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The Legal Sufficiency Analysis of Genuine Battles of the Experts in Criminal Trials: The Unrealized Potential of the Supreme Court’s Landmark Decision in Jackson v. Virginia
Edward J. Imwinkelried
Non-Citizen Nationals: Neither Aliens Nor Citizens
Rose Cuison Villazor
Brief of Interested Law Professors as Amici Curiae Supporting Respondent in Direct Marketing Association v. Brohl
Darien Shanske, Dennis J.Ventry, Jr., et al
Social Innovation
Peter Lee
Racial Profiling in the 'War on Drugs' Meets the Immigration Removal Process: The Case of Moncrieffe v. Holder
Kevin R. Johnson
Should Arrestee DNA Databases Extend to Misdemeanors?
Elizabeth E. Joh
Evidence of a Third Party's Guilt of the Crime that the Accused is Charged with: The Constitutionalization of the SODDI (Some Other Dude Did It) Defense 2.0
Edward J. Imwinkelried
Can Human Embryonic Stem Cell Research Escape its Troubled History?
Lisa Chiyemi Ikemoto
Wills Law on the Ground
David Horton
Justifying a Revised Voting Rights Act: The Guarantee Clause and the Problem of Minority Rule
Gabriel J. Chin
Brand New World: Distinguishing Oneself in the Global Flow
Mario Biagioli, Anupam Chander, Madhavi Sunder
Reed v. Town of Gilbert: Signs of (Dis)Content?
Ashutosh Avinash Bhagwat
The Advent of the LLP in India
Afra Afsharipour
Corporate Social Responsibility in India
Afra Afsharipour, Shruti Rana
The Return of Noncongruent Equal Protection
Brian Soucek
Lessons from the Past for Assessing Energy Technologies for the Future
Albert Lin
Federalism and Family Status
Courtney G. Joslin
Formalism versus Pragmatism in Evidence: Reconsidering the Absolute Ban on the Use of Extrinsic Evidence to Prove Impeaching, Untruthful Acts that Have Not Resulted in a Conviction
Edward J. Imwinkelried
Constitutional Myopia: The Supreme Court's Blindness to Religious Liberty and Religious Equality Values in Town of Greece v. Galloway
Alan E. Brownstein
State-Level Carbon Taxes and the Dormant Commerce Clause: Can Formulary Apportionment Save the World?
Darien Shanske
Law Stretched Thin: Access to Justice in Rural America
Lisa R. Pruitt, Bradley Showman
Immigration in the Supreme Court, 2009-13: A New Era of Immigration Law Unexceptionalism
Kevin R. Johnson
Distinguishing Lay from Expert Opinion: The Need to Focus on the Epistemological Differences between the Reasoning Processes Used by Lay and Expert Witnesses
Edward J. Imwinkelried
Should the Mortgage Follow the Note?
John P. Hunt
In Partial Defense of Probate: Evidence from Alameda County, California
David Horton
Free Speech in Unfree Countries
Ashutosh Avinash Bhagwat
Realigning Parties
Debra Lyn Bassett, Rex Perschbacher
The Emergence of New Corporate Social Responsibility Regimes in China and India
Afra Afsharipour, Shruti Rana
The Feds are Already Here: The Federal Role in Municipal Debt Finance
Darien Shanske
Everybody in the Tent: Lessons from the Grassroots About Labor Organizing, Immigrants, and Temporary Worker Policies
Leticia M. Saucedo
Urbanormativity, Spatial Privilege, and Judicial Blind Spots in Abortion Law
Lisa R. Pruitt, Marta R, Vanegas
Acting White? Or Acting Affluent? A Book Review of Carbado & Gulati’s Acting White? Rethinking Race in 'Post-Racial' America
Lisa R. Pruitt
Design Patents: Law Without Design
Peter Lee, Madhavi Sunder
A Transparent Oversight Policy for Human Anatomical Specimen Management: The University of California, Davis Experience
Brandi Schmitt, Lisa Chiyemi Ikemoto, Frederick J. Meyers
Not Just Whistling Dixie: The Case for Tax Whistleblowers in the States
Dennis J. Ventry Jr.
Probability, Professionalism, and Protecting Taxpayers
Dennis J. Ventry Jr., Bradley T. Borden
Revitalizing Local Political Economy Through Modernizing the Property Tax
Darien Shanske
The Restatement of Gay(?)
Courtney G. Joslin, Lawrence C. Levine
Presumed Incompetent: Important Lessons for University Leaders on the Professional Lives of Women Faculty of Color
Maria Pabon Lopez, Kevin. R. Johnson
Sargon Enterprises V. U.S.C. - A Different Perspective
Edward J. Imwinkelried, David L. Faigman
Administering Section 2 of the VRA After Shelby County
Christopher S. Elmendorf, Douglas M. Spencer
Breaking the Web: Data Localization vs. the Global Internet
Anupam Chander, Uyen P. Le
Why the Affordable Care Act Authorizes Tax Credits on the Federal Exchanges
David Gamage, Darien Shanske
The Worst Test of Truth: The 'Marketplace of Ideas' as Faulty Metaphor
Thomas Wuil Joo
A Statute Overtaken by Time: The Need to Re-Interpret Federal Rule of Evidence 803(8)(a)(iii) Governing the Admissibility of Expert Opinions in Government Investigative Reports
Edward J. Imwinkelried
Vulnerability and Power in the Age of the Anthropocene
Angela P. Harris
Bridging the Divide: The Case for Harmonizing State and Federal Extraterritoriality Principles after Morrison and Kiobel
Katherine J. Florey
Town of Greece v. Galloway: Constitutional Challenges to State Sponsored Prayers at Local Government Meetings
Alan E. Brownstein
Producing Speech
Ashutosh Avinash Bhagwat
The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante
Donna Shestowsky
Perceptions of Justice: An International Perspective on Judges and Appearances
Rex Perschbacher, Debra Lyn Bassett
Can Initiatives Be Used to Regulate the Manner of Selecting Presidential Electors, and Can Initiative Proponents Defend in Federal Court?
Vikram D. Amar
Reconsidering and Improving Existing Tax Subsidies for Housing
Dennis J. Ventry, Jr.
Race and the Disappointing Right to Counsel
Gabriel J. Chin
Bias in the Legal System? An Essay on the Eligibility of Undocumented Immigrants to Practice Law
Kevin R. Johnson
Terrorism and Associations
Ashutosh Avinash Bhagwat
Mass Contracting and Democratic Legitimacy
David Horton
The Rural Lawscape: Space Tames Law Tames Space
Lisa R. Pruitt
Amicus Brief of Family and Child Welfare Law Professors on the Merits of United States v. Windsor
Courtney G. Joslin, Joan Heifetz, Katharine Baird Silbaugh
Lost in Space? Shortcuts and Spatial Voting in Low-Information Elections
Christopher S. Elmendorf, Cheryl Boudreau, Scott A. MacKenzie
Trade Secret and Human Freedom
Madhavi Sunder
Patents and the University
Peter Lee
Ignoring the Court's Order: The Automatic Stay in Immigration Detention Cases
Raha Jorjani
Wading into the Daubert Tide: Sargon Enterprises, Inc. v. University of Southern California
David L. Faigman, Edward J. Imwinkelried
Rebalancing Public and Private in the Law of Mortgage Transfer
John P. Hunt, Richard Stanton, Nancy Wallace
Are Ballot Titles Biased? Partisanship in California's Supervision of Direct Democracy
Christopher S. Elmendorf, Douglas M. Spencer
Protecting the Religious Liberty of Religious Institutions
Alan E. Brownstein
Anatomy of a Modern Day Lynching: The Relationship between Hate Crimes Against Latina/os and the Debate over Immigration Reform
Kevin R. Johnson and Joanna Cuevas Ingram
Liberty's Refuge or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Ashutosh Avinash Bhagwat
Section 5 of the Voting Rights Act and the 'Aggregate Powers' of Congress over Elections
Gabriel J. Chin
Does Geoengineering Present a Moral Hazard?
Albert Lin
The Gordian Knot of the Treatment of Secondhand Facts Under Federal Rule of Evidence 703 Governing the Admissibility of Expert Opinions: Another Conflict between Logic and Law
Edward J. Imwinkelried
Structural Racism, Workplace Discrimination, and the United States Supreme Court, 1971-1989
William M. Wiecek and Judy Hamilton
The New Civil Death: Rethinking Punishment in the Era of Mass Conviction
Gabriel J. Chin
Testation and Speech
David Horton
Protecting the Attorney-Client Privilege in Business Negotiations: Would the Application of the Subject-Matter Waiver Doctrine Really Drive Attorneys from the Bargaining Table?
Edward J. Imwinkelried
Judicial Remands of Immigration Cases: Lessons in Administrative Discretion from INS v. Cardoza-Fonseca
Kevin R. Johnson and Serena Faye Salinas
Abortion, Contraception and the ACA: The Realignment of Women’s Health
Lisa Chiyemi Ikemoto
A Shareholders’ Put Option: Counteracting the Acquirer Overpayment Problem
Afra Afsharipour
The Good, the Bad, and the Ugly
Lisa R. Pruitt
Justice Kennedy's Free Speech Jurisprudence: A Quantitative and Qualitative Analysis
Ashutosh Avinash Bhagwat and Matthew Struhar
Immigration and Civil Rights: Is the 'New' Birmingham the Same as the 'Old' Birmingham?
Kevin R. Johnson
The Epistemological Trend in the Evolution of the Law of Expert Testimony: A Scrutiny at Once Broader, Narrower, and Deeper
Edward J. Imwinkelried
Is Honesty the Best (Judicial) Policy in Affirmative Action Cases? Fisher v. University of Texas Gives the Court (Yet) Another Chance to Say Yes
Vikram D. Amar
An Issue of Life or Death
Madhavi Sunder
Introduction: Culture and Freedom
Madhavi Sunder
Facebookistan
Anupam Chander
Liberty's Refuge or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Ashutosh Avinash Bhagwat
The 'Ethical' Surplus of the War on Illegal Immigration
Leticia M. Saucedo; Francis Joseph Mootz III
The Need for Truly Systemic Analysis of Proposals for the Reform of Both Pretrial Practice and Evidentiary Rules: The Role of the Law of Unintended Consequences in 'Litigation' Reform
Edward J. Imwinkelried
The Fake Third Rail of Tax Reform
Dennis J. Ventry Jr.
Antiformalism at the Federal Circuit: The Jurisprudence of Chief Judge Rader
Peter Lee
CEDAW and Rural Development: Empowering Women with Law from the Top Down, Activism from the Bottom Up
Lisa R. Pruitt, Marta R. Vanegas
What If Chief Justice Fred Vinson Had Not Died of a Heart Attack in 1953?: Implications for Brown and Beyond
Carlton F.W. Larson
Informing Consent: Voter Ignorance, Political Parties, and Election Law
Christopher S. Elmendorf, David Schleicher
Sorrell v. IMS Health: Details, Detailing, and the Death of Privacy
Ashutosh Avinash Bhagwat
Sweet Home Alabama? Immigration and Civil Rights in the 'New' South
Kevin R. Johnson
The Golden Anniversary of the 'Preliminary Study of the Advisability and Feasibility of Developing Uniform Rules of Evidence for the Federal Courts': Mission Accomplished?
Edward J. Imwinkelried
The Case for Reforming Presidential Elections by Subconstitutional Means: The Electoral College, the National Popular Vote Compact, and Congressional Power
Vikram D. Amar
Reflections on the Doctrinal and Big-Picture Issues Raised by the Constitutional Challenges to the Patient Protection and Affordable Care Act (Obamacare)
Vikram D. Amar
The Validity of the 2010 Federal Rule of Civil Procedure 26 Amendment Governing the Waiver of Work Product Protection: Is the Work Product Doctrine an Evidentiary Privilege?
Edward J. Imwinkelried
Details: Specific Facts and the First Amendment
Ashutosh Avinash Bhagwat
Illegal Entry as Crime, Deportation as Punishment: Immigration Status and the Criminal Process
Gabriel J. Chin
Judge Michael Daly Hawkins, the Jury System, and American Democracy
Carlton F. W. Larson
Jasmine Revolutions
Anupam Chander
Americans Don’t Hate Taxes, They Hate Paying Taxes
Dennis J. Ventry Jr.
Searching for Harm: Same-Sex Marriage and the Well-Being of Children
Courtney G. Joslin
A Contrarian View of Copyright: Hip-Hop, Sampling, and Semiotic Democracy
Thomas Wuil Joo
Law Firm Risk Management in an Era of Breakups and Lawyer Mobility: Limitations and Opportunities
Robert W. Hillman
The Forgotten Constituency? Law School Deans and Students
Kevin R. Johnson
Revitalizing Section 2
Christopher S. Elmendorf
The Religion Clauses as Mutually Reinforcing Mandates: Why the Arguments for Rigorously Enforcing the Free Exercise Clause and Establishment Clause are Stronger When Both Clauses are Taken Seriously
Alan E. Brownstein
A Brief Overview of Corporate Governance Reforms in India
Afra Afsharipour
The End of the Era of Proxies
Edward J. Imwinkelried
The Geography of the Class Culture Wars
Lisa R. Pruitt
Deconstructing CEDAW’s Article 14: Naming and Explaining Rural Difference
Lisa R. Pruitt
Border-Crossing Stories and Masculinities
Leticia M. Saucedo
The Accession Insight and Patent Infringement Remedies
Peter Lee
Substantive Claim Construction as a Patent Scope Lever
Peter Lee
Human Rights and Development for India’s Rural Remnant: A Capabilities-Based Assessment
Lisa R. Pruitt
The Importance of Student and Faculty Diversity at Law Schools: One Dean’s Perspective
Kevin R. Johnson
Book Review: Quest for Equality: The Failed Promise of Black-Brown Solidarity
Kevin R. Johnson
Naming Baby: The Constitutional Dimensions of Parental Naming Rights
Carlton F. W. Larson
Bollywood/Hollywood
Madhavi Sunder
The Dangerous Trend Blurring the Distinction between a Reasonable Expectation of Confidentiality in Privilege Law and a Reasonable Expectation of Privacy in Fourth Amendment Jurisprudence
Edward J. Imwinkelried
Gays, Jews, and Other Strangers in a Strange Land: The Case for Reciprocal Accommodation of Religious Liberty and the Right of Same-Sex Couples to Marry
Alan E. Brownstein
Gays, Jews, and Other Strangers in a Strange Land: The Case for Reciprocal Accommodation of Religious Liberty and the Right of Same-Sex Couples to Marry
Alan E. Brownstein
Pictures within Pictures
Keith Aoki
The Dangerous Trend Blurring the Distinction between a Reasonable Expectation of Confidentiality in Privilege Law and a Reasonable Expectation of Privacy in Fourth Amendment Jurisprudence
Edward J. Imwinkelried
Reviewing Associational Freedom Claims in a Limited Public Forum: An Extension of the Distinction between Debate Dampening and Debate Distorting State Action
Alan Brownstein and Vikram Amar
Welcome to Amerizona - Immigrants Out!: Assessing “Dystopian Dreams” and “Usable Futures” of Immigration Reform, and Considering Whether “Immigration Regionalism” is an Idea Whose Time Has Come
Keith Aoki
A Case Study of Color-Blindness: the Racially Disparate Impacts of Arizona’s SB 1070 and the Failure of Comprehensive Immigration Reform
Kevin R. Johnson
Serendipitous Timing: The Coincidental Emergence of the New Brain Science and the Advent of an Epistemological Approach to Determining the Admissibility of Expert Testimony
Edward J. Imwinkelried
Protecting Children (?): Marriage, Gender, and Assisted Reproductive Technology
Courtney G. Joslin
Intuit’s Nine Lies Kill State E-Filing Programs and Keep ‘Free’ File Alive
Dennis J. Ventry Jr.
Too Close to Home: Disallowing the Charitable Deduction for Transfers that Benefit Donors and Their Family, Friends and Neighbors
Shannon Weeks McCormack
Technology Assessment 2.0: Revamping Our Approach to Emerging Technologies
Albert Lin
The Admissibility of Prosecution Evidence that the Defense Had the Opportunity to Retest the Physical Evidence that Was Analyzed by a Government Expert
Edward J. Imwinkelried, Rockne P. Harmon
Portraits of Women at Nuremberg
Diane Marie Amann
The Promise and Challenges of India's Corporate Governance Reforms
Afra Afsharipour
Critical Corporate Law, Colorblind Constitutional Law
Anupam Chander
Recent Developments in Federal Income Taxation: The Year 2009
Daniel L. Simmons, Ira B. Shepard, Martin J. McMahon, Jr.
Charitable Waste: Consideration of a 'Waste Not, Want Not' Tax
Evelyn A. Lewis
Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines
Courtney G. Joslin
Googling Freedom
Anupam Chander
Justice Deserts: Spatial Inequality and Local Funding of Indigent Defense
Lisa R. Pruitt and Beth A. Colgan
The Application of the Attorney-Client Privilege to Interactions Among Clients, Attorneys, and Experts in the Age of Consultants: The Need for a More Precise, Fundamental Analysis
Edward Imwinkelried and Andrew Amoroso
John Paul Stevens and Equally Impartial Government
Diane Marie Amann
Review of 'Intellectual Property and Theories of Justice'
Madhavi Sunder
Global Warming and the Management-Centered Corporation
Thomas Joo
Theories and Models of Corporate Governance
Thomas Joo
Clearing Credit Default Swaps: A Case Study in Global Legal Convergence
Anupam Chander and Randall Costa
3/22/2010
Integrating the Financial Crisis in the Business Associations Course: Benefits and Pitfalls
Afra Afsharipour
Transforming the Allocation of Deal Risk Through Reverse Termination Fees
Afra Afsharipour
How You Gonna‘ Keep Her Down on the Farm . . .
Lisa R. Pruitt
Patent Law and the Two Cultures
Peter Lee
Legal Regulation of Pregnancy and Childbirth
Courtney G. Joslin
Ten Guiding Principles for Truly Comprehensive Immigration Reform: A Blueprint
Kevin R. Johnson
Canine DNA
Edward J. Imwinkelreid
International Trade and Internet Freedom
Anupam Chander
The Accidental Deduction: A History and Critique of the Tax Subsidy for Mortgage Interest
Dennis J. Ventry Jr.
The Evolution of the American Family
Courtney G. Joslin
The Second Coming of Res Gestae: A Procedural Approach to Untangling the 'Inextricably Intertwined' Theory for Admitting Evidence of an Accused’s Uncharged Misconduct
Edward J. Imwinkelreid
Institutional Racism, ICE Raids, and Immigration Reform
Bill Ong Hing
Empirical Legitimacy and Election Law
Christopher S. Elmendorf
Narrative, Myth and Morality in Corporate Legal Theory
Thomas Joo
Roundtable
Fenwick & West Symposium
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