Vol. 94 Print Issues
94:1
Against Permititis: Why Voluntary Organizations Should Regulate the Use of Cancer Drugs, by Richard A. Epstein here
Reconfiguring Estate Settlement, by John H. Martin here
Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century?, by Gerard N. Magliocca here
Note: Credit Rating Agencies and the First Amendment: Applying Constitutional Journalistic Protections to Subprime Mortgage Litigation, by Theresa Nagy here
Note: In re the Welfare of Due Process, by Kristin K. Zinsmaster here
94:2
Counsel and Confrontation, by Todd E. Pettys here
Aggregating Probabilities Across Cases: Criminal Responsibility for Unspecified Offenses, by Alon Harel and Ariel Porat here
United States Competition Policy in Crisis: 1890-1955, by Herbert Hovenkamp here
Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, by Miriam A. Cherry and Jarrod Wong here
Note: From the Inside Out: Reforming State and Local Prostitution Enforcement to Combat Sex Trafficking in the United States and Abroad, by Moira Heiges here
Note: The Curious Case of Disparate Impact Under the ADEA: Reversing the Theory’s Development into Obsolescence, by R. Henry Pfutzenreuter IV here
Note: Between the Possible and the Probable: Defining the Plausibility Standard After Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, by Nicholas Tymoczko here
94:3
Corporate Control and the Need for Meaningful Board Accountability, by Michelle M. Harner here
American Trust Law in a Chinese Mirror, by Frances H. Foster here
Property Rhetoric and the Public Domain, by David Fagundes here
Hard v. Soft Law: Alternatives, Complements, and Antagonists in International Governance, by Gregory C. Shaffer and Mark A. Pollack here
Speaking of Silence: A Reply to Making Defendants Speak, by Donald P. Judges and Stephen J. Cribari here
Note: Litigating the Contours of Constitutionality: Harmonizing Equitable Principles and Constitutional Values when Considering Preliminary Injunctive Relief, by Ryan Griffin here
Note: Embryo Adoption: The Solution to an Ambiguous Intent Standard, by Molly Miller here
94:4
Identity Scripts & Democratic Deliberation, by Holning Lau here
Legislative Prayer and the Secret Costs of Religious Endorsements, by Christopher C. Lund here
From Exclusivity to Concurrence, by Mark D. Rosen here
Concepts, Categories, and Compliance in the Regulatory State, by Kristin E. Hickman and Claire A. Hill here
Note: Reconciling the Public Employee Speech Doctrine and Academic Speech After Garcetti v. Ceballos, by Darryn Cathryn Beckstrom here
Note: Deterring Fraud to Increase Public Confidence: Why Congress Should Allow Government Employees to File Qui TamLawsuits, by Barry M. Landy here
Note: The Protective Scope of the Fair Debt Collection Practice Act: Providing Mortgagors the Protection They Deserve from Abusive Foreclosure Practices, by Eric M. Marshall here
94:5
Foreword, by Nicole M. Murphy here
Google Book Search and the Future of Books in Cyberspace, by Pamela Samuelson here
Cybermarks, by Dan L. Burk here
The Implications for Law of User Innovation, by William W. Fisher III here
Mask, Shield, and Sword: Should the Journalist’s Privilege Protect the Identity of Anonymous Posters to News Media Websites?, by Jane E. Kirtley here
Probably Probable Cause: The Diminishing Importance of Justification Standards, by Paul Ohm here
Vagueness Challenges to the Computer Fraud and Abuse Act, by Orin S. Kerr here
Proportionality, Privacy, and Public Opinion: A Reply to Kerr and Swire, by Christopher Slobogin here
Note: Revising the Organizational Sentencing Guidelines to Eliminate the Focus on Compliance Programs and Cooperation in Determining Corporate Sentence Mitigation, by Lindsay K. Eastman here
Note: Born (Not So) Free: Legal Limits on the Practice of Unassisted Childbirth or Freebirthing in the United States, by Anna Hickman here
Note: The Voices of Victims: Debating the Appropriate Role of Fraud Victim Allocution Under the Crime Victims’ Rights Act, by Julie Kaster here
94:6
Regulating Insurance Sales or Selling Insurance?: Against Regulatory Competition in Insurance, by Daniel Schwarcz here
Constitutional Dictatorship: Its Dangers and Its Design, by Sanford Levinson and Jack M. Balkin here
Fiduciaries with Conflicting Obligations, by Steven L. Schwarcz here
Judicial Discipline and the Appearance of Impropriety: What the Public Sees Is What the Judge Gets, by Raymond J. McKoski here
Who’s Afraid of Law and the Emotions?, by Kathryn Abrams and Hila Keren here
Note: Challenging Peremptories: Suggested Reforms to the Jury Selection Process Using Minnesota as a Case Study, by Maisa Jean Frank here
Note: The Due Process Rights of Parents to Cross-Examine Guardians Ad Litem in Custody Disputes: The Reality and the Ideal, by Emily Gleiss here
Note: Federal Preemption and the Rating Agencies: Eliminating State Law Liability to Promote Quality Ratings, by Timothy M. Sullivan here