Issues | Southern California Interdisciplinary Law Journal (ILJ)

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FORTHCOMING

ARTICLES

THE FORGOTTEN SAFEGUARD: CONGRESS’S PROCEDURAL RULES AS “CHECKS AND BALANCES” IN AMERICAN POLITICS
Stephen M. Maurer
LAW’S HORIZONS
Sungjoon Cho

NOTES

SWORD OR SHIELD? § 230 OF THE CDA, RACIAL CAPITALISM, AND THE RISE OF FAR-RIGHT EXTREMISM ON SOCIAL MEDIA
Maryam Nazir
GRASS V. TURF: ANALYZING THE CURRENT LEGAL LANDSCAPE SURROUNDING ARTIFICIAL TURF-RELATED INJURIES IN THE NFL
Michelle Meyer

FORTHCOMING

Articles

FEDERAL FLOOD POLICY & MALADAPTATION: A STORY OF COLLECTIVE FORGETTING
Sarah J. Adams
THE LANGUAGE GAMES OF DENIED AUTHORSHIP TO GENERATIVE AI
Mira Moldawer
CONSENT OR NO CONSENT? LEGALITY OF CONSENT TO SEXUAL INTERCOURSE IN PAKISTAN, MALAYSIA AND AUSTRALIA: REFORMING THE LAW TO PROTECT THE UNPROTECTED
S.M. Solaiman

Notes

SOCIAL MEDIA SURVEILLANCE AND GANG DATABASES: NYPD’S EVOLVING FORM OF POLICE SUPPRESSION AND CONTROL OF MARGINALIZED POPULATIONS
Priyal Thakral
THE CONTRADICTORY CORPORATE CONCEPT: A METAPHORICAL ANALYSIS OF THE CORPORATE BODY Noah Kim

Articles

WORKPLACE ACCOMMODATIONS FOR TRANSGENDER PERSONS
Alex Reed
ANTITRUST FOR THE COMMON GOOD
John S. Ehrett
THE LIMITS OF IMMIGRANT RESILIENCE
Huyen Pham, Natalie C. Cook, Ernesto F. L. Amaral, Raymond Robertson & Suojin Wang

Notes

Articles

THE FLUCTUATING VISIBILITY OF EVERYDAY ATROCITY VIOLENCE IN KHMER ROUGE-ERA CAMBODIA Randle C. DeFalco & Savina Sirik
SUICIDE BY COURT? THE ROLE OF ADVISORY COUNSEL IN ASSISTING COURTS TO DETERMINE A DEFENDANT'S COMPETENCE TO PROCEED PRO SE Amin R. Yacoub & Becky Briggs
THE CRIMINOGENIC EFFECTS OF DAMAGING CRIMINAL LAW'S MORAL CREDIBILITY Paul H. Robinson & Lindsay Holcomb

Notes

DIGITAL DRAGNETS: HOW THE FOURTH AMENDMENT SHOULD BE INTERPRETED AND APPLIED TO GEOFENCE WARRANTS Esteban De La Torre
EQUITABLE MOOTNESS IN THE SECOND CIRCUIT Tiffany Chang
ENGENDERING EQUALITY: DERIVATIVE CITIZENSHIP AND THE MORAL READING Rebecca Lei
THE MODERN SECOND AMENDMENT: A PROGRESSIVE APPROACH TO LIMITING INDIVIDUAL RIGHTS UNDER THE SECOND AMENDMENT Pitrina Gilger

Articles

IT'S NOT HEADS OR TAILS: SHOULD SCOTUS HAVE AN EVEN OR ODD NUMBER OF JUSTICES?
Michael Miller & Samuel A. Thumma
MAPPING THE DIVERSITY OF THOUGHT-AN ATTITUDE THEORY OF CONTRACT LAW
Ori Katz
JUROR CERTAINTY ABOUT EXPERT FIREARMS IDENTIFICATION EVIDENCE AND THE IMPACT OF CROSS-EXAMINATION
Paraic Scanlon, Boglarka Banyai, Ellis Hart, & Sarah L. Cooper

Notes

BURNING DOWN THE HOUSE: ANALYZING CALIFORNIA'S INVERSE CONDEMNATION STRICT LIABILITY RULE FOR UTILITY-CAUSED WILDFIRES
Ariel Jacoby
PROPOSITION 22 AND THE FIGHT TO PREVENT PLATORM WORKERS FROM MISCLASSIFICATION AND EXPLOITATION
David Gobel
A ROCK AND A HARD PLACE: WHY REQUIRING CORPORATIONS TO ADD WOMEN TO BOARDS IS THE BEST OPTION
Lindsey Sporrer and Robin Kowalski
THE DIFFICULTIES FACING CALIFORNIA'S AND NEW YORK'S WEALTH TAX PROPOSALS
Ari Mandell

Articles

THE EVOLVING CHARACTER OF PUBLIC DEFENSE: COMPARING CRIMINAL CASE PROCESSING EFFECTIVENESS AND OUTCOMES ACROSS HOLISTIC PUBLIC DEFENSE, TRADITIONAL PUBLIC DEFENSE, AND PRIVATELY RETAINED COUNSEL
Brian J. Ostrom and Jordan Bowman
THE ECONOMICS OF SUBSIDIES TO RURAL NETWORKS: IMPLICATION FOR BROADBAND IN THE UNITED STATES
Steve G. Parson and James Stegman
CRYPTOCURRENCY AND THE STATE: AN UNHOLY ALLIANCE
Lee Reiners
EDUCATIONAL OPPORTUNITY AND THE LIMITS OF LEGAL OBLIGATION
R. George Wright

Notes

PRESCRIBING MEDICATION THROUGH THE PRACTICE OF TELEMEDICINE: A COMPARATIVE ANALYSIS OF FEDERAL AND STATE ONLINE PRESCRIBING POLICIES, AND POLICY CONSIDERATIONS FOR THE FUTURE
Ryan K. Gorman
ADJUDICATE OR LEGISLATE: THE GREAT DATA BREACH STANDING CIRCUIT SPLIT
Ioannis Koutsodendris
AN INCOMPLETE HISTORY OF EXCLUSION: MODERN AND CONTEMPORARY BLACK ART AND THE U.S. ART MUSEUM
Tiffany Li
PUTTING CHILD SUPPORT ON ICE: EVALUATING ARIZONA'S NOVEL APPROACH UNDER ARIZONA REVISED STATUTE SECTION 25-318.03
Madeleine Messinger
VACCINATION ALTERCATION: THE CONSTITUTIONALITY OF MANDATORY INFLUENZA VACCINATION FOR STUDENTS
Miranda Wheeler

Articles

WHAT'S WITH FORMALISM? AN EMPIRICAL STUDY OF VARIOUS PREDICTORS AND PROFILES OF SUPREME COURT RHETORIC
Michael Alberstein, Limor Gabay-Egozi, and Bryna Bogoch
FRAGILE IMMIGRATION LEGALITY COLLAPSES IN THE TRUMP ERA
Jillian Blake
SOCIAL JUSTICE / CRIMINAL JUSTICE: ASSESING THE LEGITIMACY OF STATE-IMPOSED PUNISHMENT
William C. Heffernan
ORAL ARGUMENT IN THE TIME OF COVID: THE CHIEF PLAYS CALVINBALL
Tonja Jacobi, Timothy R. Johnson, Eve M. Ringsmuth, and Matthew Sag
EPISTEMIC TWILIGHT ZONE OF CONSENT
Ruthy Lowenstein Lazar
THE CASE FOR MORATORIA ON INTERCOUNTRY ADOPTION
David M. Smolin

Notes

Articles

INTERPERSONAL TRUST AND CONTRACT THEORY REDUX
Leon Andijar
TAMING THE PAPER TIGER: DETERRING CHINESE ECONOMIC CYBER ESPIONAGE AND REMEDIATING DAMAGE TO U.S. INTERESTS CAUSED BY SUCH ATTACKS
Grant Frazier & Mark Frazier
ENTREPRENEURIAL RISK: MARIJUANA, COMPLIANCE, AND THE SOCIAL CONSTRUCTION OF LAW AND MARKETS
Daniel T. Ostas
RACISM, INCORPORATED: RAMOS V. LOUISIANA AND JOGGING WHILE BLACK
Victor C. Romero
THE BIOETHICS OF PERSONAL INJURY: RETHINKING THE MATRIX OF BODY, DISABILITY, AND GENDER IN THE CASE OF ISRAELI PERSONAL INJURY CLAIMS RELATING TO SEX-DEFINING ORGANS
Adi Youcht

Notes

FIXING THE PIG IN THE SNAKE PROBLEM WITH FAMILY-FRIENDLY POLICIES
Emily Bratt
GERRYMANDERING AND THE MEANDERING OF OUR DEMOCRATIC PRINCIPLES: COMBATING PARTISAN GERRYMANDERING AFTER RUCHO
Chris Esposito
PATERNALISM AND THE MORAL JUSTIFICATIONS FOR THE E-CIGARETTE FLAVOR BAN
Steven Friedland
REFRAMING WELFARE IN LIGHT OF ADAM SMITH'S VIEW OF IRREGULAR SENTIMENTS
Chandler Nahigian

Articles

FROM BIGOTRY TO BAN: THE IDEOLOGICAL ORIGINS AND DEVASTATING HARMS OF THE MUSLIM AND AFRICAN BANS
Kristin Garrity & Emily Crnkovich
IS THE SUPREME COURT IRRATIONAL: TRUMP V. HAWAII
Brian L. Owsley
REFLECTING UPON THE IMPACT OF THE UNITED STATES' 2016 ELECTION AND TRAVEL BAN: WHY MIGHT FEWER FOREIGN BUSINESSPEOPLE, TOURISTS, STUDENTS, AND RELATIVES BE VISITING THE UNITED STATES?
Jacob Thomas

Notes

Articles

ETHICS OF LEGAL ASTUTENESS: BARRING CLASS ACTIONS THROUGH ARBITRATION CLAUSES
Colleen M. Baker & Daniel T. Ostas
BIG BROTHER, OTHELLO, AND DOGS THAT DON'T BARK: THE USE OF LITERARY ALLUSION IN FEDERAL APPELLATE OPINIONS
Kristin B. Gerdy Kyle
PUBLIC PERCEPTIONS OF CORPORATE CRIMINAL SANCTIONS: AN EMPIRICAL STUDY OF THE REPUTATIONAL IMPACT OF CORPORATE CRIMINAL MISCONDUCT
Matthew D. Kim

Notes

THE IMPACT OF CARPENTER V. UNITED STATES ON DIGITAL AGE TECHNOLOGIES
Aparna Bhattacharya
LEGAL RETALIATION TO INNOVATION: HOW EXISTING INDUSTRIES GREET NEW TECHNOLOGICAL DEVELOPMENTS WITH LITIGATION AND HINDER INDUSTRY SUCCESS IN THE PROCESS
Alexandra Howerton
BACK TO THE GRIND: RETHINKING GRINDR'S ACCOUNTABILITY FOR USER CONTENT
Julie Kvedar

Articles

REINVENTING CREDIT DATA SHARING REGULATION PERSPECTIVE
Leon Yehuda Anidjar & Inbar Mizrahi-Borohovich
TWO CLASSIFICATIONS ENTER, ONE CLASSIFICATION LEAVES: ARE UFC FIGHTERS EMPLOYEES OR INDEPENDENT CONTRACTORS?
Michael Conklin
THE PARALLEL HEAD TAXES OF MARGARET THATCHER AND BARACK OBAMA: ECONOMICS AS MORALITY AND ITS POPULIST REJECTION
Joshua Cutler
ELDERCARING COORDINATION: A DISPUTE RESOLUTION OPTION FOR HIGH CONFLICT ELDER DISPUTES IN CALIFORNIA
Sarah J. Gross

Notes

LAND USE CONTROLS TO MITIGATE ENVIRONMENTAL AND PUBLIC HEALTH HARMS CAUSED BY CONCENTRATED ANIMAL FEEDING OPERATIONS
Nicole Gilliland
ELIMINATING PEER-ON-PEER SEXUAL HARASSMENT: WHY STATE STATUTES ARE NOT THE ANSWER
Teresa Greider
INDENTURE TRUSTEES' DUTIES UNDER THE TRUST INDENTURE ACT IN THE FIRST, SECOND, AND THIRD CIRCUITS
David Javidzad

Articles

HAZING IN THE UNITED STATES MILITARY: A PSYCHOLOGY AND LAW PERSPECTIVE
Gregory S. Parks and Jasmine Burgess
GENES, MEMES, LANGUAGE, AND NANOMACHINES: A NANOSCALE APPROACH TO REFUGEE AND IMMIGRATION LAW
Andrei Twibell

Notes

Articles

SILENCE AND THE SECOND WALL
Ming H. Chen and Zachary New
THE MYTHOLOGY OF SANCTUARY CITIES
Kit Johnson
NOT IN MY BACKYARD: HOW STATES AND LOCALITIES USE CIVIL RESISTANCE TACTICS TO PROTECT IMMIGRANT COMMUNITIES
Kevin J. Fandl
INVESTIGATING AND (NOT) DISCIPLINING VIOLATIONS OF SANCTUARY CITY LAWS
Peter Mancina
WELCOMING CITIES, WELCOMING POLICIES? IMMIGRATION POLICYMAKING AND IMMIGRANT RENEWAL STRATEGIES IN THE RUST BELT
Emily A. Shrider

Notes

Articles

TORTS AS SYSTEMS
Alan Calnan
REGULATION AND THE SEPARATION OF POWERS
Ariel Bendor & Sharon Yadin
HISTORICAL CONTINGENCY AND THE LIMITS OF IDENTITY:IMPLICATIONS FOR LAW AND POLICY
Nancy J. Knauer
CREATING LAWS FOR ECONOMIC GROWTH IN A HYBRID ISLAMIC LEGAL SYSTEM
Maliheh Zare

Notes

THE VARIABILITY OF SCHIZOPHRENIA AND ITS EFFECTS ON PROCREATIONAL AUTONOMY
Alisa Balderas
PROLIFERATION OF CYBERWARFARE UNDER INTERNATIONAL LAW:VIRTUAL ATTACKS WITH CONCRETE CONSEQUENCES
Maxwell Montgomery
HUMAN GERMLINE GENE EDITING: ENGINEERING AN UNSTOPPABLE TRAIN
Wesley W. Chen

Articles

ATTAINING OLYMPUS: A CRITICAL ANALYSIS OF PERFORMANCE-ENHANCING DRUG LAW AND POLICY FOR THE 21ST CENTURY
Alexandra M. Franco
PRIMARY RIGHTS
Curtis E.A. Karnow
SHOW ME THE MONEY: AN EMPIRICAL ANALYSIS OF INTEREST GROUP OPPOSITION TO FEDERAL COURTS OF APPEALS NOMINEES
Donald E. Campbell & Marcus E. Hendershot
NEXT GENERATION LAW: DATA-DRIVEN GOVERNANCE AND ACCOUNTABILITY-BASED REGULATORY SYSTEMS IN THE WEST, AND SOCIAL CREDIT REGIMES IN CHINA
Larry Catá Backer

Notes

Articles

SILENCE AND THE SECOND WALL
Ming H. Chen and Zachary New
THE MYTHOLOGY OF SANCTUARY CITIES
Kit Johnson
NOT IN MY BACKYARD: HOW STATES AND LOCALITIES USE CIVIL RESISTANCE TACTICS TO PROTECT IMMIGRANT COMMUNITIES
Kevin J. Fandl
INVESTIGATING AND (NOT) DISCIPLINING VIOLATIONS OF SANCTUARY CITY LAWS
Peter Mancina
WELCOMING CITIES, WELCOMING POLICIES? IMMIGRATION POLICYMAKING AND IMMIGRANT RENEWAL STRATEGIES IN THE RUST BELT
Emily A. Shrider

Notes

Articles

TORTS AS SYSTEMS
Alan Calnan
REGULATION AND THE SEPARATION OF POWERS
Ariel Bendor & Sharon Yadin
HISTORICAL CONTINGENCY AND THE LIMITS OF IDENTITY:IMPLICATIONS FOR LAW AND POLICY
Nancy J. Knauer
CREATING LAWS FOR ECONOMIC GROWTH IN A HYBRID ISLAMIC LEGAL SYSTEM
Maliheh Zare

Notes

THE VARIABILITY OF SCHIZOPHRENIA AND ITS EFFECTS ON PROCREATIONAL AUTONOMY
Alisa Balderas
PROLIFERATION OF CYBERWARFARE UNDER INTERNATIONAL LAW:VIRTUAL ATTACKS WITH CONCRETE CONSEQUENCES
Maxwell Montgomery
HUMAN GERMLINE GENE EDITING: ENGINEERING AN UNSTOPPABLE TRAIN
Wesley W. Chen

Articles

BEYOND JURISPRUDENCE
Alan Calnan
TRUMP, TWITTER, AND THE RUSSIANS: THE GROWING OBSOLESCENCE OF FEDERAL CAMPAIGN FINANCE LAW
Anthony J. Gaughan
THE DANISH QUESTION, THE MAILMAN, AND JUSTICE SCALIA: EXAMINING THE GROUP PLAY TIEBREAKER RULES
Ilhyung Lee
THE CELLULOID ADVOCATE: THE EVOLUTION OF THE TWENTIETH CENTURY CINEMATIC LAWYER
Patrick Trey Brady
SOLITARY CONFINEMENT OF MENTALLY ILL PRISONERS: A NATIONAL OVERVIEW & HOW THE ADA CAN BE LEVERAGED TO ENCOURAGE BEST PRACTICES
Ashley Halvorsen
COLONIZING THE FINAL FRONTIER: WHY SPACE EXPLORATION BEYOND LOW-EARTH ORBIT IS CENTRAL TO U.S. FOREIGN POLICY, AND THE LEGAL CHALLENGES IT MAY POSE
Kate E. Lee

Articles

STATE OF CONFUSION: A NONPROFIT'S RIGHT TO WITHHOLD DONOR INFORMATION FROM STATE REGULATORS
BENJAMIN W. AKINS
INSTITUTIONAL CORRUPTION REVISITED: EXPLORING OPEN QUESTIONS WITHIN THE INSTITUTIONAL CORRUPTION LITERATURE
ELINOR AMIT, JONATHAN KORALNIK, ANN-CHRISTIN POSTEN, MIRIAM MUETHEL, AND LAWRENCE LESSIG
NUDGING VIRTUE
KIRAN IYER
PICKING AT MORALS: ANALYTICAL JURISPRUDENCE IN THE AGE OF NATURALIZED ETHICS
ALINA NG BOYTE
BITCOIN IN THE DARK WEB: A SHADOW OVER BANKING SECRECY AND A CALL FOR GLOBAL RESPONSE
FIAMMETTA PIAZZA
THE STATE OF WAR & THE LIMITS OF DETENTION
JOSHUA SNUKAL

Notes

Articles

INTRODUCTION: BEATING MENTAL ILLNESS SYMPOSIUM
CAMILLE GEAR RICH & ELYN R. SAKS
DISABILITY IN PRISON
PETER BLANCK
BEATING MENTAL ILLNESS: CRISIS INTERVENTION TEAM TRAINING AND LAW ENFORCEMENT RESPONSE TRENDS
CHARLES DEMPSEY
DEINSTITUTIONALIZATION, CRIMINALIZATION OF MENTAL ILLNESS, AND THE PRINCIPLE OF THERAPEUTIC JURISPRUDENCE
RISDON N. SLATE, PH.D.

Notes

Articles

COMPARISON EXCLUDING COMMITMENTS: INCOMMENSURABILITY, ADJUDICATION, AND THE UNNOTICED EXAMPLE OF TRADE DISPUTES
SUNGJOON CHO AND RICHARD WARNER
THE HOUSE STRIKES BACK: THE OBAMACARE SAGA AND AMERICAN DEMOCRACY IN THE ERA OF HOUSE V. BURWELL
ALEXANDRA M. FRANCO
CRIMINAL DEFENDANTS HAVE A DUE PROCESS RIGHT TO AN EXPERT ON EYEWITNESS RELIABILITY: WHY THE COURT WAS WRONG IN PERRY V. NEW HAMPSHIRE(2012)
MARGARET A. HAGEN & SOU HEE (SOPHIE) YANG
RIDE-SHARING-COMPANY DRIVERS: EMPLOYEES OR INDEPENDENT CONTRACTORS?
CHAD G. KUNSMAN
WHAT'S IN AN AGE? CONSIDER THE NEUROSCIENCE DIMENSION OF JUVENILE LAW
KHUSHBOO SHAH
THE TALE OF THE SILVER FOX: THE CO-EVOLUTION OF PROPERTY RIGHTS AND CONTRACTUAL ARRANGEMENTS IN LIMITED LIABILITY COMPANIES
LÉCIA VICENTE

Notes

ARE WE DOOMED?: THE CURRENT STATE OF FEDERAL ELECTION REGULATION
REBECCA HOFFMAN
GLOBAL TRADE, CONTROL OF THE SEA, AND THE U.S. & CHINA: THE TENSIONS BETWEEN ECONOMIC AND SECURITY POLICIES
JOHN STANLEY
MOVING THE NEEDLE: A CALL TO CHANGE AGE RESTRICTIONS IN AMERICAN PHYSICIAN-ASSISTED SUICIDE LAWS
ADAM STILLMAN

Articles

Conceptualizing Inchoate Complicity: The Normative and Doctrinal Case for Lesser Offenses as an Alternative to Complicity Liability
Dennis J. Baker
Vergara v. State of California: The End of Teacher Tenure or a Flawed Ruling?
Todd A. DeMitchell and Joseph J. Onosko
The Struggle to Achieve the Human Right to Health Care in the United States
Mariah McGill and Gillian MacNaughton

Notes

Shifting Winds in the East: A Legal Analysis and Case Comparison of the Diaoyu/Senkaku Island Dispute
Phoebe Gan
How Research Into the Human Microbiome Can be Used to Solve Crimes
Kyle Nothern
The Online Archive: Fair Use and Digital Reproductions of Copyrighted Works
Bryan Oberle

Articles

Reclaiming the Welfare Queen: Feminist and Critical Race Theory Alternatives to Existing Anti-Poverty Discourse
Camille Gear Rich
Welfare Queens and White Trash
Lisa R. Pruitt
Soccer Moms, Welfare Queens, Waitress Moms, and Super Moms: Myths of Motherhood in State Media Coverage of Child Care During the "Welfare Reforms" of the 1990's
Laurel Parker West
Black Citizenship Through Marriage? Reflections on the Moynihan Report at Fifty
R.A. Lenhardt
Welfare Queens Redux: Criminalizing Black Mothers in the Age of Neoliberalism
Ann Cammett
Reconsidering Criminal Background Checks: Race, Gender, and Redemption
Kimani Paul-Emile

Notes

Us vs. Them: The Militarization of American Law Enforcement and the Psychological Effect on Police Officers & Civilians
Joseph B. Doherty
The Hyde Amendment: Perpetuating Injustice and Discrimination After Thirty-Nine Years
Alyssa Engstrom
Monsters, Myths, and Mental Illness: A Two-Step Approach to Reducing Gun Violence in the United States
Alyssa Dale O'Donnell

Articles

Intercultural Legal Sensibility as Transformation
Raquel Aldana
What the Frack? How Weak Industrial Disclosure Rules Prevent Public Understanding of Chemical Practices and Toxic Politics
Benjamin W. Cramer
Postcolonial Constitutionalism in India: Complexities & Contradictions
Vrinda Narain
Bad Math: How Non-Union Employees are Unconstitutionally Compelled to Subsidize Political Speech
Shirley V. Svorny and Melanie Stallings Williams

Notes

Articles

The Theory of Law "As Claim" and the Inquiry Into the Sources of Law: Bruno Leoni in Prospect
Daniele Bertolini
Race Matters: Why Justice Scalia and Justice Thomas (and the Rest of the Bench) Believe that Affirmative Action is Constitutional
Khiara M. Bridges
Plane Meaning and Thought: Real-World Semantics and Fictions of Originalism
Harold Anthony Lloyd

Notes

Articles

Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States
Shawn Marie Boyne
The "Deeply Toxic" Damage Caused by the Abolition of Mandatory Retirement and it's Collision with Tenure in Higher Education: A Proposal for Statutory Repair
Beverley Earle and Marianne DelPo Kulow
Is it Time for the Court to Accept the O.F.F.E.R.? Applying Smith v. Organization of Foster Families for Equality and Reform to Promote Clarity, Consistency, and Federalism in the World of DeFacto Parenthood
Steven W. Fitschen and Eric A. DeGroff

Notes

Minimizing Subtle Racism in the Workplace
James Anthony Becerra
The State Giveth and the State Taketh Away: Patent Rights under the Bayh-Dole Act
Vanessa Bell
Sexting Education: An Educational Approach to Solving the Media Fueled Sexting Dilemma
Jessica Sabbah-Mani

Articles

Notes

Articles

Notes

Articles

Fringes of Free Expression: Testing the Meaning of "Speech" Amid Shifting Cultural Mores & Changing Technologies Clay Calvert
A Parent's Child and the State's Future Citizen: Judicial and Legislative Responses to the Tension Over the Right to Direct an Education Todd A. DeMitchell & Joseph J. Onosko
Proportionality in War: Protecting Soldiers from Enemy Captivity, and Israel's Operation Cast Lead-"The Soldiers are Everyone's Children Ziv Bohrer and Mark Osiel

Notes

Articles

Paternalism and Psychic Taxes: The Government's Use of Negative Emotions to Save Us From Ourselves Gary M. Lucas Jr.
Latif v. Obama: The Epistemology of Intelligence Information and Legal Evidence Richard Morgan
Revolutionary Lawyering? On Lawyers' Social Responsibilities During a Democratic Revolution Yaniv Roznai

Notes

Managing Sovereign Debt: A More Long-Term Debt-Restructuring Solution Stephan Airapetian
Thawing Public Participation: Modeling the Chilling Effect of Strategic Lawsuits Against Public Participation and Minimizing its Impact Timothy D. Biche
Twenty-Five Words or Less: How Hollywood's Pitch Process Has Changed the Law of Idea Protection Rebecca Girolamo
Academic Freedom and the First Amendment in the Garcetti Era Hilary Habib

Articles

Notes

Ballpark Beat-Downs: A New Framework to Protect Fans Michael Campbell
Filling a Nonexistent Gap: Benefit Corporations and the Myth of Shareholder Wealth Maximization Jessica Chu
The National Defense Authorization Act and the Unbound Authority to Detain: A Call to Congress Kate Hammond

Articles

All Born to Freedom? Comparing the Law and Politics of Race and the Memory of Slavery in the U.S. and France Today Ariela J. Gross
Soldiers at Sea: The Legal and Policy Implications of Using Military Security Teams James W. Harlow

Notes

Articles

The Theology of Civil Disobedience: The First Amendment, Freedom Riders and Passage of the Voting Rights Act Jonathan C. Augustine
Free Speech in the Suburban and Exurban Frontier: Shopping Malls, Subdivisions, New Urbanism, and the First Amendment Wayne Batchis

Notes

Articles

How Much Does a Belief Cost?: Revisiting the Marketplace of Ideas Gregory Brazeal
Franz Kafka, Lawrence Joseph, and the Possibilities of Jurisprudential Literature Patrick J. Glen
Just a Joke: Defamatory Humor and Incongruity's Promise Laura E. Little

Notes

Articles

The World of Deadwood: Property Rights and the Search for Human Identity Michael B. Kent, Jr.Lance McMillian
The Pedagogy of Violence Yxta Maya Murray

Notes

Articles

The Promise and Paradox of Max Weber's Legal Sociology: The "Categories of Legal Thought" as Types of Meaningful Action and the Persistence of the Problem of Judicial Legislation Faisal Chaudhry
Law in High Heels: Performativity, alterity, and Aesthetics Monica Lopez Lerma
The Impulsive Subject and the Realist Lens: Law and Consumer Culture in Fritz Lang's Fury Ticien Marie Sassoubre

Notes

Let Them Sell Art: Why a Broader Deaccession Policy Today May Save Museums Tomorrow Jorja Ackers Cirigliana
Paying for the Graying: How California Can More Effectively Manage Its Growing Elderly Inmate Population Heather Habes
Groupthink and Corporate Governance Reform: Changing the Formal and Informal Decisionmaking Processes of Corporate Boards Andrew Howard
What Artworks May Come (To a Museum Near You): The State of Fractional Charitable Giving at the Intersection of Museology and Tax Policy Catherine A. Karayan

Taking Oz Seriously: A Symposium on Law & Literature

Introduction
Anthony Paul Farley

Author Biographies

Magic

Home is Where the Law is: A Humbug Reading of the Wizard of Oz
Maria Aristodemou
No Witch is a Bad Witch: A Commentary on the Erasure of Matilda Joslyn Gage
Zanita E. Fenton
Teaching Metaphors
Phyllis Goldfarb
L'Oz
Emily Albrink Hartigan

Capital

Conferring with the Flowers: History and Class Consciousness in L. Frank Baum's Land of Oz, A General Theory of Magic and Law
Anthony Paul Farley
Feasts of Oz: Class, Food, and the Rise of Global Capitalism
Bekah Mandell
From Slavery to Prison in Rinkitink in Oz
Josephine Ross
Articles of Ornament and Bric-a-Brac: A Commentary on Diversity Initiatives
Geiza Vargas-Vargas

Difference

"To the Stars Through Difficulties": The Legal Construction of Private Space and The Wizard of Oz
Donna E. Young
Trauma, Creativity, and Unconscious Confessions: The Lost Childhood History Behind L. Frank Baum's The Wonderful Wizard of Oz
Reginald Leamon Robinson
Valuing Difference, Exercising Care in Oz: The Shaggy Man's Welcome
Athena D. Mutua

Articles

The Regulation of Structured Debts: Why? What? And How?
C.Y. Cyrus Chu
The Changing Face of the Congressional Black Caucus
Kareem Crayton
Corporations That Weren't: The Taxation of Firm Profits in Historical Perspective
Richard Winchester

Notes

Articles

A Biological Basis of Rights
Edwin Fruehwald
Through a Glass Darkly: Using Brain Science and Visual Rhetoric to Gain a Professional Perspective on Visual Advocacy
Lucille A. Jewel
The Epistemology of the Financial Crisis: Complexity, Causation, Law, and Judgment
Jeffrey M. Lipshaw

Notes

Articles

Prime Time Saviors: The West Wing and the Cultivation of a Unilateral American Responsibility to Protect
Amar Khoday
Reinterpreting Chinese Property Law
Qinglan Long
The Tragedy of the Commons: The Case of the Blue Crab
Carl Tobias

Notes

Articles

Can State Health Reform Initiatives Achieve Universal Coverage? California's Recent Failed Experiment
Susan A. Channick
From Diploma Mills to For-Profit Colleges and Universities: Business Opportunities, Regulatory Challenges, and Consumer Responsibility in Higher Education
Amanda Harmon Cooley Aaron Cooley
Finding Another Link in the Chain: International Treaties and Devolution to Local Law Enforcement in the Case of the Convention on the International Trade in Endangered Species
Jonathan Liljeblad
The Modern First Amendment and Copyright Law
Blake Covington Norvell
Closing off the Torture Option
Wayne Sandholtz
Law as Story: A Civic Concept of Law (with Constitutional Illustrations)
Palma Joy Strand

Notes

Unwarranted Skepticism: The Federal Courts' Treatment of Child Sexual Abuse Accommodation Syndrome
Margaret H. Shiu
Unjust and Ineffective: A Critical Look at California's STEP Act
Sara Lynn Van Hofwegen
Adapting to Adaptive Reuse: Comments and Concerns about the Impacts of a Growing Phenomenon
Matthew A. Young

Articles

When the Lawyer Knows the Client Is Guilty: Client Confessions in Legal Ethics, Popular Culture, and Literature
Michael Asimow and Richard Weisberg
How Embedded Knowledge Structures Affect Judicial Decision Making: A Rhetorical Analysis of Metaphor, Narrative, and Imagination in Child Custody Disputes
Linda L. Berger
The First Amendment Implications of Facebook, MySpace,and Other Online Activity of Students in Public High Schools
Brandon James Hoover
Securities Laws in Soap Operas and Telenovelas: Are All My Children Engaged in Securities Fraud?
Elena Marty-Nelson

Notes

Entertainment or Exploitation?: Reality Television and the Inadequate Protection of Child Participants under the Law
Christopher C. Cianci
360° Deals: An Industry Reaction to the Devaluation of Recorded Music
Sara Karubian
Title XI and the "E-mail Survey" Exception: Missing the Goal
Katherine B. Woliver

Articles

Congressional War Powers, the Commander in Chief and Senator John McCain
Jeremy L. Bowling, Richard D. Caldwell, Ryan C. Hendrickson, John S. Morris
Do Supreme Court Nominees Lie? The Politics of Adjudication
Stephen M. Feldman
Implementing Environmental Law in Transitional Settings: The Chinese Experience
Roda Mushkat
Unexceptional, for Once: Austerity and Food Rationing in Israel—1939-1959
Guy Seidman

Notes

Articles

The Classical Constitution: Roman Republican Origins of the Habeas Suspension Clause
David J. Bederman
The Production of Law (and Cinema): Preliminary Comments on an Emerging Discourse
Amnon Reichman

Notes

Articles

Notes

Articles

Links and Choices: Popular Legal Culture in the Work of Lawrence M. Friedman
Jo Carrillo
The Deconstruction and Reification of Law in Franz Kafka's "Before the Law" and The Trial
Patrick J. Glen
Responding to the Model Penal Code Sentencing Revisions: Tips for Early Adopters and Power Users
Judge Michael H. Marcus

Notes

Articles

Tolerance in an Age of Terror
Martha Minow
The Law of Historical Films: In the Aftermath of Jenin, Jenin
Daphne Barak-Erez

Notes

Native American Federal Campaign Contributions: Rules, Risks, and Remedies
Mary Beth Maloney

Commentary

Cannibal Holocaust: Digesting and Re-digesting Law and Film
Ed Morgan

Articles

The Ethical Struggle of Usurping Juvenile Client Autonomy by Raising Competency in Delinquency and Criminal Cases
David R. Katner
New Differences Between Negligence and Strict Liability and Their Implications on Medical Malpractice Reform
Noam Sher
A Cultural Legal Study on the Transformation of Family Law in Taiwan
Shu-chin Grace Kuo

Notes

Articles

Moral Limits on Morals Legislation: Lessons for U.S. Constitutional Law from the Declaration on Religious Freedom
Gregory Kalscheur, S.J.
Formal Versus Informal Allocation of Land in a Commons: The Case of the MacArthur Park Sidewalk Vendors
Gregg W. Kettles

Articles

Mestizaje and the Mexican Mestizo Self: No Hay Sangre Negra, So There is No Blackness Taunya Lovell Banks
Law and the Fabric of the Everyday: The Settlement Houses, Sociological Jurisprudence, and the Gendering of Urban Legal Culture Felice Batlan
Lawrence, Mill, and Same-Sex Relationships: On Values, Valuing, and the Constitution Mark Strasser

Articles

Notes

You're Fired!, The Voters' Version of "The Apprentice": An Analysis of Local Recall Elections in California
Rachel Weinstein
Accelerating Corporate Governance Reform in Thailand: The Benefits of Private Reform Mechanisms
Nisha Kanchanapoomi

Articles

Genocide and the Eroticization of Death: Law, Violence and Moral Purity
Tawia Ansah
Towards an Establishment Clause Theory of Race-Based Allocation: Administering Race-Conscious Financial Aid After Grutterand Zelman
Maurice R. Dyson
Strange Brew: Method and Form in Electoral Speech Jurisprudence
Brian K. Pinaire

Notes

Articles

Reading Attitude in the Constitutional Wish
Kirk W. Junker, Daniel R. Cahoy Min Ding
Unpublished Court of Appeals Decisions: A Hard Look at the Process
Stephen L. Wasby

Notes

Analyzing the Inadequacies of Employee Protections in Bankruptcy
Kelly M. Angell
Consuming Health: Physician Conflict, Patient Care, and Developing Technology
Devon Anne Myers

Articles

Bounded Rationality, the Doctrine of Impracticability, and the Governance of Relational Contracts
Donald J. Smythe
The Real Estate Covenant as Commons: Incomplete Contract Remedies over Time
Jay Weiser

Notes

Articles

The Gambling Industry and Academic Research: Have Gambling Monies Tainted the Research Environment?
John Warren Kindt
Vouchers for Religious Schools: The Death of Public Education?
Sharon K. Russo

Notes

Analyzing the Inadequacies of Employee Protections in Bankruptcy
Matthew L. Seror
Internment, Civil Liberties, and a Nation in Crisis
Nathan Watanabe

Articles

Contract as Text: Interpretive Overlap in Law and Literature
Michael L. Boyer
The Narrative Construction of Antitrust
Joshua A. Newberg
"Death is Different," Is Money Different? Criminal Punishments, Forfeitures, and Punitive Damages--Shifting Constitutional Paradigms for Assessing Proportionality
Rachel A. Van Cleave

Notes

Articles

Law and Social Science in the Twenth-First Century
Jeremy A. Blumenthal
"The Devil Made Me Do It": Legal Implications of the New Teatment Imperative
Hon. John A. Bozza
Law, Science, and Social Studies: Contrasting the Deposition of a Scientific Expert with Ethnographic Studies of Scientific Practice
David S. Caudill

Notes

Articles

Reorganizations and Stochastic Collateral Value
Royce de R. Barondes
Common School Religion: Judicial Narratives in a Protestant Empire
Michael deHaven Newsom

Notes

Articles

Privacy in Genetic Testing: Why Women are Different
Susan B. Apel
The Social Capital Argument for Federalism
Jason Mazzone
Private Enforcement of Cybercrime on the Electronic Frontier
Michael L. Rustad

Notes

A Comparison of Comparison: Use of Foreign Case Law As Persuasive Authority by the United States Supreme Court, the Supreme Court of Canada, and the High Court of Australia
Rebecca Lefler

SYMPOSIUM ON MULTIPLE PERSONALITY DISORDER AND CRIMINAL RESPONSIBILITY

Introduction
Elyn R. Saks

Articles

Multiple Personality Disorder and Criminal Responsibility
Elyn R. Saks
The Case of Mr. Woods: Psychological Contributions to the Legal Process in Defendants with Multiple Personality/Dissociative Identity Disorder
Judith C. Armstrong
Dissociation and Criminal Responsibility: A Developmental Perspective
Glenn Saxe
Am I My Alter's Keeper? Multiple Personality Disorder and Responsibility
Jennifer Radden
A Theory of Command and Control: A Reply to Elyn Saks
Stephen S. Marmer
Multiple Personality Disorder, Accountable Agency, and Criminal Acts
Robert F. Schopp
Multiple Personality Disorder and Criminal Responsibility: A Reply
Elyn R. Saks

Notes

Articles

John Steinbeck and the Law: Literary Cause and Judicial Effect
James N. Gilbert
Narrating Pain: The Problem with Victim Impact Statements
Elizabeth E. Joh
Regulation of Scientific Misconduct in Federally Funded Research
Nisan A. Steinberg

Notes

Children and Mothers at Risk: A System Failing to Alleviate the Devastation of Drug Abuse
Polina Friendland
Narrowing Broadband Choices: AT&T's Monopology Over the Future of the Internet
Glenn T. Inanaga

Articles

Searching for the Crown of Feathers: An Essay on Psychology, Ethics, and Truth in Constitutional Law
Marie A. Failinger
Reification in Law and Legal Theory
Douglas Litowitz
And So Say Some of Us...What to Do when Jurors Disagree
Edward P. Schwartz, Warren F. Schwartz

Notes

Structured Settlements: The Assignability Problem
Leo Andrada
Commercial Speech in the Street: Regulation of Day Labor Soliciation
Gabriela Garcia Kornzweig

Article

I Want a Girl (Boy) Just Like the Girl (Boy) that Married Dear Old Dad (Mom): Cloning Lives
Michael H. Shapiro

Notes

Facial Recognition Technology, Video Surveillance, and Privacy
Christopher S. Milligan
Organ Transplantation at the Millennium: Regulatory Framework, Allocation Prerogatives, and Political Interests
Eric F. Galen

Articles

Harming Future Persons: Obligations to the Children of Reproductive Technology
Philip G. Peters, Jr.
Picking Positivism Apart: Stanley Fish on Epistemology and Law
Michael Robertson
Of Sovereignty and Contract: Damages for Breach of Contract by Government
Gillian Hadfield
The Counterfeit Buck Stops Here: National Security Issues in the Redesign of U.S. Currency
Nathan K. Cummings
The "Missing Thirteenth Amendment": Constitutional Nonsense and Titles of Nobility
Jol A. Silversmith
Introduction to Classical Legal Rhetoric: A Lost Heritage
Michael Frost

Notes

Child Pornography Prevention Act of 1996: Confronting the Challenges of Virtual Reality
Lydia W. Lee
Can You Forgive Her?: Legal Ambivalence Toward Infanticide
Karen Lewicki
The Politics of Law, Language & Morality: Thucydides & the Abortion Debate
Peggy Hau

Articles

In Search of Legal Scholarship: Strategies for the Integration of Science into the Practice of Law
Carl N. Edwards
The Supreme Court, Public Opinion, and the Sentencing of Sexual Predators
Michelle Johnson

SYMPOSIUM ON CLONING

Cloning Position Paper of the IIT Institute for Science, Law and Technology Working Group on Reproductive Technologies
IIT ISLAT Working Group
Human Cloning: Science Fact and Fiction
Michael A. Goldman
Human Cloning: A Jewish Perspective
Elliot N. Dorff
Banning "Human Cloning": A Study in the Difficulties of Defining Science
Henry T. Greely
Human Cloning and the Substantive Due Process Riddle
Stephen A. Newman
The Future of Human Cloning: Prescient Lessons from Medical Ethics Past
Judith F. Daar
First Amendment Protection of Experimentation: A Critical Review and Tentative Synthesis/Reconstruction of the Literature
Roy G. Spece, Jr.
The Constitutional Question of Cloning Humans: Duplication or Procreation?: An Examination of the Constitutional Right to Procreate
Charlene Kalebic

Notes

Uniformity Under the United States Sentencing Guidelines and the D-/L-Methamphetamine Circuit Split
Daniel S. Roberts
Rethinking the Hunter Doctrine
Gregory Ellis

Articles

Two Models of Welfare: Private Charity Versus Public Duty
William E. Nelson
Felix Frankfurter, Charles Hamilton Houston and the "N-Word": A Case Study in the Evolution of Judicial Attitudes Towards Race
David M. Siegel
Ensuring the Incalculable Benefits of Railroads: The Origins of Liability for Negligence in Georgia
James L. Hunt

Notes

Sovereignty Under the World Heritage Convention: A Questionable Basis for Limiting Federal Land Designation Pursuant to International Agreements
Daniel L. Gebert
"Capital Adequacy" in Crisis: Towards an Optional Bank Deposit Insurance Regime
James B. Ransom
Permanent Injunctions in Copyright Infringement: Moral and Economic Justifications for Balancing Individual Rights Instead of Following Harsh Rules
James Thompson
Beyond the Bright Line: Consideration of Externalities, the Meaning of Undue Hardship, and the Allocation of the Burden of Proof Under Title I of the Americans with Disabilities Act
Jason Zarin

Articles

Political Accommodation and the Ideology of the "Model Minority": Building a Bridge to White Minority Rule in the 21st Century
Chris K. Iijima
Yearning for Lake Wobegon: The Quest for the Best Test at the Expense of the Best Education
Lisa Kelly
Chief Justice Traynor's Contract Jurisprudence and the Free Law Dilemma: Nazism, the Judiciary, and California's Contract Law
Stephen J. Lubben

Notes

Exploring "Unchartered" Territory: An Analysis of Charter Schools and the Applicability of the U.S. Constitution
Justin M. Goldstein
An Examination of the Effectiveness of California's Chemical Castration Bill in Preventing Sex Offenders from Reoffending
Carol Gilchrist
The Supreme Court's Denver Nondecision and the Need for a New Media Speaker Paradigm
David Tobenkin
Treating and Releasing the Mule: The Rational, Non-Discriminatory Provisions of 18 U.S.C. § 3621
Reuven Cohen

Articles

Assurance, Reliance, and Expectation
Jay Conison
The Anatomy of Contract Damages and Efficient Breach Theory
David W. Barnes
Rhetorical Knowledge in Legal Practice and Theory
Francis J. Mootz III
Tweaking Facts, Speaking Judgement: Judicial Transmogrification of Case Narrative as Jurisprudence in the United States and Britain
Larry Catá Backer

Note

The Human Rights Implications of a "Cultural Defense"
Michaël Fischer

Articles

Postmodernism's Misguided Place in Legal Scholarship: Chaos Theory, Deconstruction, and Some Insights from Thomas Pynchon's Fiction
Jay P. Moran
Location.Location.Location: Internet Addresses as Evolving Property
Kenton K. Yee
California Code of Civil Procedure Section 580b, Anti-Deficiency Protection Regarding Purchase Money Debts: Arguments for the Inclusion of Refinanced Purchase Money Obligations Within the Anti-Deficiency Protection of Section 580b
Charles B. Sheppard

Note

Facilitated Communication: The Need for a Skeptical Perspective
Joseph A. DiMondi

Articles

What Do Jury Experiments Tell Us About How Juries (Should) Make Decisions?
Michael J. Saks
Ruling with the Heart: Emotion-Based Public Policy
D. Don Welch
Growth for the Twenty-First Century: Tales from Bavaria and the Vienna Woods - Comparative Images of Urban Planning in Munich, Salzburg, Vienna, and the United States
James A. Kushner

Note

Can Witnesses Be Prohibited from Selling Their Stories Prior to Trial?: A First Amendment Analysis of California's Statute
Joshua R. Arlow

Articles

Good Catholics Should Be Rawlsian Liberals
Leslie Griffin
Skewing the Results: The Role of Lawyers in Transmitting Legal Rules
Donald C. Langevoort, Robert K. Rasmussen
The Problem of Parochialism in Legal Education
Paul T. Wangerin
Advising Financially Troubled Professional Entities
Thomas H. Vickers

Notes

A Proposed Standard of Common Law Liability for the Public Accounting Profession
Roger J. Buffington
Protection of Foreign Copyrights in China: The Intellectual Property Courts and Alternative Avenues of Protection
Kenyon S. Jenckes

Articles

Lawyers, Judges and Bioethics
Michael H. Shapiro
Reason or Hermeticism?: A Comment
James Q. Whitman
Rearranging the Family: Diversity, Pluralism, Social Tolerance and Child Custody Disputes
David J. Herring

Note

Hate Speech Debate and Free Expression
Dana Moon Dorset

Articles

Suits for Wrongful Life, Counterfactuals, and the Nonexistence Problem
F. Allan Hanson
Gene Patents and the Death of Dualism
Steven Goldberg
Law Teachers and the Educational Continuum
Michael Jordon

Note
Regulating Bomb Recipes on the Internet: Does First Amendment Law Permit the Government to React to the Most Egregious Harms?
Ian A. Kass

SYMPOSIUM ON NATURAL LAW

Articles

A Practitioner's Primer on Natural Law
Schuyler M. Moore
Is Natural Law Theory of Any Use in Constitutional Interpretation?
R. George Wright

Comment

Objectivity, Moral Truth, and Constitutional Doctrine: A Comment on R. George Wright's "Is Natural Law Theory of Any Use in Constitutional Interpretation?"
David M. Adams

Articles

Substance Above All: The Utopian Vision of Modern Natural Law Constitutionalists
Thomas B. McAffee
Natural Law and a Limited Constitution
Charles R. Kesler

Comment

Distinguishing Between Constitutional Art and Morals
Russell Hittinger

Articles

Nonsense and Natural Law
Steven D. Smith
Deposing Finnis
Ronald R. Garet
Copying Constitutional Text: Natural Law, Constitutionalism, Authority
Michael H. Hoffheimer

Comment

The Augustan Constitution and Our Natural Rights Tradition: Is There a Conflict? Thomas B. McAffee

Forum

Jaffa's Quarrel with Bork: Religious Belief Masquerading as Constitutional Argument Lino A. Graglia
Graglia's Quarrel with God: Atheism and Nihilism Masquerading as Constitutional Argument Harry V. Jaffa

Notes

The Need for International Agreements Concerning the Ozone Depleting Effects of Chemical Rocket Propulsion Lynn Anne Shapiro
Subliminal Speech: Is It Worthy of First Amendment Protection? Nicole Grattan Pearson

Articles

Law and Community in the New Nation: Three Visions for Michigan, 1788-1831
Richard P. Cole
Public Figure Libel: The Premium on Ignorance and the Race to the Bottom
Edward T. Fenno

Forum

Economics as One of the Humanities: An Ecumenical Response to Weisberg, West, and White
Paul J. Heald
Economics as One of the Humanities: A Comment
Andrew Brod

Notes

The New Al Capone Laws and the Double Jeopardy Implications of Taxing Illegal Drugs
Christopher Paul Sorrow
Sexuality, Live Without a Net: Regulating Obscenity and Indecency on the Global Network
Jason Kay
Options, Waste and Agency Costs in the Corporation
Roy F. Price
The Yenaldlooshi in Court and the Killing of a Witch: The Case for an Indian Cultural Defense
Andrew M. Kanter

Articles

The Interpretation and Distortion of Culture: A Hmong "Marriage by Capture" Case in Fresno, California
Deirdre Evans-Pritchard Alison Dundes Renteln
Evaluating DNA Evidence for Identification
C.G.G. Aitken
The American Fresh Start
F.H. Buckley

Notes

Extending Batson v. Kentucky to Religion-Based Peremptory Challenges
Melissa Roth Triedman
A Fathers' Rights Perspective on Custody Law in California: Would You Believe It If I Told You That the Law Is Fair to Fathers?
Nancy Ellen Yaffe

Articles

The American Stay
F.H. Buckley
Regulation vs. Markets in the Development of Standards
Michael I. Krauss
Un-Covering the Tradition of Jewish "Dissimilation": Frankfurter, Bickel, and Cover on Judicial Review
Nomi M. Stolzenberg

Notes

Legislative Relief From Toxic Exposure: The Lifeguard Presumption Act
Christopher W. Krueger

Articles

Moral Reasoning and the Due Process Clause
Edward O. Correia
Legal Problems of Nanotechnology: An Overview
Frederick A. Fiedler Glenn H. Reynolds
Using Social Science Research in Family Law Analysis and Formation: Problems and Prospects
Sarah H. Ramsey Robert F. Kelly

Notes

Powerful, Unique and Anonymous: The European Court of Justice and Its Continuing Impact on the Formation of the European Community
Kevin A. Swartz

SYMPOSIUM ON DEFAULT RULES AND CONTRACTUAL CONSENT

Article

Preliminary Thoughts on Optimal Tailoring of Contractual Rules Ian Ayres

Comments

Social Structure, Legal Structure, and Default Rules: A Comment Todd D. Rakoff
The Futile Search for Principles for Default Rules W. David Slawson
Article Relational Contract and Default Rules Jay M. Feinman
Comments Social Norms and Default Rules Analysis Lisa Bernstein
The Relational Move: Some Questions from Law and Economics Richard Craswell

Article

Default Principles, Legitimacy, and the Authority of a Contract Steven J. Burton

Comments

Cooperation and Convention in Contractual Defaults Clayton P. Gillette
Looking for Default Rule Legitimacy in All the Wrong Places: A Critique of the Authority of Contract Model and the Coordination Principle Proposed by Professor Burton Juliet P. Kostritsky
Coordination by Default: Comment on Steven Burton Richard Warner

Article

The Pseudo-Debate Over Default Rules in Contract Law
Dennis Patterson

Comments

Default Rules, Efficiency, and Prudence
Richard Craswell
Comment on Professor Patterson's Pseudo-Debate Over Default Rules in Contract Law
Steven J. Burton
The Boundaries of Legal Discourse and the Debate Over Default Rules in Contract Law
Lawrence B. Solum

Articles

Default Rules / Mandatory Principles: A Game Theoretic Analysis of Good Faith and the Contract Modification Problem
Jason Scott Johnston
The Default Rule Paradigm and the Limits of Contract Law
Alan Schwartz

Afterword

...and Contractual Consent
Randy E. Barnett

Forum

Should Title VII of the Civil Rights Act of 1964 Be Repealed? -- Part Two A False Sense of Social Reality: A Response to Erwin Chemerinsky
Richard A. Epstein
Professor Epstein's Strange Sense of Social Reality: Of Course, All Laws Prohibiting Employment Discrimination Should Not Be Repealed
Erwin Chemerinsky

Note

Canons, Presumptions and Manifest Injustice: Retroactivity of the Civil Rights Act of 1991
Scott M. Pearson

Articles

Les Misérables Redux: Law and the Poor
Allan C. Hutchinson
When Law Fails: Ethics, Commerce, and Tales of Value
Robert L. Palmer
HIV-Infected Health Care Professionals and Informed Consent
Thaddeus J. Nodzenski

Forum

Should Title VII of the Civil Rights Act of 1964 Be Repealed?
Richard A. Epstein, Erwin Chemerinsky

Note

The Gramm-Rudman-Hollings Act: A Styrofoam Damocles' Sword?
Howard Levkowitz

Recent Developments

Fear of Exposure to HIV as Compensable Injury Peter V. Lee
Lynn Anne Shapiro

Articles

Law and Public Policy: Map of an Area
William H. Clune
Culpability and Other Minds
Rebecca Dresser
Out From Uncertainty: A Model of the Lawyer-Client Relationship
Reed Elizabeth Loder

Notes

Norplant Use in Conjunction with the Welfare System
Anne-Marie Funk
Privacy Protections of Computerized Information
Mark Fall

Introduction

The Blind Men and the Elephant: An Introduction to Multidisciplinary Legal Analysis
Alexander Morgan Capron

Articles

Telling Fortunes: Challenging the Efficient Markets Hypothesis by Prediction
James Lindren
Liberalism and the Criminal Law
Richard Warner

Notes

Defining Constitutional Parameters: The Forced Drugging of Civilly Committed Mental Patients
Lisa Litwiller
Do Not Fold, Spindle or Mutilate: An Examination of Workplace Privacy in Electronic Mail
Steven B. Winters

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ILJ Issues

Volume 34

FORTHCOMING

FORTHCOMING

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Volume 33

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Volume 32

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Volume 31

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Volume 30

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Volume 29

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Volume 28

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Volume 27

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Volume 26

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Volume 25

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Volume 24

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Volume 23

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Volume 22