College of Law Faculty Scholarship
Submissions from 2011
Economists on Deregulation of the American Legal Profession: Praise and Critique, Benjamin H. Barton
Harry Potter Och Den Farliga Staten, Benjamin H. Barton
Judges, Lawyers, and a Predictive Theory of Legal Complexity, Benjamin H. Barton
It’s an ART not a Science: State-Mandated Insurance Coverage of Assisted Reproductive Technologies and Legal Implications for Gay and Unmarried Persons, Valarie K. Blake
Harmonization of Ethics Policies in Pediatric Research, Valarie K. Blake, Steve Joffe, and Eric Kodish
A Tribute to Bob Lloyd, Douglas A. Blaze
Defamation of Religion: Rumors of Its Death are Greatly Exaggerated, Robert Blitt
Russia’s 'Orthodox' Foreign Policy: The Growing Influence of the Russian Orthodox Church in Shaping Russia’s Policies Abroad, Robert Blitt
Whither Secular Bear: The Russian Orthodox Church’s Strengthening Influence on Russia's Domestic and Foreign Policy, Robert Blitt
Defamation of Religion: Rumors of Its Death are Greatly Exaggerated, Robert C. Blitt
Russia’s 'Orthodox' Foreign Policy: The Growing Influence of the Russian Orthodox Church in Shaping Russia’s Policies Abroad, Robert C. Blitt
The Bottom Up Journey of 'Defamation of Religion' from Muslim States to the United Nations: A Case Study of the Migration of Anti-Constitutional Ideas, Robert C. Blitt
Whither Secular Bear: The Russian Orthodox Church’s Strengthening Influence on Russia's Domestic and Foreign Policy, Robert C. Blitt
Effect of Road Segmentation on Highway Safety Analysis, Daniel Cook, Reginald Souleyrette, and Justin Jackson
A More Critical Use of Fairness Opinions as a Practical Approach to the Behavioral Economics of Mergers and Acquisitions, Joan MacLeod Heminway
Innovative Transactional Pedagogies, Joan MacLeod Heminway
Proceed at Your Peril: Crowdfunding and the Securities Act of 1933, Joan MacLeod Heminway
Sustaining Reform Efforts at the SEC: A Progress Report, Joan MacLeod Heminway
The Last Male Bastion: In Search of a Trojan Horse, Joan MacLeod Heminway
Body and Soul: Equality, Pregnancy, and the Unitary Right to Abortion, Jennifer S. Hendricks
Ending Erie's Third Phase: Why the Supreme Court Should Stop Freelancing and Go Back to Drawing Lines Between Substance and Procedure, Jennifer S. Hendricks
In Defense of the Substance-Procedure Dichotomy, Jennifer S. Hendricks
Of Woman Born? Technology, Relationship, and the Right to a Human Mother, Jennifer S. Hendricks
Renegotiating the Social Contract, Jennifer S. Hendricks
Teaching Values, Teaching Stereotypes: Sex Ed and Indoctrination in Public Schools, Jennifer S. Hendricks
To Lynch a Child: Bullying and Gender Non-Conformity in Our Nation's Schools, Michael J. Higdon
The Girl from Ipanema at Risk: Women’s Health and the Physical Environment, Becky Jacobs
Volunteers: The Power of Community Mediation, Becky Jacobs
I Can Has Lawyer? The Conflict Between the Participatory Culture of the Internet and the Legal Profession, Lucille A. Jewel
The Bramble Bush of Forking Paths: Digital Narrative, Procedural Rhetoric, and the Law, Lucille A. Jewel
You're Doing it Wrong: How the Anti-Law School Scam Blogging Movement Can Shape the Legal Profession, Lucille A. Jewel
Teaching Contract Drafting Using Real Contracts, Brian Krumm, Sharon Pocock, and Shelley Dunck
What Your Lender and Mortgage Broker Didn’t Tell You: , George W. Kuney
Bamboozled? Anatomy of a Bankruptcy: Baystate v. Bowers and its Aftermath, George W. Kuney
The Tax Man's Ethics: Four of the Hardest Ethical Questions for an IRS Lawyer, Michelle M. Kwon
Why Every Law Student Should Be A Gunner, Robert M. Lloyd
Employment Retaliation and the Accident of Text, Alex B. Long
The Freewheelin' Judiciary: A Bob Dylan Anthology, Alex B. Long
Crisis in the Mortgage Finance Market: The Nature of the Mortgage Loan and Regulatory Reform, Thomas E. Plank
Foreword: Divine Operating System?, Glenn Harlan Reynolds
How IDEA Fails Families Without Means: Causes and Corrections from the Frontlines of Special Education Lawyering, Dean Rivkin
Truancy Prosecutions of Students and the Right [To] Education, Dean Rivkin
Righting the Historical Record: A Case for Appellate Jurisdiction Over Appeals of Sentences for Reasonableness Under 28 U.S.C. § 1291, Briana Lynn Rosenbaum
Harming Business Clients with Zealous Advocacy: Rethinking the Attorney Advisor's Touchstone, Paula Schaefer
Transactional Lawyers and Inadvertent Disclosure, Paula Schaefer
American Constitutional Law, Otis Stephens
Crony Capitalism and Antitrust, Maurice Stucke
Reconsidering Competition, Maurice Stucke
Reconsidering Antitrust's Goals, Maurice E. Stucke
Reconsidering Competition, Maurice E. Stucke
Antitrust Review of the AT&T/T-Mobile Transaction, Maurice E. Stucke and Allen Grunes
Behavioral Antitrust, Maurice E. Stucke and Amanda P. Reeves
Antitrust Review of the AT&T/T-Mobile Transaction, Maurice Stucke and Allen Grunes
Why More Antitrust Immunity for the Media is a Bad Idea, Maurice Stucke and Allen Grunes
Behavioral Antitrust, Maurice Stucke and Amanda P. Reeves
Quieting Cognitive Bias with Standards for Witness Communications, Melanie Wilson
Submissions from 2010
How to Avoid the Constraints of Rule 10b-5(b): A First Circuit Guide for Underwriters, Eric Franklin Amarante
Governance, Accountability and the New Poverty Agenda, Wendy A. Bach
Against Civil Gideon (and for Pro Se Court Reform), Benjamin H. Barton
Against Civil Gideon (and for Pro Se Court Reform), Benjamin H. Barton
The Lawyer-Judge Hypothesis, Benjamin H. Barton
Private Oppression: How Laws That Protect Privacy Can Lead to Oppression, Teri Dobbins Baxter
One New President, One New Patriarch and a Generous Disregard for the Constitution: A Recipe for the Continuing Decline of Secular Russia, Robert C. Blitt
Should New Bills of Rights Address Emerging International Human Rights Norms? The Challenge of 'Defamation of Religion', Robert C. Blitt
Should New Bills of Rights Address Emerging International Human Rights Norms? The Challenge of “Defamation of Religion”, Robert C. Blitt
Atticus Finch: Christian or Civic Hero - A Response to Professor McMillian, Judy Cornett
Trick or Treat - Summary Judgment in Tennessee after Hannan v. Alltel Publishing Co., Judy Cornett
How the Rich Stay Rich: Using a Family Trust Company to Secure a Family Fortune, Iris Goodwin
Federal Interventions in Private Enterprise in the United States: Their Genesis in and Effects on Corporate Finance Instruments and Transactions, Joan MacLeod Heminway
Reframing and Reforming the Securities and Exchange Commission: Lessons from Literature on Change Leadership, Joan MacLeod Heminway
The Best of Times, the Worst of Times: Securities Regulation Scholarship and Teaching in the Global Financial Crisis, Joan MacLeod Heminway
Contingent Equal Protection: Reaching for Equality After Ricci and PICS, Jennifer S. Hendricks
Estate Planning for the Baby Boomer, Amy Morris Hess
Something Judicious this Way Comes... The Use of Foreshadowing as a Persuasive Device in Judicial Narrative, Michael J. Higdon
When the Case Gives You Lemons ... Using Negative Authority in Persuasive Legal Writing, Michael J. Higdon
Often Wrong, Never in Doubt: How Anti-Arbitration Expectancy Bias May Limit Access to Justice, Becky Jacobs
The Girl from Ipanema at Risk: Women's Health and the Physical Environment, Becky Jacobs
Through a Glass Darkly: Using Brain Science and Visual Rhetoric to Gain a Professional Perspective on Visual Advocacy, Lucille A. Jewel
Don't Mistake the Proxy for the Rule: Alter Ego Liability in Tennessee, George Kuney
Non-Debtor Releases and Travelers V. Bailey: A Circuit Split that is Likely to Remain, George Kuney
Vacating Chrysler, George Kuney
Whistling Dixie About the IRS Whistleblower Program Thanks to the IRC Confidentiality Restrictions, Michelle M. Kwon
Attorney Deceit Statutes: Promoting Professionalism Through Criminal Prosecutions and Treble Damages, Alex B. Long
Viva State Employment Law - State Law Retaliation Claims in a Post-Crawford/Burlington Northern World, Alex B. Long
Clinical Legal Education at a Generational Crossroads, Dean Rivkin
Decriminalizing Students with Disabilities, Dean Rivkin
The Future of Inadvertent Disclosure: The Lingering Need to Revise Professional Conduct Rules, Paula Schaefer
Commercial Leasing in China: An Overview, Gregory M. Stein
Private and Public Construction in Modern China, Gregory M. Stein
Antitrust 2025, Maurice Stucke
How Do (and Should) Competition Authorities Treat a Dominant Firm's Deception?, Maurice Stucke
Lessons from the Financial Crisis, Maurice Stucke
Money, Is That What I Want?: Competition Policy & the Role of Behavioral Economics, Maurice Stucke
When a Monopolist Deceives, Maurice Stucke