Archive: 2009
Managing Migration Through Crime
“Duty-Defining Power” and the First Amendment’s Civil Domain
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By Timothy Zick
Response to: Daniel J. Solove & Neil M. Richards, Rethinking Free Speech and Civil Liability, 109 Colum. L. Rev. 1650 (2009).
On Macaws and Employer Liability: A Response to Professor Zatz
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By Tristin K. Green
Response to: Noah D. Zatz, Managing the Macaw: Third-Party Harassers, Accommodation, and the Disaggregation of Discriminatory Intent, 109 Colum. L. Rev. 1357 (2009).
A Short Reply to Professor Volokh
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By Darrell A.H. Miller
Response to: Eugene Volokh, The First and Second Amendments, 109 Colum. L. Rev. Sidebar 97 (2009).
The First and Second Amendments
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By Eugene Volokh
Response to: Darrell A.H. Miller, Guns as Smut: Defending the Homebound Second Amendment, 109 Colum. L. Rev. 1278 (2009).
Law, Statistics, and the Reference Class Problem
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By Edward K. Cheng
Preview of: Edward K. Cheng, A Practical Solution to the Reference Class Problem, 109 Colum. L. Rev. (forthcoming Dec. 2009).
Melendez-Diaz v. Massachusetts, Rodriguez v. City of Houston, and Remedial Rationing
A Closer Look at the Federalization Snowball
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By Abigail R. Moncrieff
Companion to: Abigail R. Moncrieff, Federalization Snowballs: The Need for National Action in Medical Malpractice Reform, 109 Colum. L. Rev. 844 (2009).
Should Juries Be the Guide for Adventures Through Apprendi-Land?
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By Douglas A. Berman
Response to: W. David Ball, Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment, 109 Colum. L. Rev. 893 (2009).
Tax Enforcement for Gamers: High Penalties or Strict Disclosure Rules?
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By Lawrence Zelenak
Response to: Alex Raskolnikov, Revealing Choices: Using Taxpayer Choice to Target Tax Enforcement, 109 Colum. L. Rev. 689 (2009).
Methodological Advances and Empirical Legal Scholarship: A Note on Cox and Miles’s Voting Rights Act Study
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By Nancy C. Staudt & Tyler J. VanderWeele
Response to: Adam B. Cox & Thomas J. Miles, Judging the Voting Rights Act, 108 Colum. L. Rev. 1 (2008).
Historical Practice and the Contemporary Debate Over Customary International Law
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By Ernest A. Young
Response to: Anthony J. Bellia, Jr. & Bradford R. Clark, The Federal Common Law of Nations, 109 Colum. L. Rev. 1 (2009).
Describing the Effect of Adaptation on Settlement
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By John Bronsteen, Christopher Buccafusco & Jonathan Masur
Response to: Peter H. Huang, Emotional Adaptation and Lawsuit Settlements, 108 Colum. L. Rev. Sidebar 50 (2008); Rick Swedloff, Accounting for Happiness in Civil Settlements, 108 Colum. L. Rev. Sidebar 39 (2008).
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Evaluating the Consequences of Calibrated Sentencing: A Response to Professor Kolber
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By Miriam H. Baer
Response to: Adam J. Kolber, The Subjective Experience of Punishment, 109 Colum. L. Rev. 182 (2009).
Retributivists Need Not and Should Not Endorse the Subjectivist Account of Punishment
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By Kenneth W. Simons
Response to: Adam J. Kolber, The Subjective Experience of Punishment, 109 Colum. L. Rev. 182 (2009).