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Submissions from 2012

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Confronting the Wizard of Oz: National Security, Expertise, and Secrecy Commentary: National Security: Response, David Cole

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Arizona v. Gant: The Good, the Bad, and the Meaning of Reasonable Belief, Geoffrey S. Corn

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Who Decides on Liberty Commentary: National Security: Response, Thomas P. Crocker

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The Ethics of Health Reform: Why We Should Care about Who is Missing Coverage Keynote Address, Norman Daniels

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Access without Limits - Revisiting Barriers and Boundaries after the Affordable Care Act, Michael J. DeBoer

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Protecting the Seasonal Arts: Fashion Design, Copyright Law, and the Viability of the Innovative Design Protection & Piracy Prevention Act Note, Meaghan McGurrin Ehrhard

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The Future of Gun Control Laws Post-McDonald and Heller and the Death of One-Gun-Per-Month Legislation Note, Michael J. Habib

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Finding New Power in the Wind, the Earth, and the Sun: A Survey of the Regulation of Alternative Energy Generated on American Indian Reservations int he United Sates and First nation Reserves in Canada Note, Jessica A. R. Hamilton

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To Drink the Cup of Fury: Funeral Picketing, Public Discourse, and the First Amendment, Steven J. Heyman

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Fail-Safe Federalism and Climate Change: The Case of U.S. and Canadian Forest Policy, Blake Hudson

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On Slippery Constitutional Slopes and the Affordable Care Act, Stewart Jay

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Is Marriage for Rich People? A Book Review of Ralph Richard Bank's Is Marriage for White People?, Nancy Leong

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The New Victims of the Old Anti-Catholicism Essay, Christopher C. Lund

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Some Thoughts on Health Care Exchanges: Choice, Defaults, and the Unconnected, Brendan S. Maher

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Reasonable Men, Ann C. McGinley

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The Pre-NSC Origins of National Security Expertise Commentary: National Security: Response, Gregory S. McNeal

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Tax Compliance and Norm Formation under High-Penalty Regimes, Susan C. Morse

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Apologies as Intellectual Property Remedies: Lessons from China, Xuan-Thao Nguyen

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The Persistent Problem of Purposeful Availment, Henry S. Noyes

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Uploading Guilt: Adding a Virtual Records Exception to the Federal Rules of Evidence Note, Allison L. Pannozzo

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Human Enhancement and Experimental Research in the Military, Efthimios Parasidis

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Who Decides on Security Commentary: National Security, Aziz Rana

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Reducing the Regulatory Role of the FDA: Promoting Patient Autonomy to Choose Avastin and Other Cancer Drugs Note, Sara J. Ray

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(Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias The Evolving Temporality of Lawmaking, Anna Roberts

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Constructing the Threat and the Role of the Expert Witness: A Response to Aziz Rana's Who Decides on Security Commentary: National Security: Response, Wadie E. Said

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The Framers' Federalism and the Affordable Care Act, Steven D. Schwinn

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Citizens United and the Ineluctable Question of Corporate Citizenship, Amy J. Sepinwall

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Popular Constitutional Interpretation Commentary: National Security: Essay, Michael Serota

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The Rise of National Security Secrets Commentary: National Security: Response, Sudha Setty

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Suffering in Silence: Asylum Law and the Concealment of Political Opinion as a Form of Persecution Note, Peter J. Smith

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The Tipping Point of Federalism, Amy L. Stein

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Downloading Minimum Contacts: The Propriety of Exercising Personal Jurisdiction Based on Smartphone Apps Note, Joanna Sibilla Taatjes

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The Affordable Care Act and Tax Policy, Stephen Utz

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Beyond Incentives: Making Corporate Whistleblowing Moral in the New Era of Dodd-Frank Act Bounty Hunting, Matt A. Vega

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Mission Impossible: A Legislative Solution for Excessive Executive Compensation, Robert E. Wagner

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Immigration, Sovereignty, and the Constitution of Foreignness, Michael J. Weil

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The Evolving Temporality of Lawmaking, Andrew J. Wistrich

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Breaking the Cycle of Unequal Treatment with Health Care Reform: Acknowledging and Addressing the Continuation of Racial Bias, Ruqaiijah Yearby

Submissions from 2011

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A Right is Born: Celebrity, Property, and Postmodern Lawmaking, Mark Bartholomew

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A Skeptical View of a Skeptical View of Presidential Term Limits Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: The Effect of Term Limits: Should They be Abandoned, Jack M. Beermann

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Law, Strategy, and Competitive Advantage, Robert C. Bird

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Leading by Example: A Comparison of New Zealand's and the United States' Invasive Species Policies Note, Flynn Boonstra

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The Nature and Nurture of Violence: Early Intervention Services for the Families of MAOA-Low Children as a Means to Reduce Violent Crime and the Costs of Violent Crime Note, Jennifer Brooks-Crozier

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The Senate: Out of Order Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: The Use of the Filibuster and Potential Senate Reform, Aaron-Andrew P. Bruhl

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Critical What What Commentary: Critical Race Theory: A Commemoration: Afterword, Devon W. Carbado

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The Unconstitutionality of the Filibuster Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: The Use of the Filibuster and Potential Senate Reform, Josh Chafetz

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Twenty Years of Critical Race Theory: Looking back to Move Forward Commentary: Critical Race Theory: A Commemoration: Lead Article, Kimberle Williams Crenshaw

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Mickey v. Mickey: The Long-Awaited Clarification in the Landscape of Equitable Distribution of Marital Assets Comment, Jennifer F. Dalenta

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Second-Class Licensure: The Use of Conditional Admission Programs for Bar Applicant with Mental Health and Substance Abuse Histories, Stephanie Denzel

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“Running the Government Like a Business”: Wisconsin and the Assault on Workplace Democracy, Michael Fischl

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Looking for a Few Good Philosopher Kings: Political Gerrymandering as a Question of Institutional Competence Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: Gerrymandering, Congressional Representation, and Trust in the Political System: Essay, Luis Fuentes-Rohwer

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Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: Letter from the Editor, Daniel E. Goren

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Beyond the Best Black: The Making of A Critical Race Theorist at Yale Law School Commentary: Critical Race Theory: A Commemoration: Response: Essay, Luke Charles Harris

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The Value of Intersectional Comparative Analysis to the Post-Racial Future of Critical Race Theory: A Brazil-U.S. Comparative Case Study Commentary: Critical Race Theory: A Commemoration: Response, Tanya Kateri Hernandez

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Inventing Norms, William Hubbard

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Remix without Romance, Thomas W. Joo

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The Extraordinary Mrs. Shipley: How the United States Controlled International Travel before the Age of Terrorism, Jeffrey Kahn

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One Person, One Vote, 435 Seats: Interstate Malapportionment and Constitutional Requirements Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: Gerrymandering, Congressional Representation, and Trust in the Political System, Jeffrey W. Ladewig

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Race to the Top, Again: Comments on the Genealogy of Critical Race Theory Commentary: Critical Race Theory: A Commemoration: Response, Gloria Ladson-Billings

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Men Made It, but They Can't Control It: Immigration Policy during the Great Depression, Its Parallels to Policy Today, and the Future Implications of the Supreme Court's Decision ion Chamber of Commerce v. Whiting Commentary: Critical Race Theory: A Commemoration: Note, Abigail E. Langer

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Has the Obama Presidency Vitiated the Dysfunctional Constitution Thesis Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: Keynote Address, Sanford Levinson

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Constituted by a Series of Contestations: Critical Race Theory as a Social Movement Commentary: Critical Race Theory: A Commemoration: Response, George Lipsitz

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"Too Big to Fail" States Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: Equal Protection Protection Doctrine and Structural Federalism, Gerard N. Magliocca

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Caution on Exhaustion: The Courts' Misinterpretation of the IDEA's Exhaustion Requirement for Claims Brought by Students Covered by Section 504 of the Rehabilitation Act and the ADA but Not by the IDEA Note, Peter J. Maher

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The Intersex Community and the Americans with Disabilities Act Note, Yamuna Menon

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Common Law Same-Sex Marriage Essay, Peter Nicolas

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If It Quacks like a Lame Duck, Can It Lead the Free World: The Case for Relaxing Presidential Term Limits Is Our Constitutional Order Broken - Structural and Doctrinal Questions in Constitutional Law: The Effect of Term Limits: Should They Be Abandoned, Jeremy Paul

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History, Identity, and Alienation Commentary: Critical Race Theory: A Commemoration: Response, Gary Peller

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Disappearing Parents: Immigration Enforcement and the Child Welfare System, Nina Rabin

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Property's End: Why Competition Policy Should Limit the Right of Publicity, Steven Semeraro

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False Perceptions on Limitation: Why Imposing a Nexus Requirement under the Maritime Drug Law Enforcement Act Would Not Significantly Discourse Efforts to Prosecute Maritime Drug Trafficking Commentary: Critical Race Theory: A Commemoration: Note, John O'Neil Sheehy

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Commentary: Critical Race Theory: A Commemoration: Commentary Introduction, Jessica H. Stein

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Google Set Sail: Ocean-Based Server Farms and International Law, Steven R. Swanson

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Commentary: Critical Race Theory: A Commemoration: Essay, David M. Trubek

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Rethinking the Indefinite Detention of Sex Offenders, Fredrick E. Vars

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Critical Race Theory: A Commemoration, Tukufu Zuberi

Submissions from 2010

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Incenting Flexibility: The Relationship between Public Law and Voluntary Action in Enhancing Work/Life Balance Symposium: Redefining Work: Implications of the Four-Day Work Week - Rational Choice, Flexibility, and Accommodation in the Workplace, Rachel Arnow-Richman

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Brand Fetishism, Katya Assaf

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End the Failed Chevron Experiment Now: How Chevon Has Filed and Why It Can and Should Be Overruled, Jack M. Beermann

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Four-Day Work Week: Old Lessons, New Questions Symposium: Redefining Work: Implications of the Four-Day Work Week - The Four-Day Work Week: Views from the Ground, Robert C. Bird

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Evidence Rulemaking: Balancing the Separation of Powers, Thomas A. Bishop

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Cultural Norms and Race Discrimination Standards: A Case Study in How the Two Diverge, Derek W. Black

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Curbing Energy Sprawl with Microgrids, Sara C. Bronin

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To Each His Own Jury: Dual Juries in Joint Trials Note, Kaitlin A. Canty

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Lovable Pirates - The Legal Implications of the Battle between Environmentalists and Whalers in the Southern Ocean Note, Amanda M. Caprari

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Power Forward: The Argument for a National RPS Commentary: The Future of Energy Policy: A National Renewable Portfolio Standard, Lincoln L. Davies

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Acceptable Deviance and Property Rights, Mark A. Edwards

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Moving Power Forward: Creating a Forward-Looking Energy Policy Based on a National RPS Commentary: The Future of Energy Policy: A National Renewable Portfolio Standard, Joshua P. Fershee

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Pedagogy and Critique: Values and Assumptions in the Law School Classroom, Michael Fischl

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Johnny-Come-Lately: Practical Considerations of a National RPS Commentary: The Future of Energy Policy: A National Renewable Portfolio Standard, Lynn M. Fountain

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A Purpose for Every Time: The Timing and Length of the Work Week and Implications for Worker Well-Being Symposium: Redefining Work: Implications of the Four-Day Work Week - Reduced/Compressed Work Weeks: Who Wins: Who Loses, Lonnie Golden

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Dilemmas of Value in Post-Industrial Economies: Retrieving Clock Time through the Four-Day Work Week Essay, Emily Grabham

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Unpaid Furloughs and Four-Day Work Weeks: Employer Sympathy or a Call for Collective Employee Action Symposium: Redefining Work: Implications of the Four-Day Work Week - Reduced/Compressed Work Weeks: Who Wins: Who Loses, Miachel Z. Green

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Abstention: The Unexpected Power of Withholding Your Vote, Grant M. Hayden

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Female Infertility in the Workplace: Understanding the Scope of the Pregnancy Discrimination Act Note, Jeanne Hayes

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Violent Crimes and Known Associates: The Residual Clause of the Armed Career Criminal Act, David C. Holman

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The New Employment Verification Act: The Functionality and Constitutionality of Biometrics in the Hiring Process Note, Grayson Colt Holmes

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The Unsettling Well-Settled Law of Freedom of Association, John D. Inazu

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Not Just One of the Boys: A Post-Feminist Critique of Title IX's Vision for Gender Equity in Sports, Dionne L. Koller

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Jeff Benedict's Little Pink House: The Back Story of the Kelo Case Book Review, George Lefcoe