Content Posted in 2004 | Digital USD

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Content Posted in 2004

American Insurance Association v. Garamendi and Executive Preemption in Foreign Affairs, Brannon P. Denning and Michael D. Ramsey

An Economic Analysis of Domain Name Policy, Karl M. Manheim and Lawrence B. Solum

Appointing Federal Judges: The President, the Senate, and the Prisoner's Dilemma, David S. Law

A Tournament of Virtue, Lawrence B. Solum

Competency to Stand Trial on Trial, Grant H. Morris, Ansar M. Haroun, and David Naimark

Does the Tax Law Discriminate Against the Majority of American Children: The Downside of Our Progressive Rate Structure and Unbalanced Incentives for Higher Education?, Lester B. Snyder

Encumbered Shares, Shaun Martin and Frank Partnoy

Estate Tax Repeal and the Budget Process, Karen C. Burke and Grayson M.P. McCouch

Generic Constitutional Law, David S. Law

Grutter or Otherwise: Racial Preferences and Higher Education, Larry Alexander and Maimon Schwarzschild

Grutter's First Amendment, Paul Horwitz

Judges as Rulemakers, Larry A. Alexander and Emily Sherwin

Judicial Selection: Ideology versus Character, Lawrence B. Solum

Lawyers as Gatekeepers, Fred C. Zacharias

Mental Disorder and the Civil/Criminal Distinction, Grant H. Morris

Montesquieu's Mistakes and the True Meaning of Separation, Laurence Claus

Nonestablishment Under God? The Nonsectarian Principle, Steven Douglas Smith

Of Gift Horses and Great Expectations: Remands Without Vacatur in Administrative Law, Daniel B. Rodriguez

Procedural Justice, Lawrence B. Solum

Prosecutorial Neutrality, Fred C. Zacharias and Bruce A. Green

Strategic Judicial Lawmaking: An Empirical Investigation of Ideology and Publication on the U.S. Court of Appeals for the Ninth Circuit, David S. Law

Straw Polls, Daniel B. Rodriguez

Strict Liability for Gatekeepers: A Reply to Professor Coffee, Frank Partnoy

Supermajority Rules and the Judicial Confirmation Process, Michael B. Rappaport and John O. McGinnis

The Aretaic Turn in Constitutional Theory, Lawrence B. Solum

The Hollowness of the Harm Principle, Steven D. Smith

The Iceberg of Religious Freedom: Subsurface Levels of Nonestablishment Discourse, Steve D. Smith

The Pluralist Predicament: Contemporary Theorizing in the Law of Religious Freedom, Steven Douglas Smith

The Tenuous Case for Conscience, Steven D. Smith

Toleration and Liberal Commitments, Steven Douglas Smith

Understanding Recent Trends in Federal Regulation of Lawyers, Fred C. Zacharias