Pages Show pages by: Title Date Author Directory of Book Schedules Directory of Book Schedules – December 2012 Directory of Book Schedules – January 2013 Directory of Book Schedules – November 2012 Directory of Book Schedules – October 2102 Production Schedule Sitemap Staffer Tracking Submissions Author Submissions Request an Expedited Review Submission Form The Review About The Review Alumni Current Masthead History Membership Selection Publishable Notes Program Announcements Symposium Archives Archived Issues Archived Mastheads Contact Back Issues Contact Information Permission Requests Subscriptions Current Issue Sidebar National Security Series Posts Show posts by: Title Date Author Category Tags “Deference” Is Too Confusing—Let’s Call Them “Chevron Space” and “Skidmore Weight” “Duty-Defining Power” and the First Amendment’s Civil Domain “Hot News”: The Enduring Myth of Property in News “Knowingly” Ignorant: Mens Rea Distribution in Federal Criminal Law After Flores-Figueroa “Recognizing Race” and the Elusive Ideal of Racial Neutrality “So Vast an Area of Legal Irresponsibility”? The Superior Orders Defense and Good Faith Reliance on Advice of Counsel Houston, We Have a Problem: Does the Second Amendment Create a Property Right to a Specific Firearm? McCulloch and the Thirteenth Amendment Melendez-Diaz v. Massachusetts, Rodriguez v. City of Houston, and Remedial Rationing Messerschmidt and Convergence in Action: A Reply to Comments on Trawling for Herring Rubin v. Eurofinance: Universal Bankruptcy Jurisdiction or a Comity of Errors? A Closer Look at the Federalization Snowball A Federal Baseline for the Right to Vote A Short Reply to Professor Volokh Access-to-Justice Analysis on a Due Process Platform Accounting for Happiness in Civil Settlements Administrative Law Agonistes An Offensive Weapon?: An Empirical Analysis of the “Sword” of State Sovereign Immunity in State-Owned Patents Announcing the Publication of 2L Notes Antitrust Immunity Up In Smoke: Preemption, State Action, And The Master Settlement Agreement Article III, Agency Adjudication, and the Origins of the Appellate Review Model of Administrative Law Bad Guys in Bankruptcy: Excluding Ponzi Schemes From the Stockbrocker Safe Harbor Bakalar v. Vavra and the Art of Conflicts Analysis in New York: Framing a Choice of Law Approach for Moveable Property Bargaining in the Shadow of the Debt Ceiling: When Negotiating over Spending and Tax Laws, Congress and the President Should Consider the Debt Ceiling a Dead Letter Becoming Supreme: The Federal Foundation of Judicial Supremacy Benefit Corporations: How to Enforce a Mandate to Promote the Public Interest Beyond “Perfection”: Can the Insights of Perfecting Criminal Markets Be Put to Practical Use? Blackboard Jungle: Delinquency, Desegregation, and the Cultural Politics of Brown Blitzing Brady: Should Section 4(A) Of The Norris-LaGuardia Act Shield Management From Injunctions in Labor Disputes? Bluebook Invitational Press Release Braiding: The Interaction of Formal and Informal Contracting in Theory, Practice, and Doctrine Bringing Order to the Skidmore Revival: A Response to Hickman & Krueger Building Capacity for the Transnational Regulation of Migration Challenging Detention: Why Immigrant Detainees Receive Less Process than “Enemy Combatants” and Why They Deserve More Charting a Course to State Action: Charter Schools and § 1983 Chevron as a Canon, Not a Precedent: An Empirical Study of What Motivates Justices in Agency Deference Cases Clarifying (or Is It Codifying?) The “Notably Abstruse”: Step Transactions, Economic Substance, and the Tax Code Class Actions All the Way Down Columbia Law Review Selects Notes for Publication 2012-13 Comment—CFTC v. Walsh: District Court Releases Funds Frozen in Civil Case to Pay for Attorney in Parallell Criminal Case Commercial Purpose as Constitutional Purpose: Reevaluating Asahi Through the Lens of International Patent Litigation Congratulations to the 2012-13 Administrative Board! Congratulations to the 2013-14 Columbia Law Review Administrative Board! Converging Trajectories: Interest Convergence, Justice Kennedy, and Jeannie Suk’s “The Trajectory of Trauma” Coordination Reconsidered Correct Diagnosis; Wrong Cure: A Response to Professor Suk Deciphering De Novo Determinations: Must District Courts Review Objections Not Raised Before a Magistrate Judge? Deference and Dialogue in Administrative Law Delegating to Enemies Delimiting Limitations: Does the Immigration and Nationality Act Impose a Statute of Limitations on Noncitizen Removal Proceedings? Deregulate but Still Disclose?: Disclosure Requirements for Ballot Question Advocacy After Citizens United v. FEC and Doe v. Reed Describing the Effect of Adaptation on Settlement Deterring Global Bribery: Where Public and Private Enforcement Collide Dialogue, Deferred and Differentiated Disentangling Administrative Searches Disregarding the Results: Examining the Ninth Circuit’s Heightened Section 2 “Intentional Discrimination” Standard in Farrakhan v. Gregoire Dividing Sovereignty in Tribal and Territorial Criminal Jurisdiction Do Judicial Elections Facilitate Popular Constitutionalism; Can They? Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, and Non-Self-Execution Documenting Discrimination? Does Five Equal Three? Reading the Takings Clause in Light of the Third Amendment’s Protection of Houses Due Process and “the Worst of the Worst”: Mental Competence in Sexually Violent Predator Civil Commitment Proceedings Due Process in Prison: Protecting Inmates’ Property After Sandin v. Conner Emotional Adaptation and Lawsuit Settlements Evaluating the Consequences of Calibrated Sentencing: A Response to Professor Kolber Fair Labor Fraud: The Peculiar Interplay of Civil RICO and the Federal Minimum Wage Act Fair Trespass Federal Protection, Paternalism, and the Virtually Forgotten Prohibition of Voluntary Peonage Federalism and Federal Agency Reform Federalism as a Safeguard of the Separation of Powers Filling the Gap? Non-Abrogation Provisions and the Assimilative Crimes Act Foreclosures and the Failure of the American Land Title Recording System Forum Non Conveniens and the Enforcement of Foreign Judgments Four Reservations on Civil Rights Reasoning By Analogy: The Case of Latinos and Other Nonblack Groups Future Selection Methods for Solving the Reference Class Problem: Comment on Edward K. Cheng, “A Practical Solution to the Reference Class Problem” Gender Discrimination and the Thirteenth Amendment Harnessing the Private Attorney General: Evidence from Qui Tam Litigation Historical Practice and the Contemporary Debate Over Customary International Law How to Choose the Least Unconstitutional Option: Lessons for the President (and Others) From the Debt Ceiling Standoff Impartial Patents In Defense of Big Waiver In Defense of Eminent Domain Institutional Advocacy, Constitutional Obligations, and Professional Responsibilities: Arguments for Government Lawyering Without Glasses Integrating Preliminary Agreements into the Interference Torts Into the Light of Day: Relevance of the Thirteenth Amendment to Contemporary Law James Ashley’s Thirteenth Amendment Judicial Backlash or Just Backlash? Evidence from a National Experiment Judicial Elections as Popular Constitutionalism Just Undercompensation: The Idiosyncratic Premium in Eminent Domain Labor Speech, Corporate Speech, and Political Speech: A Response to Professor Sachs Law, Statistics, and the Reference Class Problem Legal Guilt, Normative Innocence, and the Equitable Decision Not to Prosecute Lessons on Terrorism and “Mistaken Identity” from Oak Creek, with a Coda on the Boston Marathon Bombings Making a Regional District: Memphis City Schools Dissolves into its Suburbs Making Strange Bedfellows: Enlisting the Cooperation of Undocumented Employees in the Enforcement of Employer Sanctions Malpractice Mobs: Medical Dispute Resolution in China Managing Migration Through Crime Managing Moral Risk: The Case of Contract Marriage as Punishment Marriage as? A Reply to Marriage as Punishment Methodological Advances and Empirical Legal Scholarship: A Note on Cox and Miles’s Voting Rights Act Study Military Detention in the “War on Terrorism”: Normalizing the Exceptional After 9/11 Mirandizing Terrorists? An Empirical Analysis of the Public Safety Exception No Exit? Withdrawal Rights and the Law of Corporate Reorganizations Notes on Borrowing and Convergence Nullifying the Debt Ceiling Threat Once and for All: Why the President Should Embrace the Least Unconstitutional Option Objecting at the Altar: Why the Herring Good Faith Principle and the Harlow Qualified Immunity Doctrine Should Not Be Married Of Dialogue—and Democracy—in Administrative Law Of Speech and Sanctions: Toward a Penalty-Sensitive Approach to the First Amendment On Avoiding Avoidance, Agenda Control, and Related Matters On Macaws and Employer Liability: A Response to Professor Zatz On the Record: Why the Senate Should Have Access to Treaty Negotiating Documents Opening Doors to Fair Housing: Enforcing the Affirmatively Further Provision of the Fair Housing Act Through 42 U.S.C. § 1983 Originalism, Abortion, and the Thirteenth Amendment Partial Patents Patents on Legal Methods? No Way! Perfecting Criminal Markets Personal Sovereignty and Normative Power Skepticism Pluralism and Perfectionism in Private Law Preserving Political Speech From Ourselves and Others Profiling Originalism Reassessing the Citizen Virtues of Homeownership Recognizing Race Reconciliation After Winter: The Standard for Preliminary Injunctions in Federal Courts Reframing the Right: Using Theories of Intangible Property to Target Honest Services Fraud After Skilling Regulating Polygamy: Intimacy, Default Rules, and Bargaining for Equality Remaking the Mold: Pursuing Failure-to-Protect Claims Under State Constitutions via Analogous Bivens Actions Reply to Hasen and Matsusaka Resolving the Qualified Immunity Dilemma: Constitutional Tort Claims for Nominal Damages Response: Metaphor and Meaning in Trawling for Herring Rethinking Immigration Detention Rethinking the Laws of Good Faith Purchase Retributivists Need Not and Should Not Endorse the Subjectivist Account of Punishment Sexing Skinner: History and the Politics of the Right to Marry Sheep in Wolves’ Clothing: Removing Parens Patriae Suits Under the Class Action Fairness Act Should Juries Be the Guide for Adventures Through Apprendi-Land? Sodomy and Polygamy Some Pluralism About Pluralism: A Comment on Hanoch Dagan’s “Pluralism and Perfectionism in Private Law” Some Skepticism About the “Separable Preferences” Approach to the Single Subject Rule: A Comment on Cooter & Gilbert South Carolina’s “Evolutionary Process” Stare Decisis in the Office of Legal Counsel Stimulus and Civil Rights Stock Unloading and Banker Incentives Strategic Spillovers Subtraction by Addition?: The Thirteenth and Fourteenth Amendments Systemic Risk After Dodd-Frank: Contingent Capital and the Need for Regulatory Strategies Beyond Oversight Talk That Isn’t Cheap: Does the First Amendment Protect Credit Rating Agencies’ Faulty Methodologies from Regulation? Tax Enforcement for Gamers: High Penalties or Strict Disclosure Rules? Technological Innovation, International Competition, and the Challenges of International Income Taxation The “Foreign Private Adviser” Exemption: A Potential Gap in the New Systemic Risk Regulatory Architecture The Agency Class Action The Article II Safeguards of Federal Jurisdiction The Ascendancy of Associational Freedoms: Section 5 of the Voting Rights Act and Political Party Delegate Allocation The Best Available Technology Standard The Categorical Approach for Crimes Involving Moral Turpitude After Silva-Trevino The Cold Reality of the Ineffective Hot News Remedy, and the Case for Contract The Confusion of Fusion: Inconsistent Application of the Establishment Clause Nondelegation Rule in State Courts The Dangerous Thirteenth Amendment The Design of Agency Interactions The Economics—Conventional, Behavioral, and Political—of “Subsequent Remedial Measures” Evidence The End of al Qaeda? Rethinking the Legal End of the War on Terror The First and Second Amendments The Impact of Public Disclosure on Equity Dispositions by Corporate Managers The Implications of Disentanglement The Indefensible Duty to Defend The New Textualism and Normative Canons The Ninth Amendment as a Rule of Construction The One Percent Problem The Passive-Aggressive Virtues The Pitfalls of Professionalized Prosecution: A Response to Josh Bowers’s “Legal Guilt, Normative Innocence, and the Equitable Decision not to Prosecute” The Protection of “Hot News”: Putting Balganesh’s “Enduring Myth” About International News Service v. Associated Press in Perspective The Purpose-Driven Rule: Drew Peterson, Giles v. California, and the Transferred Intent Doctrine of Forfeiture by Wrongdoing The Stay Dilemma: Examining Brand and Generic Incentives for Delaying the Resolution of Pharmaceutical Patent Litigation The Supreme Court and the History of Reconstruction—And Vice-Versa The Supreme Court’s Accidental Revolution? The Test for Permanent Injunctions The Thirteenth Amendment and Pro-Equality Speech The Thirteenth Amendment and the Regulation of Custom The Thirteenth Amendment, the Power of Congress, and the Shifting Sources of Civil Rights Law The Trajectory of Trauma: Bodies and Minds of Abortion Discourse The Uncertain Future of “Hot News” Misappropriation After Barclays Capital v. Theflyonthewall.com The Unending Search for the Optimal Infringement Filter The Upside of Losing Thirteenth Amendment Optimism Time Waits for No Man—But Is Tolled for Certain Post-Judgment Motions: Federal Rule of Appellate Procedure 4(A) (4) and the Fate of Withdrawn Post-Judgment Motions Title VII Protections for Inmates: A Model Approach for Safeguarding Civil Rights in America’s Prisons Trade Secrets, Disclosure, and Dissent in a Fracturing Energy Revolution Transaction Consistency and the New Finance in Bankruptcy Transaction Simplicity Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence Unbinding the Bound: Reframing the Availability of Sentence Modifications for Offenders Who Entered into 11(c)(1)(C) Plea Agreements Unions, Corporations, and Political Opt-Out Rights After Citizens United What Happened in Iowa? What’s It to You? Citizen Challenges to Landmark Preservation Decisions and the Special Damage Requirements When Antitrust Met WTO: Why U.S. Courts Should Consider U.S.-China WTO Disputes in Deciding Antitrust Cases Involving Chinese Exports Whose Applicable Guideline Range Is It Anyway? Examining Whether Nominal Career Offenders Can Receive Sentence Modifications Based on Retroactive Reductions in the Crack Cocaine Guidelines Why Counting Votes Doesn’t Add Up: A Response to Cox and Miles’ Judging the Voting Rights Act
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