards a Trademark Conception of Moral Rights, Xiyin Tang
Submissions from 2011
A Study of Changes to the Land Demarcation System in Seventeenth and Eighteenth Century New Haven, Maureen Boyle
Critical Bureaucracy: The Communicative Power of the Equal Employment Opportunity Commission, Blake Emerson
The Twenty-Sixth Amendment Enforcement Power, Eric Fish
OUR SURVEILLANCE CULTURE, Stephen N. Gikow
An Organic Law Theory of the Fourteenth Amendment: The Northwest Ordinance as the Source of Rights, Privileges and Immunities, Matthew Hegreness
Minimalism, Experimentalism and the Regulation of Risk: A Reply to Sabel and Simon, Daniel Hemel
Regulatory Consolidation and Cross-Border Coordination: Challenging the Conventional Wisdom, Daniel Hemel
Aligning Incentives for Development: The World Bank and the Chad-Cameroon Oil Pipeline, Annalisa M. Leibold
Human Frailty: The Structure and Foundation of the Provocation Defense, Gabriel Mendlow
Is There Any Value? Reevaluating Homeowners Insurance Valued Policy Laws, Peter Molk
Urban Development Through Planned Retail: Yale’s Commercial Real Estate Program, David Roth
Narrativizing the Architectural Copyright Act: Another View of the Cathedral, Xiyin Tang Ms.
Submissions from 2010
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
A New National Security Court? The Case for a Provisional Approach to the Guantanamo Habeas Suits, Sophia M. Brill
The Second Generation of Racial Profiling, Dov Fox
To Bear a Reasonable Part: The Use of Special Assessments in New Haven, 1870-1920, Rebecca Freeland
The Organic Law Theory of the Fourteenth Amendment: How the Northwest ordinance Shaped the Privileges and Immunities of the United States, Matthew Hegreness
Regulatory Consolidation and Cross-Border Coordination Challenging the Conventional Wisdom, Daniel Hemel
The Economic Logic of the Lease/Loan Distinction: In Defense of the Status Quo, Daniel Hemel
Patenting Ready-to-Use-Therapeutic Food: The Plumpy’nut Controversy, Talia Kraemer
The Accidental Success of Connecticut’s Largest Housing Development: 360 State Street in New Haven, Jeremy Kutner
Render Less Unto Caesar?: Denying Communion to Catholic Judges, Dermot Lynch
Expression by Ordinance: Preemption and Proxy in Local Legislation, Lindsay Nash
Bankruptcy As Constitutional Property: Using Statutory Entitlement Theory to Abrogate State Sovereign Immunity, Joseph Pace
E-Book Transactions: Amazon “Kindles” the Copy Ownership Debate, Michael Seringhaus
The Problem Child: Forensic DNA Databases, Familial Search, and A Call for Reform, Michael Seringhaus
That Old Thing, Copyright…Rethinking “Progress” and “Originality” in (and for) the Remix Age, Xiyin Tang
A Sobering Look at Why Sunday Closing Laws Violate the Sherman Act, Elina Tetelbaum
Citizens Informed: Broader Disclosure and Disclaimer for Corporate Electoral Advocacy in the Wake of Citizens United, Daniel Winik
Submissions from 2009
Want Not, Waste Not: Contracting Around the Law of Ameliorative Waste, Gina Cora
OUR FORGOTTEN FOUNDERS: RECONSTRUCTION, PUBLIC EDUCATION, AND CONSTITUTIONAL HEROISM, Thomas Donnelly
Racial Classification in Assisted Reproduction, Dov Fox
Presidential Inability and Subjective Meaning, Adam Gustafson
The New Parenthood and the Old Ambivalence about Disability: Baby Doe, Prenatal Testing, and Disability Rights, John Muller
Toward a “New School” Licensing Regime for Digital Sampling: Disclosure, Coding, and Click-Through, Thomas Wolf
Submissions from 2008
A Comparative Analysis of the United States’s Response to Extradition Requests from China, Matthew Bloom
John Doe Subpoenas: Toward a Consistent Legal Standard, Nathaniel Gleicher
CHASING THE CHESHIRE CAT? JOHN AUSTIN AND THE TRIAL OF FEDERALISM IN VICTORIAN ENGLAND, Patrick S. Kabat
‘TIL NAUGHT BUT ASH IS LEFT TO SEE’: STATEWIDE SMOKING BANS, BALLOT INITIATIVES, AND THE PUBLIC SPHERE, Patrick S. Kabat
Human Rights Labeling: A WTO Compliant Strategy to Harness the Power of Consumer Preference, Jessica M. Karbowski
Chevron as a Doctrine of Hard Cases, Frederick Liu
Enforcing the Treaty Rights of Aliens, Laura Moranchek
PRIVATE MANAGEMENT OF PUBLIC SPACES: NONPROFIT ORGANIZATIONS AND URBAN PARKS, Michael F. Murray
Mending Wall: Playing the Game of Neighborhood Ordering, Lindsay Nash
Codified Canons and the Common Law of Interpretation, Jacob Scott
THE POLITICAL ROOTS OF JUDICIAL LEGITIMACY: EXPLAINING THE ENDURING VALIDITY OF THE INSULAR CASES, Krishanti Vignarajah
NON-ILLUSORY LOSSES: WHY PAIN AND SUFFERING DAMAGES SHOULD (JUST) BE ABOUT PAIN AND SUFFERING, Lucy Wang
Submissions from 2007
Using Insurance Law and Policy to Interpret the Tax Code's Loss and Medical Expense Provisions, Andrew Blair-Stanek
No Place To Park: The Uneasy Relationship Between a City and its Cars, YiLing L. Chen-Josephson
A Question of Rank, Shuky Ehrenberg
Defending Nationals Abroad: Assessing the Lawfulness of Forcible Hostage Rescues, Kristen Eichensehr
The Case for Tax Credits, Brian H. Jenn
Property Without Possession: Defining Private Instream Rights in Western Water Law, Nicole L. Johnson
POLITICAL GERRYMANDERING AND ELECTORAL ACCOUNTABILITY , Michael Khoo
“Elusive Abominations”: Standards of Appellate Review in the ad hoc International Criminal Tribunals, Krissa Lanham
Making Sense of “Moral Rights”: Artists’ European-style Intellectual Property Protections Within the American System , Brian A. Lee
Coercion, Immigration and the Grounds of Distributive Justice, Ira Lindsay
Regulating Antitrust as Amicus: The Government’s Role in Private Enforcement Actions Before the Supreme Court, Michelle Messer
Contracting for Financial Privacy: The Rights of Banks and Customers Under the Reauthorized Patriot Act, Aditi Prabhu
TIERED CONSENT AND THE TYRANNY OF CHOICE, Natalie Ram
Full Faith and Credit in the Early Congress, Stephen E. Sachs
Submissions from 2006
Targeting Tehran: Assessing the Lawfulness of Preemptive Strikes Against Nuclear Facilities, Kristen Eichensehr
Submissions from 2005
A New Ideal for Government in Malory’s Morte Darthur, Dana Goldblatt
Beyond Lawrence: Metaprivacy and Punishment, Jamal Greene
Regulation by Software, James Grimmelmann
Affirmative Action’s Affirmative Actions: A Reply to Sander, Daniel E. Ho
Why Affirmative Action Does Not Cause Black Students To Fail the Bar, Daniel E. Ho
EQUALIZING PREGNANCY: The Birth of a Super-Statute, Kevin Schwartz