Content Posted in 2006
Achieving the Double Bottom Line: A Framework for Corporations Seeking To Deliver Profits and Public Services, Lisa M. Fairfax
Achieving the Right Balance in Oversight of Physician Opioid Prescribing for Pain: The Role of State Medical Boards, Diane E. Hoffmann and Anita J. Tarzian
A Formstone of our Federalism: the Erie/Hanna Doctrine & Casebook Law Reform, Robert J. Condlin
An Eighteenth Century Second Amendment in a Twenty-First Century World: Moving Beyond Originalist Errors to Historical Insight, Saul Cornell
A New Kind of "Outrageous Misconduct": Effects to Undermine the Law's Ability to Deter and Punish Intentional and Outrageous Corporate Behavior, Candace Howard
An Integrated Perspective on the Collateral Consequences of Criminal Convictions and Reentry Issues Faced by Formerly Incarcerated Individuals, Michael Pinard
Apartheid Baltimore Style: The Residential Segregation Ordinances of 1910-1913, Garrett Power
A Perfect Storm: Mercury and the Bush Administration, Rena I. Steinzor and Lisa Heinzerling
A Perfect Storm: Mercury and the Bush Administration, Part II, Rena I. Steinzor and Lisa Heinzerling
A Perspective on the Free Speech Guarantee, Dean Alfange Jr.
A Place for "Thin" Interposition? What John Taylor of Carolene and the Embargo Crisis Have to Offer Regarding Resistance to the Bush Constitution, Bradley D. Hays
Architectural Digest for International Trade and Labor Law: Regional Free Trade Agreements and Minimum Criteria for Enforceable Social Clauses, Marley S. Weiss
Are Ethics Committee Members Competent to Consult?, Diane E. Hoffmann, Anita J. Tarzian, and J. Anne O'Neil
Are Rights Efficient? Challenging the Managerial Critique of Individual Rights, David A. Super
Around Juristocracy: The Reallocation of Judicial Authority in Preemption Doctrine, Daniel Gilman
Assessing Juristocracy: Are Judges Rulers or Agents?, George Lovell
Autonomy Suspended: Using Female Patients to Teach Intimate Exams without their Consent, Robin Fretwell Wilson
Baby M, the Surrogacy Contract, and the Health Care Professional: Unanswered Questions, Karen H. Rothenberg
Bargaining with a Hugger: The Weaknesses and Limitations of a Communitarian Conception of Legal Dispute Bargaining, or Why We Can't All Just Get Along, Robert J. Condlin
"Being Human": Cloning and the Challenges for Public Policy, Karen H. Rothenberg
Beyond Manicheanism: Assessing the New Constitutionalism, Lisa Hilbink
Book Review: Transitional Justice Comes of Age: Enduring Lessons and Challenges, Chandra Lekha Sriram
Breast Cancer, the Genetic "QuickFix," and the Jewish Community: Ethical, Legal, and Social Challenges, Karen H. Rothenberg
Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities, Ellen M. Weber
Bringing Small Business Development to Urban Neighborhoods, Robert E. Suggs
Bringing up Baby: Adoption, Marriage, and the Best Interests of the Child, Robin Fretwell Wilson and W. Bradford Wilcox
Broadening the Holistic Mindset: Incorporating Collateral Consequences and Reentry into Criminal Defense Lawyering, Michael Pinard
Brown at 50: Reconstructing Brown's Promise, Taunya Lovell Banks
Building the Judiciary: William Howard Taft and the Politics of Institutional Development, Justin Crowe
Business Combination Antitakeover Statutes, the Unintended Repudiation of the Internal Affairs Doctrine, and Constitutional Constraints on Choice of Law, Robert E. Suggs
Byrne v. Maryland Reality Co. and the Elimination of Aesthetic Zoning in Maryland, Robert James Burriesci
Calvert versus Carroll: The Quit-rent Controversy between Maryland's Founding Families, Garrett Power
Cancer Genetic Susceptibility Testing: Ethical and Policy Implications for Future Research and Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, and Caryn Lerman
Capital Requirements in United States Corporation Law, Richard A. Booth Marbury Research Professor of Law
Cause Lawyering and Social Movements: Can Solo and Small Firm Practitioners Anchor Social Movements?, Brenda Bratton Blom
Central Hudson’s Other Problem, Rebecca Tushnet
Choking BioShield: The Department of Homeland Security's Stranglehold on Biodefense Vaccine Development, Michael Greenberger
Coghlan v. Mayor & City Council of Baltimore: County Health Board Nuisance Suit Buys Time for Baltimore City to Handle Garbage Removal Crisis in 1921, Julia Marie Gontrum
Colloquium - Gender, Law and Health Care: New Perspectives for Teaching and Scholarship: The Role of Gender in Law and Health Care, Karen H. Rothenberg
Coming Soon to a Court Near You – Convicting the Unrepresented at the Bail Stage: an Autopsy of a State High Court’s Sua Sponte Rejection of Indigent Defendants’ Right to Counsel, Douglas L. Colbert
Comment: Removing Violent Parents from the Home: A Test Case for the Public Health Approach, Robin Fretwell Wilson
Confessions of a Flawed Liberal, Rebecca L. Brown
Congress in the "New Constitutional Order", Peter E. Quint
Connecting Theory and Reality: Teaching Gideon and Indigent Defendants' Non-Right to Counsel at Bail, Douglas L. Colbert
Consent to the Use of Stored DNA for Genetics Research: A Survey of Attitudes in the Jewish Population, Marc D. Schwartz, Karen H. Rothenberg, Linda Joseph, Judith Benkendorf, and Caryn Lerman
Constitutional Contortion? Making Unfettered War Powers Compatible with Limited Government, Gordon Silverstein
Constitutional Possibilities, Lawrence B. Solum
Constitutional Stare Decisis, Legal Formalism, and the Future of Unenumerated Rights, Lawrence Solum
Constitutional Theory Goes to Market, Mark A. Graber
Constitution Making in Fragile States, Karol Soltan
Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood and Racialized Identity in Seventheenth Century Colonial Virginia, Taunya Lovell Banks
"Defendant Veto" or "Totality of the Circumstances?": It's Time for the Supreme Court to Straighten Out the Personal Jurisdiction Standard Once Again, Robert J. Condlin
Defending the First Amendment from Antidiscrimination Laws, David E. Bernstein
Defining Dicta, Maxwell L. Stearns and Michael Abramowicz
Delegation and Legitimacy, Karol Soltan
Demystifying Social Welfare: Needs and Social Justice in the Evaluation of Democracies, Joe A. Oppenheimer
Did the Founding Fathers Do "A Heckuva Job"? Constitutional Authorization for the Use of Federal Troops to Prevent the Loss of a Major American City, Michael Greenberger
Direct Creditor Claims For Breach Of Fiduciary Duty: Is They Is, Or Is They Ain't?, Roger A. Lane
Director and Officer Liability When "Zone of Insolvency" Cases go to Trial, Carl E. Metzger and Brian H. Mukherjee
Directors' Duties in Failing Firms, Larry E. Ribstein and Kelli A. Alces
Directors' Duty to Creditors and Optimal Debt Contract, Simone M. Sepe
Does it Really Matter? Conservative Courts in a Conservative Era, Mark A. Graber
Doing Well While Doing Good: Reassessing the Scope of Directors' Fiduciary Obligations in For-Profit Corporations with Non-Shareholder Beneficiaries, Lisa M. Fairfax
Drafting Attorneys as Fiduciaries: Fashioning an Optimal Ethical Rule for Conflicts of Interest, Paula A. Monopoli
Dying in America - An Examination of Policies that Deter Adequate End-of-Life Care in Nursing Homes, Diane E. Hoffmann and Anita J. Tarzian
Emergency Care and Managed Care - A Dangerous Combination, Diane E. Hoffmann
Encouraging Moderation in State Policies on Collecting Food Stamp Claims, David A. Super
Enumeration and Other Constitutional Strategies for Protecting Rights: the View from 1787/1791, Mark A. Graber
Environmental Law in the Supreme Court: Highlights from the Blackmun Papers, Robert V. Percival
E Tax: The Flat Tax as an Electronic Credit VAT, Daniel S. Goldberg
Evaluating Ethics Committees: A View from the Outside, Diane E. Hoffmann
Evaluating Marriage: Does Marriage Matter to the Nurturing of Children?, Robin Fretwell Wilson
Executive Aggrandizement in Foreign Affairs Lawmaking, Michael P. Van Alstine
Executive Compensation, Corporate Governance, and the Partner-Manager, Richard A. Booth Marbury Research Professor of Law
False Conflict: Who's in Charge of National Public Health Catastrophes, Michael Greenberger
Federal Common Law in an Age of Treaties, Michael P. Van Alstine
Federal Regulation of Hospital Resident Work Hours: Enforcement with Real Teeth, Clark J. Lee
Feminism, Law, and Bioethics, Karen H. Rothenberg
Fiduciary Duties in Distressed Corporations: Second Generation Issues, Royce de R. Barondes
Fiduciary Duty, Contract, and Waiver in Partnerships and Limited Liability Companies, Richard A. Booth Marbury Research Professor of Law
Financial Exploitation of the Elderly, Diane E. Hoffmann and Roger Wolf
First Amendment Doctrine as Regime Politics, Howard Gillman
Foregoing Life-Sustaining Treatment: What are the Legal Limits in an Aging Society?, Karen H. Rothenberg
Formal Characteristics of National Constitutions: A Cross-National Historical Dataset, Tom Ginsburg and Zachary Elkins
Form and Function in Business Organizations, Richard A. Booth Marbury Research Professor of Law
Form over Substance?: Officer Certification and the Promise of Enhanced Personal Accountability under the Sarbanes-Oxley Act, Lisa M. Fairfax
Friends, Enemies and Speech, Scot Powe
FROM DEMOCRACY TO JURISTOCRACY? The Power of Judges: A Comparative Study of Courts and Democracy, Leslie Friedman Goldstein
From 'Just' To Just 'Decent'? Constitutional Transformations and the Reordering of the European Public Sphere, Cindy Skach
From Production Resources to Peoples Department Stores: A Similar Response by Delaware and Canadian Courts on the Fiduciary Duties of Directors to Creditors of Insolvent Companies, Pamela L.J. Huff and Russell C. Silberglied
Future Public Policy and Ethical Issues Facing the Agricultural and Microbial Genomics Sectors of the Biotechnology Industry, Diane E. Hoffmann and Lawrence M. Sung
Gap Filling in the Zone of Insolvency, Frederick Tung
Gender and Constitutional Design, Paula A. Monopoli
Gender Matters: Implications for Clinical Research and Women's Health Care, Karen H. Rothenberg
Genetic Information and Health Insurance: State Legislative Approaches, Karen H. Rothenberg
Genetic Information and the Workplace: Legislative Approaches and Policy Challenges, Karen H. Rothenberg, Barbara Fuller, Mark Rothstein, Troy Duster, Mary Jo Ellis Kahn, Rita Cunningham, Beth Fine, Kathy Hudson, Mary-Claire King, Patricia Murphy, Gary Swergold, and Francis Collins
Geographic Representation and the U.S. Congress, Frances E. Lee
George P. Reed v. Samuel Carusi: A Nineteenth Century Jury Trial Pursuant to the 1831 Copyright Act, Frank McCormick
Gestational Surrogacy and the Health Care Provider, Karen H. Rothenberg
Gestational Surrogacy and the Health Care Provider: Put Part of the "IVF Genie" Back Into the Bottle, Karen H. Rothenberg
Give Me Equity or Give Me Death - The Role of Competition and Compensation in Building Silicon Valley, Richard A. Booth
Going Private at the Intersection of the Market and the Law, Faith Stevelman Kahn
Governing the Globalization of Public Health, Allyn L. Taylor
How to Compensate Mutual Fund Investors for Late Trading and Market Timing, Richard A. Booth Marbury Research Professor of Law
Human Rights Claims vs. the State: Is Sovereignty Really Eroding?, Chandra Lekha Sriram
Improving Fairness and Accuracy in Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside the Fourth Amendment, Michael Greenberger
“Informal Thoughts: SCOTUS, Active Judicial Policy-Making, Uncertainity, and Pragmatism, Ira L. Strauber
In Re Turner (1867), Charles Olmsted
Introduction: The Right to Die After Cruzan, Diane E. Hoffmann
Is Criminal Justice a Casualty of the Bush Administration's War on Terror?, Michael Greenberger
It's Alive! The Persistence of the Constitution, Keith E. Whittington
Judicial Globalization in the Service of Self-Government, Martin S. Flaherty
Judicial Power and Mobilizable History, Richard Primus
Kentucky River at the Intersection of Professional and Supervisory Status: Fertile Delta or Bermuda Triangle?, Marley S. Weiss
Law and Letters: A Detailed Examination of David Hoffman's Life and Career, Bill Sleeman
Lawrence Summers at the NBER Conference: The Real Deal, Taunya Lovell Banks
Layers of the Past: The Enemy Combatant Cases, Peter E. Quint
Leading a Constitutional Court: Perspectives From the Federal Republic of Germany, Peter E. Quint
Legal Writing and Academic Support: Timing is Everything, Dionne L. Koller
Levinson and Constitutional Reform: Some Notes, Stephen M. Griffin
Liberalism at the Turn of the 21st Century: An Historical Perspective, Rebecca Roiphe
Liberalism in the Age of Terror: On Defining Our Barbarians, Maxwell O. Chibundu
Liberalism in the Twenty-First Century, David S. Bogen
Louis Hartz at 50: On the Varieties of Counterrevolutionary Experience in America, Corey Robin
Making Economic Sense Out of Unisex Life Insurance (Or the Difference Between Cost and Value and Why It Matters to Real People), Richard A. Booth Marbury Research Professor of Law
Market Share Liability Beyond DES Cases: The Solution to the Causation Dilemma in Lead Paint Litigation?, Donald G. Gifford and Paolo Pasicolan
Marriage, Biology, and Paternity: The Case for Revitalizing the Marital Presumption, Jana B. Singer
Mayor and City Council of Baltimore v. Baltimore and Philadelphia Steamboat Company, 65 A. 353, 104 Md. 485 (Dec. 19, 1906), Russell K. George
Meade v. Dennistone: The NAACP's Test Case to "...Sue Jim Crow Out of Maryland with the Fourteenth Amendment.", Garrett Power
Mediating Bioethical Disputes, Diane E. Hoffmann and Naomi Karp
Mediating Life and Death Decisions, Diane E. Hoffmann
Mestizaje and the Mexican Mestizo Self: No hay Sangre Negra, so there is no Blackness, Taunya Lovell Banks
Milberg Weiss: Dying of Shame, Theresa A. Gabaldon
Minimum Contacts in a Borderless World: Voice over Internet Protocol and the Coming Implosion of Personal Jurisdiction Theory, Danielle Keats Citron
Minority Discounts and Control Premiums in Appraisal Proceedings, Richard A. Booth Marbury Research Professor of Law
Mixed Governance in Corporate Law: The Dialectical Regulation of Rule 14a-8, Robert Ahdieh
Much Ado About Little? Directors' Fiduciary Duties in the Vicinity of Insolvency, Stephen M. Bainbridge
Myth and Reality: The Threat of Medical Malpractice Claims by Low Income Women, Karen H. Rothenberg
Narrow Originalism/Intentionalism, James E. Fleming
National Institutes of Health State-of-the-Science Conference Statement: Cesarean Delivery on Maternal Request, Karen H. Rothenberg
National Institutes of Health Workshop Statement. Reproductive Genetic Testing: Impact on Women, Karen H. Rothenberg and Elizabeth Thomson
Not a Living Room Sofa: Changing the Legal Status of Companion Animals, Susan J. Hankin
Not for Attribution: Government's Interest in Protecting the Integrity of its Own Expression, Helen L. Norton
Now You See It, Now You Don’t—NARA’s Response to Reclassification: a Summary with Commentary, Bill Sleeman
Of Textualism, Party Autonomy, and Good Faith, Michael P. Van Alstine
"Open Access," Legal Publishing, and Online Repositories, Pamela Bluh
Origins of the WHO Framework Convention on Tobacco Control, Allyn L. Taylor, Ruth Roemer, and Jean Lariviere
Out of Bounds: Judges, Legislators, and Europe’s Law, Noga Morag-Levine
Oy Canada! Trade's Non-solution to "the Problem" of U.S. Drug Prices, Daniel Gilman
Pain Management and Palliative Care in the Era of Managed Care: Issues for Health Insurers, Diane E. Hoffmann
Partner Notification and the Threat of Domestic Violence Against Women with HIV Infection, Karen H. Rothenberg and Richard L. North
Party Politics and Constitutional Change: The Political Origins of Liberal Judicial Activism, Howard Gillman
Poisoning the Well: Law & Economics and Racial Inequality, Robert E. Suggs
Political Development and the Origins of the "Living Constitution", Howard Gillman
Precursors of Rosa Parks: Maryland Transportation Cases Between the Civil War and the Beginning of World War I, David S. Bogen
Price, Property and Trade Across a Regulatory Border: Pharmaceuticals (Re)importation from Canada and Beyond , Daniel J. Gilman
Privacy in Genetics Research, Barbara Fuller, Mary Jo Ellis Kahn, P. A. Barr, L. Biesecker, E. Crowley, J. Garber, M. K. Mansoura, Patricia Murphy, J. Murray, J. Phillips, Karen H. Rothenberg, Mark Rothstein, J. Stopfer, Gary Swergold, B. Weber, Francis Collins, and Kathy Hudson
Protecting Protected Speech: First Amendment Taxonomy and the Food and Drug Administration's Regulation of "Enduring Materials", Daniel J. Gilman
Psychosocial, Legal, and Ethical Dimensions of Ultrasound Imaging in Pregnancy, Karen H. Rothenberg
Racial Discrimination in Business Transactions, Robert E. Suggs
Recent Developments in Delaware Corporate Law, R. Franklin Balotti
Recent Regulatory Developments Affecting Corporate Finance, John F. Olson
Recent Skirmishes in the Battle Over Corporate Voting and Governance, Brett H. McDonnell
Regulating Ethics Committees in Health Care Institutions - Is It Time?, Diane E. Hoffmann
Regulating Excessive Executive Compensation, Jerry W. Markham
Regulating Research With Decisionally Impaired Individuals: Are We Making Progress?, Diane E. Hoffmann, Jack Schwartz, and Evan G. DeRenzo
Removing Violent Parents from the Home: A Test Case for the Public Health Approach, Robin Fretwell Wilson
Reservoirs of Danger: The Evolution of Public and Private Law at the Dawn of the Information Age, Danielle Keats Citron
Reshaping Federal Jurisdiction: Congress's Latest Challenge to Judicial Review, Helen L. Norton
Resolving Political Questions into Judicial Questions: Tocqueville's Thesis Revisited, Mark A. Graber
Restraining the Judges, Gordon Silverstein
Rethinking Minority Business Development Strategies, Robert E. Suggs
Review Essay: Excuse Theory Through a Liberal Lens, Richard C. Boldt
Sarbanes-Oxley, Corporate Federalism, and the Declining Significance of Federal Reforms on State Director Independence Standards, Lisa M. Fairfax
Schmooze Thoughts: Towards Understanding the Merits of Juristocracy in Comparison with Other Political Institutions, Paul Frymer
September 11 and the Second Wave of Public Law Globalization: The New Legal Infrastructure of Anti-Constitutionalism, Kim Lane Scheppele
Sexually Predatory Parents and the Children in Their Care: Remove the Threat, Not the Child, Robin Fretwell Wilson
Sidestepping Lassiter on the Path to Civil Gideon: Civil Douglas, Steven D. Schwinn
Smoke, Not Fire, Neal Devins
Social Implications of Genetic Testing, Karen H. Rothenberg
Some Constitutional Reforms that America Needs but Are Not Likely to See Anytime Soon, Carol Nackenoff
Some Reflections on the Diversity of Corporate Boards: Women, People of Color, and the Unique Issues Associated with Women of Color, Lisa M. Fairfax
Something Old, Something New: The Challenge of Tuberculosis Control in the Age of AIDS, Karen H. Rothenberg and Elizabeth C. Lovoy
Spare the Rod, Spoil the Director? Revitalizing Directors' Fiduciary Duty Through Legal Liability, Lisa M. Fairfax
State Action in 2020, Mark Tushnet
States as Speakers, Kermit Roosevelt III
Stepping Through Grutter's Open Doors: What the University of Michigan Affirmative Action Cases Mean for Race-Conscious Government Decisionmaking, Helen L. Norton
Stockholders, Stakeholders, and Bagholders (or How Investor Diversification Affects Fiduciary Duty), Richard A. Booth Marbury Research Professor of Law
Survey of the Law of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds and Juliet M. Moringiello
Teaching Legal Research and Writing with Actual Legal Work: Extending Clinical Education into the First Year, Michael A. Millemann and Steven D. Schwinn
Testing Children for Genetic Predispositions: Is it in Their Best Interest?, Diane E. Hoffmann and Eric A. Wulfsberg
Texas Gulf Sulfur Revisited, Richard A. Booth
The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability and Compensation Policies in the Context of Pre-Event Vaccine Immunization Programs, Michael Greenberger
The Alfonse and Gaston of Governmental Response to National Public Health Emergencies: Lessons Learned from Hurricane Katrina for the Federal Government and the States, Michael Greenberger
The Biotechnology Revolution and its Regulatory Evolution, Diane E. Hoffmann
The Bottom Line on Board Diversity: A Cost-Benefit Analysis of the Business Rationales for Diversity on Corporate Boards, Lisa M. Fairfax
The Challenge to the Individual Causation Requirement in Mass Products Torts, Donald G. Gifford
The Constitution in Crisis, John Brigham
The Dangers of Directives or the False Security of Forms, Diane E. Hoffmann, Sheryl Itkin Zimmerman, and Catherine J. Tompkins
The Death of Causation: Mass Products Torts' Incomplete Incorporation of Social Welfare Principles, Donald G. Gifford
The Death of Good Faith in Treaty Jurisprudence and a Call for Resurrection, Michael P. Van Alstine
The Democratic Deficit in America, Sanford Levinson
The Direction of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor of Law, R. Franklin Balotti, David C. McBride, and Edward P. Welch
The Directors' Duty to the Creditors of a Financially Distressed Company: A Perspective from Across the Pond, Donna W. McKenzie Skene
The Duty to Creditors Reconsidered - Filling a Much Needed Gap in Corporation Law, Richard A. Booth
The End of Securities Fraud Class Action?, Richard A. Booth
The End of the Securities Fraud Class Action as We Know It, Richard A. Booth
The Fog of War: Checks and Balances and National Security Policy, Kenneth Ward
The Frictions of Federalism: The Rise and Fall of the Federal Common Law of Interstate Nuisance, Robert V. Percival
The Girl Who Cried Pain: A Bias Against Women in the Treatment of Pain, Diane E. Hoffmann and Anita J. Tarzian
The Great American Public, Mass Society, and the New Constitutional Order, Richard C. Boldt
The Guardianship Puzzle: Whatever Happened to Due Process?, Diane E. Hoffmann and Joan L. O'Sullivan
The Inevitability of Judgment, David S. Bogen
The Influence of Law and Lawyers on Patient Care, Diane E. Hoffmann
The International State of Emergency: Challenges to Constitutionalism after September 11, Kim Lane Scheppele
The Jacksonian Makings of the Taney Court, Mark A. Graber
The Jury Trial and Democratic Values: On the Twenty-First Century Incarnation of an Eighteenth Century Institution, Maxwell O. Chibundu
The Law's Response to Reproductive Genetic Testing: Questioning Assumptions about Choice, Causation and Control, Karen H. Rothenberg
The Limited Liability Company and the Search for a Bright Line Between Corporations and Partnerships, Richard A. Booth Marbury Research Professor of Law
The Market for Justice, the "Litigation Explosion," and the "Verdict Bubble:" a Closer Look at Vanishing Trials, Frederic N. Smalkin and Frederic N. C. Smalkin
The Market Participant Doctrine and the Clear Statement Rule, David S. Bogen
The Maryland Health Care Decisions Act: Achieving the Right Balance?, Diane E. Hoffmann
"The Most Extraordinarily Powerful Court of Law the World Has Ever Known"? - Judicial Review in the United States and Germany, Peter E. Quint
"The Most Extraordinarily Powerful Court of Law the World Has Ever Known"? - Judicial Review in the United States and Germany, Peter E. Quint
The Need for Closed Circuit Television in Mass Transit Systems, Michael Greenberger
The New Commerce Clause Doctrine in Game Theoretical Perspective, Maxwell L. Stearns
The New Constitutional Order and Globalization, Maxwell O. Chibundu
The Other in International Law: 'Community' and International Legal Order, Maxwell O. Chibundu
The Other Wartime Hysteria: Panic in the Halls of Reform, Ken I. Kersch
The Peculiar Challenges Posed by Latent Diseases Resulting from Mass Products, Donald G. Gifford
The People's Agent: Executive Branch Secrecy and Accountability in an Age of Terrorism, Sidney A. Shapiro and Rena I. Steinzor
The Policy Foundations of Delaware Corporate Law, Lawrence A. Hamermesh
The Political Constitution of Emergency Powers: Some Lessons from Hamdan, Mark Tushnet
The Political Tilt of "Juristocracy"?, Carol Nackenoff
The Practice of Law, Karen H. Rothenberg
The Process of Constitutional Change: From Partisan Entrenchment to the National Surveillance State, Jack M. Balkin and Sanford Levinson
ThePublic/Private Divide and Coherence in First Amendment Jurisprudence, Howard Schweber
The Right to Forego Life-Sustaining Treatment: Legal Trends and Emerging Issues, Karen H. Rothenberg
The Role of the Federal Government in Response to Catastrophic Health Emergencies: Lessons Learned from Hurricane Katrina, Michael Greenberger
The Sarbanes-Oxley Act as Confirmation of Recent Trends in Director and Officer Fiduciary Obligations, Lisa M. Fairfax
The Social Implications of the Use of Stored Tissue Samples: Context, Control, and Community, Karen H. Rothenberg
The Spectre of the Second Amendment: Re-reading the Slaughterhouse Cases (1873) and U.S. v. Cruikshank (1876) in light of the KKK Cases (1871-2), Leslie Friedman Goldstein
The Suitability Rule, Investor Diversification, And Using Spread to Measure Risk, Richard A. Booth Marbury Research Professor of Law
The Supreme Court and the Federalization of Corporate Law, Mark J. Loewenstein
The Thin Line Between Love and Hate: Why Affinity-Based Securities and Investment Fraud Constitutes a Hate Crime, Lisa M. Fairfax
The Threat of Smallpox: Eradicated But Not Erased: A Review of the Fiscal, Logistical and Legal Obstacles Impacting the Phase I Vaccination Program, Holly L. Myers, Elin Gursky, Georges C. Benjamin, Christopher Gozdor, and Michael Greenberger
The Transformation of the Fourteenth Amendment: Reflections from the Admission of Maryland's First Black Lawyers, David S. Bogen
The U.S. Consumption Tax: Evolution, Not Revolution, Daniel S. Goldberg
The U.S. Supreme Court and Minority Races, Leslie Friedman Goldstein
The Voting Rights Cases of 1937? The Adoption of Voting Machine Technology in Baltimore City, Andrew H. Robinson
Thou Shalt Not Kill as Defeasible Heuristic: Law and Economics and the Debate over Assisted Suicide, Daniel J. Gilman
Three Strikes and You're Outside the Constitution: Will the Guantanamo Bay Alien Detainees be Granted Fundamental Due Process?, Michael Greenberger
Title IX: Women, Athletics and the Law, Paula A. Monopoli
To Praise the AMT or to Bury It, Daniel S. Goldberg
Toward a Framework of Mutualism: The Jewish Community in Genetics Research, Karen H. Rothenberg and Amy B. Rutkin
Toward a More Expansive Welfare Devolution Debate, Steven Schwinn
Toward Flawlessness, Peter E. Quint
Toward Flawlessness, Peter E. Quint
Tushnet’s The New Constitutional Order, Ronald Kahn
Two "Colored" Women's Conversation about the Relevance of Feminist Law Journals in the Twenty-first Century, Taunya Lovell Banks and Penelope Andrews
Underlying Principles, Randy E. Barnett
Undeserved Trust: Reflections on the ALI's Treatment of De Facto Parents, Robin Fretwell Wilson
Using Spread and Net Trading Range to Measure Risk in Suitability Cases, Richard A. Booth
Using Tort Law to Secure Patient Dignity, Robin Fretwell Wilson
Virginia v. Black: Hard-core Hate Speech, Hard-core Porn and the First Amendment , Leslie Friedman Goldstein
What Hartz Didn't Understand about the "Liberal Tradition" Then, and Why It Matters for Understanding Law Now, Carol Nackenoff
What is a Twentieth Century Constitution?, Peter E. Quint
What's Good for the Goose? A Critical Essay on "Best Practices" for Private Firms , Jennifer Johnson
'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends for Christ's Sake' : The Complicated Relationship Between Lawyer and Client, Robert J. Condlin
What's So Bad About Paying Plaintiffs?, Bruce H. Kobayashi and Larry E. Ribstein
When Should Judges Admit or Compel Genetic Tests?, Diane E. Hoffmann and Karen H. Rothenberg
Who Are the Juristocrats? Guerrilla Warfare among the Courts, William L. Reynolds
Who Cares?: The Evolution of the Legal Duty to Provide Emergency Care, Karen H. Rothenberg
Who Decides Whether a Patient Lives or Dies?, Diane E. Hoffmann and Jack Schwartz
Who's Afraid of the Precautionary Principle?, Robert V. Percival
Whose Duty is it Anyway?: The Kennedy Krieger Opinion and its Implications for Public Health Research, Diane E. Hoffmann and Karen H. Rothenberg
Whose Ox Is Gored? Free Speech, the War on Terror, and the Indivisibility of Rights, Donald A. Downs
Who Should Recover What in a Securities Fraud Class Action?, Richard A. Booth Marbury Research Professor of Law
Why a Fiduciary Duty Shift to Creditors of Insolvent Business Entities is Incorrect as a Matter of Theory and Practice, J. William Callison
Why No "Liberalism" in the United States?, Rogers M. Smith
Why Pay a Fraud Plaintiff to Sue?, Richard A. Booth
Windfall Awards under PSLRA, Richard A. Booth Marbury Research Professor of Law
"With Friends Like These ...": Toward a More Efficacious Response to Affinity-Based Securities and Investment Fraud, Lisa M. Fairfax
Women of Childbearing Potential in Clinical Research: Perspectives on NIH Policy and Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, and Vivian W. Pinn
Wrong-Sizing International Justice? The Hybrid Tribunal in Sierra Leone, Chandra Lekha Sriram
Yes, Eighteenth Century Constitutionalism for the Twenty-First Century, George Thomas
Yes, Virginia: The President Can Deploy Federal Troops to Prevent the Loss of a Major American City from a Devastating Natural Catastrophe, Michael Greenberger
You Can't Ask (or Say) That: The First Amendment and Civil Rights Restrictions on Decisionmaker Speech, Helen L. Norton