Faculty Scholarship from 2023
Black Boarding Academies as a Prudential Reparation: Finis Origine Pendet, Roy L. Brooks
Raising the Threshold for Trademark Infringement to Protect Free Expression, Christine Haight Farley and Lisa Ramsey
Medical Disobedience, Dov Fox
The Abortion Double Bind, Dov Fox
Legal Personhood and Frozen Embryos: Implications for Fertility Patients and Providers in Post-Roe America, Gerard Letterie and Dov Fox
Equal Treatment Agreements: Theory, Evidence & Policy, Caley Petrucci
Christians and/as Liberals? Symposium: Liberalism, Christianity & Constitutionalism, Steven D. Smith
The Puzzle of Procedural Originalism, Mila Sohoni
Supremacy Lost?: Zoning, Covenants, and the Evolution of Single-family Ownership, Mary Jo Wiggins
Faculty Scholarship from 2022
Supporting Market Accountability, Workplace Equity, and Fair Competition by Reining in Non-Disclosure Agreements, Rachel S. Arnow-Richman, Gretchen Carlson, Orly Lobel, Julie Roginsky, Jodi L. Short, and Evan Starr
Historical Disproportional Placement of Students in Special Education Based on Race and Ethnicity, Margaret A. Dalton
The Biotech Battlefield, Dov Fox
A 'Dubious Expediency': How Race-Preferential Admissions Policies on Campus Hurt Minority Students, Gail L. Heriot
The Roots of Wokeness: Title VII Damage Remedies as Potential Drivers of Attitudes toward Identity Politics and Free Expression, Gail L. Heriot
Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the U.S Commission on Civil Rights, in Their Personal Capacities in Support of Petitioner in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (No. 20-1199) (Merits Stage Version), Gail L. Heriot and Peter Kirsanow
The Sausage Factory, Gail L. Heriot and Carissa Mulder
When Beneficiaries Predecease: An Empirical Analysis, Adam J. Hirsch
Tax (Dis)conformity, Reverse Federalism, and Social Justice Reform, Michelle D. Layser
Adverse Possession of Art, Herbert I. Lazerow
Protecting State Constitutional Rights from Unconstitutional Conditions, Kay Levine, Jonathan Remy Nash, and Robert Schapiro
Testifying in support of HB5574: AN ACT CONCERNING EMPLOYMENT, Orly Lobel
Responsibility, Lawyering, Justice, David McGowan
Scam Schools: The Cyclical Abuse of Veterans by For-Profit Institutions, Robert Muth
Rethinking Nomenclature for Interspecies Cell Fusions, Bryan J. Pavlovic, Dov Fox, Nathan K. Schaefer, and Alex A. Pollen
Chevron and Originalism: Why Chevron Deference Cannot Be Grounded in the Original Meaning of the Administrative Procedure Act, Michael B. Rappaport
Presently Absent, or Absently Present? The Curious Condition of Natural Law, Steven Douglas Smith
The Constitution, the Leviathan, and the Common Good, Steven Douglas Smith
Equity and the Sovereign, Mila Sohoni
The Major Questions Quartet, Mila Sohoni
Faculty Scholarship from 2021
In Defense of the Standard Picture: The Basic Challenge, Larry Alexander
Not from Concentrate: Collusion in Collaborative Industries, Jordan M. Barry, John William Hatfield, Scott Duke Kominers, and Richard Lowery
Propertizing Fair Use, Abraham Bell and Gideon Parchomovsky
Separation, Enumeration, and the Implied Bill of Rights, Laurence Claus
Family Planning and Its Limits, Dov Fox
Medical Disobedience and the Conscientious Provision of Prohibited Care, Dov Fox
The Supreme Court's Abortion Exceptionalism, Dov Fox and Erin Cole
Floods, Fires, and Inverse Condemnation, Walter W. Heiser
Transforming the Culture of Juvenile Justice in the Wake of Youth Prison Closures, Jessica Heldman
An Examination of Racism and Racial Discrimination Impacting Dual Status Youth, Jessica Heldman and Hon Gaither
Dissenting Statement and Rebuttal of Commissioner Gail L. Heriot in U.S. Commission on Civil Right Report: Racial Disparities on Maternal Health, Gail L. Heriot
Statement of Commissioner Gail Heriot in The Civil Rights Implications of Cash Bail, a Report of the U.S. Commission on Civil Rights, Gail L. Heriot
The Defeat of Proposition 16 in California and Mr. Dooley: Should the Supreme Court Take Note of “Th’ Iliction Returns” the Next Time It Addresses Race-Preferential Admissions Policies?, Gail L. Heriot and Alexander M. Heideman
Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the U.S Commission on Civil Rights, in Their Personal Capacities in Support of Petitioner in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (No. 20-1199)., Gail L. Heriot and Peter Kirsanow
Models of Electronic-Will Legislation, Adam J. Hirsch
Impoverishment by Taxation, Ariel Jurow Kleiman
Subsidizing Gentrification: A Spatial Analysis of Place-Based Tax Incentives, Michelle D. Layser
Adverse Possession of Art, Herbert I. Lazerow
Income Tax Planning for Visual Artists, their Dealers, Investors and Collectors, Herbert I. Lazerow
Banning Noncompete Agreements to Create Competitive Job Markets, Mark A. Lemley and Orly Lobel
Boilerplate Collusion: Clause Aggregation, Antitrust Law & Contract Governance, Orly Lobel
Testifying in support of SB 906: AN ACT CONCERNING NON-COMPETES, Orly Lobel and Mark A. Lemley
Presidential Polarization, John O. McGinnis and Michael B. Rappaport
A Bipartisan Case against New York Times v. Sullivan, David McGowan
Lawyer Threats, David McGowan
The Internet and the Limping Truth, David McGowan
Streaming & Screaming: Intellectual Property Rights’ Survival in a 21st Century Music Industry, Kyle Pettine
Academic Admissions at Elite Universities and at Specialized Public High Schools: Deja Vu All over Again, Maimon Schwarzschild
Wesley Hohfeld's Some Fundamental Legal Conceptions as Applied in Judicial Reasoning (Annotated and Edited), Ted M. Sichelman
Codebooks for Cycles of Obviousness, Ted M. Sichelman and Hon Ryan T. Holte
Does Religious Freedom Have a Future?, Steven Douglas Smith
Michael Perry, Prophet of Progressive Collapse, Steven Douglas Smith
Constitutional Proportionality and Moral Deontology, Horatio Spector
Faculty Scholarship from 2020
Connecting the Rule of Recognition and Intentionalist Interpretation: An Essay in Honor of Richard Kay Section Two: Essay, Larry Alexander
Fish on First, Larry Alexander
The Aggregation/Culpability Puzzle, Larry Alexander
"Under Color of Law”? Rogue Officials and the Real State Action Problem, Larry Alexander
The Case for Noncompetes, Jonathan M. Barnett and Ted Sichelman
Propertizing Fair Use, Abraham Bell and Gideon Parchomovsky
A Republic, If the Courts Can Keep It? Essays, Laurence Claus
Authority and Meaning Section Two: Essay, Laurence Claus
Separation, Enumeration, and the Implied Bill of Rights, Laurence Claus
Open Road? Ford Reroutes Personal Jurisdiction, Zachary Clopton, Mila Sohoni, Kevin Clermont, and Marin K. Levy
Due Process Overbreadth? The Void for Vagueness Doctrine, Fundamental Rights, and the Brewing Storm over Undefined Consent in Sexual Assault Statutes, Donald A. Dripps
The Architecture of a Basic Income, Miranda Perry Fleischer and Daniel Hemel
Reproducing Race in an Era of Reckoning, Dov Fox
June Medical Services v. Russo: The Future of Abortion Access in the U.S., Dov Fox, I. Glenn Cohen, and Eli Y. Adashi
Lawsuit Frequency and Claims Basis Over Lost, Damaged, and Destroyed Frozen Embryos Over a 10-Year Period, Dov Fox and Gerard Letterie
The Moral Economy of Fertility Markets: Hope and Hype, History and Inclusion, Dov Fox and Seema Mohapatra
COVID-19 and Preventing Harm to Vulnerable Children 2020 Special Issue: The Legal Implications of Pandemics, Jessica K. Heldman, Margaret A. Dalton, and Robert C. Fellmeth
Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal, Gail L. Heriot
Defective Catastrophe Clauses in Wills: Paths to Reform, Adam J. Hirsch
Technology Adrift: In Search of a Role for Electronic Wills, Adam J. Hirsch
Electronic-Wills Legislation: The Uniform Act versus Australian and Canadian Alternatives, Adam J. Hirsch and Julia C. Kelety
Serious Deficiencies in the Drafting of Article 71 of the CISG on Suspension due to Prospective Impairment of Contract Expectations, William H. Lawrence
How Place-Based Tax Incentives Can Reduce Geographic Inequality, Michelle D. Layser
Mitigating Housing Instability during a Pandemic, Michelle D. Layser, Edward W. De Barbieri, Andrew J. Greenlee, and Tracy A. Kaye
Copyright Co-Owners, Herbert I. Lazerow
Copyright Co-Owners Part II, Herbert I. Lazerow
Universal Remedies, Section 706, and the APA, Ronald M. Levin and Mila Sohoni
Biopolitical Opportunities: Between Datafication & Governance., Orly Lobel
Knowledge Pays: Reversing Information Flows and the Future of Pay Equity, Orly Lobel
The Power of Interpretation: Minimizing the Construction Zone, John O. McGinnis and Michael B. Rappaport
Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility, Lisa P. Ramsey
Courts and Foreign Affairs: "Their Historic Role" Book Reviews, Michael D. Ramsey
Originalism and Birthright Citizenship, Michael D. Ramsey