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USC Gould School of Law

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Volume 01, Number 1
Volume 02, Number 1
Volume 02, Number 2
Volume 03, Number 1
Volume 03, Number 2
Volume 03, Number 3
Volume 04, Number 1
Volume 04, Number 2
Volume 04, Number 3
Volume 05, Number 1
Volume 05, Number 2
Volume 05, Number 3
Volume 06, Number 1
Volume 06, Number 2
Volume 06, Number 3
Volume 07, Number 1
Volume 07, Number 2
Volume 08, Number 1
Volume 08, Number 2
Volume 09, Number 1
Volume 09, Number 2
Volume 10, Number 1
Volume 10, Number 2
Volume 11, Number 1
Volume 11, Number 2
Volume 12, Number 1
Volume 12, Number 2
Volume 13, Number 1
Volume 13, Number 2
Volume 14, Number 1
Volume 14, Number 2
Volume 15, Number 1
Volume 15, Number 2
Volume 16, Number 1
Volume 16, Number 2
Volume 16, Number 3

Volume 17, Number 1
Volume 17, Number 2
Volume 17, Number 3
Volume 18, Number 1
Volume 18, Number 2
Volume 18, Number 3
Volume 19, Number 1
Volume 19, Number 2
Volume 19, Number 3
Volume 20, Number 1
Volume 20, Number 2
Volume 20, Number 3
Volume 21, Number 1
Volume 21, Number 2
Volume 21, Number 3
Volume 22, Number 1
Volume 22, Number 2
Volume 22, Number 3
Volume 23, Number 1
Volume 23, Number 2
Volume 24, Number 1
Volume 24, Number 2
Volume 24, Number 3
Volume 25, Number 1
Volume 25, Number 2
Volume 25, Number 3
Volume 26, Number 1
Volume 26, Number 2
Volume 26, Number 3
Volume 27, Number 1
Volume 28, Number 1
Volume 28, Number 2
Volume 28, Number 3
Volume 29, Number 1
Volume 29, Number 2
Volume 29, Number 3
Volume 29, Number 4
Volume 30, Number 1
Volume 30, Number 2
Volume 30, Number 3
Volume 31, Number 1
Volume 31, Number 2
Volume 31, Number 3
Volume 32, Number 1
Volume 32, Number 2

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Volume 1, Number 1, Spring 1992
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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Volume 2, Number 1, Spring 1993
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

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Volume 2, Number 2, Spring 1993
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

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Volume 3, Number 1, Fall 1993
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

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Volume 3, Number 2, Winter 1994
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 Note Powerful, Unique and Anonymous: The European Court of Justice and Its Continuing Impact on the Formation of the European Community Kevin A. Swartz

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Volume 3, Number 3, Summer 1994
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 Note Legislative Relief From Toxic Exposure: The Lifeguard Presumption Act Christopher W. Krueger

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Volume 4, Number 1, Fall 1994
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

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Volume 4, Number 2, Winter 1995
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

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Volume 4, Number 3, Summer 1995
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

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Volume 5, Number 1, Winter 1996
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

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Volume 5, Number 2, Spring 1997
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

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Volume 5, Number 3, Summer 1997
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

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Volume 6, Number 1, Fall 1997
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

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Volume 6, Number 2, Spring 1998
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

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Volume 6, Number 3, Spring 1998
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

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Volume 7, Number 1, Summer 1998
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

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Volume 7, Number 2, Fall 1998
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

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Volume 8, Number 1, Winter 1998
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

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Volume 8, Number 2, Spring 1999
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

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Volume 9, Number 1, Winter 1999
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

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Volume 9, Number 2, Spring 2000
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

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Volume 10, Number 1, Fall 2000
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

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Volume 10, Number 2, Spring 2001
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 Valid-Where-Consummated: The Intersection of Customary Law Marriages and Formal Adjudication Lona N. Laymon Expanding California's Coerced Treatment for the Mentally Ill: Is the Promise of Caring Treatment in the Community a Lost Hope? David A. Zaheer

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Volume 11, Number 1, Winter 2001
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 Note 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

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Volume 11, Number 2, Spring 2002
Articles Reorganizations and Stochastic Collateral Value Royce de R. Barondes Common School Religion: Judicial Narratives in a Protestant Empire Michael deHaven Newsom Notes Fitting a Square Peg into a Round Hole: Imposing Informed Consent and Post-Trial Obligations on United States Sponsored Clinical Trials in Developing Countries Esther Chang Civil Restraining Orders for Domestic Violence: The Unresolved Question of "Efficacy" Carolyn N. Ko

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Volume 12, Number 1, Winter 2002
Articles Law and Social Science in the Twenth-First Century Jeremy A. Blumenthal "The Devil Made Me Do It": Legal Implications of the New Treatment 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 Illegal Confinement: Presidential Authority to Suspend the Privilege of the Writ of Habeas Corpus During Times of Emergency Eli Palomares The Agony and the Ecstasy: Preserving First Amendment Freedoms in the Government's War on Raves Christina L. Sein

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Volume 12, Number 2, Spring 2003
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 I Put up a Website About My Favorite Show and All I Got Was This Lousy Cease-and-Desist Letter: The Intersection of Fan Sites, Internet Culture, and Copyright Owners Cecilia Ogbu Money Talks, Politicians Listen: The Constitutional Grounds for Controlling Soft Money James C. Wald

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Volume 13, Number 1, Fall 2003
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

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Volume 13, Number 2, Spring 2004
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 The Small Business Liability Relief and Brownfields Revitalization Act: Are We Any Closer to a Proper Allocation of Superfund Liability for Small Businesses? Lance Schumacher Corporate Responsibility for International Human Rights Violations Shanaira Udwadia

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Volume 14, Number 1, Fall 2004
Articles Reading Attitude in the Constitutional Wish Kirk W. Junker 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

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Volume 14, Number 2, Spring 2005
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 Grutter and Zelman Maurice R. Dyson Strange Brew: Method and Form in Electoral Speech Jurisprudence Brian K. Pinaire Notes Retro Politics Back in Vogue: A Look at How the Internet Can Modernize the Reemerging Caucus Priya Chatwani California Ã¢â‚¬" Rogue State or National Leader in Environmental Regulation?: An Analysis of California's Ban of Bromated Flame Retardants Tracy Daub

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Volume 15, Number 1, Fall 2005
Articles Law is Law and Art is Art and Shall the Two Ever Meet? Law and Literature: the Comparative Creative Processes Wendy Nicole Duong From Disparity to Difference: How Race-Specific Medicines May Undermine Policies to Address Inequalities in Health Care Jonthan Kahn 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

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Volume 15, Number 2, Spring 2006
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

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Volume 16, Number 1, Fall 2006
Articles

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Volume 16, Number 2, Winter 2007
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 Downloading the Truth: Is "AllofMP3" Legal? Jason Hahn Raising the California Minimum Wage Is Not Enough: Creating a Sustainable Wage by Accounting for Inflation Through Indexing Erica Muñoz

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Volume 16, Number 3, Spring 2007
Articles Tolerance in an Age of Terror Martha Minow The Law of Historical Films: In the Aftermath of Jenin, Jenin Daphne Barak-Erez Note Native American Federal Campaign Contributions: Rules, Risks, and Remedies Mary Beth Maloney Commentary Cannibal Holocaust: Digesting and Re-digesting Law and Film Ed Morgan

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Volume 17, Number 1, Fall 2007
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 YouTube: Testing the Safe Harbors of Digital Copyright Law Eugene C. Kim ...And the Ruling on the Field Is Fair: A Fair Use Analysis of Uploading NFL Videos onto YouTube and Why the NFL Should License Its Material to the Website Amy R. Mellow The State of Democracy After Disaster: How to Maintain the Right to Vote for Displaced Citizens Maya Roy

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Volume 17, Number 2, Winter 2008
Articles Creating a Life to Save a Life: An Issue Inadequately Addressed by the Current Legal Framework Under Which Minors are Permitted to Donate Tissue and Organs Nicole Hebert Lyrical Assault: Dancehall Versus the Cultural Imperialism of the North-West Camille A. Nelson Notes All Saints Church and the Argument for a Goal-Driven Application of Internal Revenue Service Rules for Tax-Exempt Organization Kara Backus Prohibition Reincarnated? The Uncertain Future of Online Gambling Following the Unlawful Internet Gambling Enforcement Act of 2006 Michael D. Schmitt Jack Bauer Syndrome: Hollywood's Depiction of National Security Law Tung Yin

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Volume 17, Number 3, Spring 2008
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 TransFat Regulation: A Legislative Remedy for America's Heartache Esther Choi When Rights Collide: An Examination of the Reporter's Privilege, Grand Jury Leaks, and the Sixth Amendment Rights of the Criminal Defendant Josi Kennon Drugs & Money: The Impact of Industry "Donated" Money on Public Research and the Need for Stricter Conflict of Interest Standards Mhairi Ransom

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Volume 18, Number 1, Fall 2008
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 Maximizing Chinese Imports' Compliance with United States Safety and Quality Standards: Carrot and Stick From Whom? Hao Huang Privacy at the Cost of Public Safety: reevaluating Mental Health Laws in the Wake of the Virginia Tech Shootings Celina Muñoz

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Volume 18, Number 2, Winter 2009
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

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Volume 18, Number 3, Spring 2009
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

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Volume 19, Number 1, Fall 2009
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 Note Contracting Out of the Orphan Works Problem: How the Google Book Search Settlement Serves as a Private Solution to the Orphan Works Problem and Why It Should Matter to Policymakers Ryan Andrews The Gay Religion Ryan Daniels Prosecutorial Overreaching in Deferred Prosecution Agreements Matt Senko

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Volume 19, Number 2, Winter 2010
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 Note Six-Figure Book Deals, Celebrity Fame, and a Spread in Playboy: Free Speech and Privacy Concerns in the Blogosphere Autumn E. Love On the Idea of Understanding Weinrib: Weinrib and Keating on Bipolarity, Duty, and the Nature of Negligence Jared Marshall Financial Weapons of Mass Destruction: From Bucket Shops to Credit Default Swaps Brendan Sapien

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Volume 19, Number 3, Spring 2010
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 Note Caught in the Net: Athletes' Rights and the World Anti-Doping Agency Matthew Hard The Economics of Occupational Licensing: Applying Antitrust Economics to Distinguish Between Beneficial and Anticompetitive Professional Licenses Neil Katsuyama Forced Integration of Gay, Bisexual and Transgendered Inmates in California State Prisons: From Protected Minority to Exposed Victims Alexander Lara

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Volume 20, Number 1, Fall 2010
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

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Volume 20, Number 2, Winter 2011
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 Note 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

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Volume 20, Number 3, Spring 2011
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 Note Dousing the Flames: The Tang Fu Zhen Self-Immolation Incident and Urban Land Takings Reform in the People's Republic of China Annie Deng What Will it Take?: In the Wake of the Outrageous "Balloon Boy" Hoax, a Call to Regulate the Long-Ignored Issue of Parental Exploitation of Children Ramon Ramirez Redistricting or Rethinking? Why Proportional Representation May Be a Better Solution than California's Independent Redistricting Commission Kevin Reyes Achilles' Heel: Revisiting the Supreme Court's Nude Dancing Cases Grant Wahlquist The United States Stands Alone: An International Consensus Against Juvenile Life Without Parole Sentences Lisa S. Yun

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Volume 21, Number 1, Fall 2011
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 Irrationally Bound: Terms of Use Licenses and the Breakdown of Consumer Rationality in the Market for Social Network Sites Aaron T. Chiu Covering Turbans and Beards: Title VII's Role in Legitimizing Religious Discrimination Against Sikhs Kiran Preet Dhillon

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Volume 21, Number 2, Fall 2011
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 Unwarranted! Privacy in a Technological Age: The Fourth Amendment Difficulty in Protecting Against Warrantless GPS Tracking and the Substantive Due Process and First Amendment Boost Courtney Burten Lost in Translation: The Failure of the Interstate Divorce System to Adequately Address the Needs of International Divorcing Couples Alena Geffner-Mihlsten Protecting the Herd: A Public Health, Economics, and Legal Argument for Taxing Parents Who Opt-Out of Mandatory Childhood Vaccinations Christine Parkins Breaching Doctor-Patient Confidentiality: Physician Confusion about Involuntary Disclosure of Genetic Information Rebecca Suarez

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Volume 21, Number 3, Fall 2012
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 Examining O'Donnabhain v. Commissioner, 134 T.C. No. 4 (2010): Sex Reassignment Surgery as a Tax Deductible Medical Expense Stephanie Chen The Hijacking of Foreign Policy Decision Making: Groupthink and Presidential Power in the Post-9/11 World Brandon Kennedy Fair Circumvention: A Judicial Analysis for the Digital Millennium Copyright Act Using the PlayStation 3 as a Case Study Lewis Stevenson Pushing the Boundaries?: Equal Protection, Rational Basis, and Rational Decision Making by District Courts in Cases Challenging Legislative Classifications on the Basis of Sexual Orientation Shoshana Zimmerman

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Volume 22, Number 1, Fall 2012
Articles The Return of Biological Race? Regulating Innovations in Race and Genetics Through Administrative Agency Race Impact Assessments Osagie K. Obasogie Constructing the Other: U.S. Muslims, Anti-Sharia Law, and the Constitutional Consequences of Volatile Intercultural Rhetoric Carlo A. Pedrioli 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

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Volume 22, Number 2, Winter 2013
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

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Volume 22, Number 3, Fall 2013
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 What About Failure to Protect: Why Current Homicide Doctrine Falls Short of Holding Parents Who Fail to Protect Their Children Accountable Whitney Button What is all the Fuss About?: The United States Congress May Impose a Tax (It's Called the "Individual Mandate") Rebecca L. McCullough "Friending" and "Following" the Government: How the Public Forum and Government Speech Doctrines Discourage the Government's Social Media Presence Ross Rinehart

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Volume 23, Number 1, Fall 2014
Articles The Disappearance of Labor Unions and the Social Encyclicals of Popes John Paul II and Benedict XVI Ken Matheny Cross Cultural Negotiations and International Intellectual Property Law: Attempts to Work Across Cultural Clashes Between Indigenous Peoples and Majoritarian Cultures Caroline Joan S. Picart Authorization Required: Veterans Treatment Courts, the Need for Democratic Legitimacy, and the Separation of Powers Doctrine Sohil Shah Notes "Antithetical to Human Dignity": Secondary Trauma, Evolving Standards of Decency, and the Unconstitutional Consequences of State-Sanctioned Executions Lauren M. De Lilly Military Service-Related PTSD and the Criminal Justice System: Treatment as an Alternative to Incarceration Erinn Gansel The Invisible Army: Why the Military Needs to Rescind Its Ban on Transgender Service Members Allison Ross

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Volume 23, Number 2, Spring 2014
Articles The Kampala Compromise and Cyberattacks: Can There be an International Crime of Cyber-Aggression? Kevin L. Miller Independent Children and the Legal Construction of Childhood Jonathan Todres Correcting the Supreme Court--Will it Listen? Using the Models of Judicial Decision-Making to Predict the Future of the ADA Amendments Act Kate Webber Notes Terror in Trading: Should the United States Classify Mexican Drug Trafficking Organizations as Terrorist Organizations? Ben Jakovljevic Is the Court Allergic to Katz? Problems Posed by New Methods of Electronic Surveillance to the "Reasonable-Expectation-of Privacy" Test Colin Shaff

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Volume 24, Number 1, Fall 2014
Articles Law and Politics in the Aftermath of 9/11: Understanding the Interaction of Politics, Power, The Role of the OLC, and the Law during the Bush Administration, through Agency and Political Theory Arthur H. Garrison A New Approach to the Ethics of Life: The "Will to Live" in Lieu of Inherent Dignity or Autonomy-Based Approaches Marvin Lim Buffering Burnout: Preparing the Online Generation for the Occupational Hazards of the Legal Profession Brittany Stringfellow Otey Notes Comparative Analysis of Trade Secret Law in Practice in High-Tech Industrial Districts: A Link between Trade Secret Protection, Knowledge Spillover, and Industrial Growth? Siobhan Coley-Amin Doubling Down in Non-Market Economies: The Inequitable Application of Trade Remedies against China and the Case for a New WTO Institution Richard Lockridge Modern War Crimes by the United States: Do Drone Strikes Violate International Law? Questioning the Legality of U.S. Drone Strikes and Analyzing the United States' Response to International Reproach Based on the Realism Theory of International Relations Tony Nasser

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Volume 24, Number 2, Spring 2015
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

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Volume 24, Number 3, Spring 2015
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 Fixing International Labor Law: Corporate Social Responsibility, a Means or an End? Delwin Lau Reclaiming Student Athletes' Rights to Their Names, Images, and Likenesses, Post O'Bannon v. NCAA: Analyzing NCAA Forms for Unconscionability Greg Lush Pay-for-Play: An Age-Old Struggle for Appropriate Reform in a Changing Landscape Between Employer and Employee Ryan Vanderford

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Volume 25, Number 1, Winter 2015
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 Explicit Equality: The Need for Statutory Protection Against Anti-Transgender Employment Discrimination Ashley Attia Overcoming the Parental Veto: How Transgender Adolescents Can Access Puberty-Suppressing Hormone Treatment in the Absence of Parental Consent Under the Mature Minor Doctrine Emily Ikuta Examining Corporate Religious Beliefs in the Wake of Burwell v. Hobby Lobby Stephen Makino

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Volume 25, Number 2, Spring 2016
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

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Volume 25, Number 3, Summer 2016
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

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Volume 26, Number 1, Fall 2016
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

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Volume 26, Number 2, Spring 2017
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 INSANE IN THE MENS REA: WHY INSANITY DEFENSE REFORM IS LONG OVERDUE LOUIS KACHULIS CYBERBULLYING AND ITS CONSEQUENCES: HOW CYBERBULLYING IS CONTORTING THE MINDS OF VICTIMS AND BULLIES ALIKE, AND THE LAW'S LIMITED AVAILABLE REDRESS KIMBERLY MILLER THE BUSINESS OF EXPRESSION: A COMMERCIAL, CONSTITUTIONAL, AND HISTORICAL EVALUATION OF THE LINE BETWEEN THE FIRST AMENDMENT AND ANTIDISCRIMINATION LAWS AUDREY UHLAND

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Volume 26, Number 3, Summer 2017
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 UNDOCUMENTED ATTORNEYS AND THE STATE OF THE BAR CHRISTOPHER CONNELL WHY GENETICS IS CRISPR THAN IT USED TO BE: HELPING THE NOVICE UNDERSTAND GERM LINE MODIFICATION AND ITS SERIOUS IMPLICATIONS TEDDY ELLISON NOVEL ASSISTED REPRODUCTIVE TECHNOLOGIES AND PROCREATIVE LIBERTY: EXAMINING IN VITRO GAMETOGENESIS RELATIVE TO CURRENTLY PRACTICED ASSISTED REPRODUCTIVE PROCEDURES AND REPRODUCTIVE CLONING CHARLES THOMAS

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Volume 27, Number 1
INTRODUCTORY MATERIALS 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

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Volume 28, Number 1
INTRODUCTORY MATERIALS 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 INFORMED CONSENT AND DECISION-MAKING AFTER LOSS OF COMPETENCY IN DEMENTIA PATIENTS: A NEW MODEL LAUREN PADAMA A QUANTITATIVE ACCOUNTING OF THE USE OF INTERNATIONAL SOURCES IN SUPREME COURT CIVIL RIGHTS CASES FROM 2000 TO 2016 JUSTIN MELLO SB 743 AND NEWHALL RANCH'S NET ZERO EMISSIONS PROJECT: IMPACTS ON THE GHG EMISSIONS THRESHOLD AND IMPLICATIONS FOR GREENFIELD DEVELOPMENT IN LOS ANGELES TINA KIM

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Volume 28, Number 2
INTRODUCTORY MATERIALS 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

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Volume 28, Number 3
INTRODUCTORY MATERIALS 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 R PUBLIC SKOOLS GOOD? ANALYZING CALIFORNIA'S PUBLIC EDUCATION REFORM AND PREDICTING ITS ABILITY TO CLOSE ACHIEVEMENT GAPS AND WITHSTAND LEGAL CHALLENGE Shane Wilson THE INTELLECTUAL SPACE RACE: APPLYING TERRESTRIAL PATENT LAWS TO PRIVATE OUTER SPACE ACTIVITY Anthony Farnesi

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Volume 29, Number 1
INTRODUCTORY MATERIALS 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 NOW WHAT? A NEW DIRECTION FOR U.S. BUSINESSES AND LAW IN THE WAKE OF THE GENERAL DATA PROTECTION REGULATION Claudia Fendian HOMELAND ADVANCED RECOGNITION TECHNOLOGY (HART) DATA COLLECTION: FOURTH AMENDMENT CONSIDERATIONS & SUGGESTED STATUTORY ALTERNATIVES Brandon R. Thompson

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Volume 29, Number 2
INTRODUCTORY MATERIALS 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

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Volume 29, Number 3
INTRODUCTORY MATERIALS 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

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Volume 29, Number 4
INTRODUCTORY MATERIALS 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 REDEFINING "CEDAW" TO INCLUDE LGBT RIGHTS: INCORPORATING PROHIBITIONS AGAINST THE DISCRIMINATION OF SEXUAL ORIENTATION AND GENDER IDENTITY Robina Gallagher "ALTERNATIVE FACTS" AND HATE: REGULATING CONSPIRACY THEORIES THAT TAKE THE FORM OF HATEFUL FALSITY Samantha Hay LIMITED SECESSION RIGHTS: ENCOURAGING UNITY AND MINIMIZING HOSTILITIES IN ETHNOFEDERALIST NATIONS Tyler Prime

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Volume 30, Number 1
INTRODUCTORY MATERIALS 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

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Volume 30, Number 2
INTRODUCTORY MATERIALS 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 PAY THE PIPER, AND ALSO THE PUNTER: AN ANALYSIS OF THE COLLEGE-ATHLETE COMPENSATION MOVEMENT Joshua B. Opila PRIVATE INSURANCE AND UNIVERSAL HEALTHCARE: HOW CAN PRIVATE INSURANCE BE UTILIZED WITHIN A UNIVERSAL HEALTHCARE SYSTEM IN THE UNITED STATES? Michael Supanick AN EASIER PILL TO SWALLOW: SUBSCRIPTION MODEL AGREEMENTS AS A SOLUTION TO THE GOVERNMENT'S PRESCRIPTION DRUG PRICING CRISIS Bryan Willard

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Volume 30, Number 3
INTRODUCTORY MATERIALS 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

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Volume 31, Number 1
INTRODUCTORY MATERIALS 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

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Volume 31, Number 2
INTRODUCTORY MATERIALS 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

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Volume 31, Number 3
INTRODUCTORY MATERIALS Articles A SOCIAL THEORY OF LEGAL PRECEDENT Sungjoon Cho PRIVACY HARMS AND PERSECUTION Liane M. Jarvis Cooper AGAINST DISCLOSURE Mohamed Sweify Notes EXPANDING ENVIRONMENTAL HUMAN RIGHTS BEYOND WESTERN LEGAL ETHICS: AN ANALYSIS OF INDIA'S ENVIRONMENTAL JURISPRUDENCE Monica K. Mahal BUNDLE UP: THE CHILLING ROLE OF FUNDRAISING BUNDLERS IN AMERICAN POLITICS Eliza Scofield QUEUE & ADA: A.L. V. WALT DISNEY PARKS & RESORTS AND HOW THE FEAR OF FRAUD MAY FUNDAMENTALLY ALTER THE ADA Eric Fram CODED COPYRIGHT: HOW COPYRIGHT ENFORCEMENT, REMUNERATION, AND VERIFICATION TERMS IN BLOCKCHAIN-ENHANCED CONTRACT MODELS FOR ONLINE ART SALES COMPARE TO THEIR TRADITIONAL COUNTERPARTS Camille Brown

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Volume 32, Number 1
INTRODUCTORY MATERIALS Articles ON THE LOGIC OF HISTORY AND TRADITION IN CONSTITUTIONAL RIGHTS R. George Wright TAKING A BREAK FROM SELF-DEFENSE Rafi Reznik RECONFIGURING THE LINKAGE BETWEEN CORRUPTION AND ECONOMIC DEVELOPMENT IN CHINA: LEGITIMATE CONCERNS NOT ALLEVIATED Miron Mushkat & Roda Mushkat A BEHAVIORAL THEORY OF ROBOT RIGHTS N. F. Sussman ANTITRUST RIGHTS OF ACTION AND LENIANCY PROGRAMS Sinchit Lai PRODUCTS LIABILITY FOR SOFTWARE DEFECTS IN DRIVERLESS CARS Michael L. Rustad Note THE DIGITAL MARKETPLACE: FOSTERING COURAGEOUS COMMUNICATION FOR ONLINE UNION ORGANIZING IN HYBRID WORK ENVIRONMENTS Jacob Axelrad

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Volume 32, Number 2
INTRODUCTORY MATERIALS Articles PROPERTY THEORY AND CONTEMPORARY MARXISM Stephen R. Munzer BALANCING FREEDOM AND RESTRAINT: THE ROLE OF VIRTUE IN LEGAL ANALYSIS Harold Anthony Lloyd PRIMARY AND SECONDARY RELIGIOUS SCHOOLS AND THE DISESTABLISHMENT OF EVERSON Mark Strasser HAMILTON VS. JEFFERSON IN SUPREME COURT DIRECT TAX JURISPRUDENCE Joshua Cutler TAXING BRIBES IN THE FORM OF FLATTERING NEWS COVERAGE Limor Riza Notes CRYPTOCURRENCY AND RANSOMWARE ATTACKS: CIRCUMVENTING THE BSA AND MLCA Jennifer Guillen IS WITNESS CREDIBILITY ON VIRTUAL COURTROOM PROCEDURES IMPAIRED OR ENHANCED FOR ADULTS OR CHILDREN? Daniel Tran

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