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
Bioethics Law and the Great Powers, Dov Fox
Medical Disobedience, Dov Fox
A 'Dubious Expediency': How Race-Preferential Admissions Policies on Campus Hurt Minority Students, Gail L. Heriot
An Essay on the Civil-Criminal Distinction with Special Reference to Punitive Damages, 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
Are State Constitutional Rights for Sale? 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
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
Faculty Scholarship from 2021
Fish on First, Larry Alexander
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
COVID-19 and Preventing Harm to Vulnerable Children, Margaret Dalton, Jessica Heldman, and Robert Fellmeth
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
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
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
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
The Aggregation/Culpability Puzzle, Larry Alexander
"Under Color of Law”? Rogue Officials and the Real State Action Problem, Larry Alexander
Separation, Enumeration, and the Implied Bill of Rights, Laurence Claus
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
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 Lawrence
Serious Deficiencies in the Drafting of Article 71 of the CISG on Suspension Due to Prospective Impairment of Contract Expectations, William Lawrence
Universal Remedies, Section 706, and the APA, Ronald M. Levin and Mila Sohoni
Biopolitical Opportunities: Between Datafication & Governance., Orly Lobel
Protectable Trademark Subject Matter in Common Law Countries and the Problem with Flexibility, Lisa P. Ramsey
Courts and Foreign Affairs: 'Their Historic Role', Michael D. Ramsey
Originalism and Birthright Citizenship, Michael D. Ramsey
A Two Tiered and Categorical Approach to the Nondelegation Doctrine, Michael B. Rappaport
Faculty Scholarship from 2019
Connecting the Rule of Recognition and Intentionalist Interpretation: An Essay in Honor of Richard Kay, Larry Alexander
Goldsworthy on Interpretation of Statutes and Constitutions: Public Meaning, Intended Meaning and the Bogey of Aggregation, Larry Alexander
Inciting, Requesting, Provoking, or Persuading Other to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence, Larry Alexander
Abortion, Eugenics and Personhood in the Supreme Court, Dov Fox
Fertility Fraud, Legal Firsts, and Medical Ethics, Dov Fox, I. Glenn Cohen, and Eli Y. Adashi
Faculty Scholarship from 2018
Appreciation and Responses, Larry Alexander
Constitutionalism, Larry Alexander
Is There a Case for Strict Liability?, Larry Alexander
Law and Politics: What is their Relation?, Larry Alexander
Retributive Justice, Larry Alexander
The Need to Attend to Probabilities (for Purposes of Self-Defense and Other Preemptive Actions), Larry Alexander
Holocaust Art Disputes: The Holocaust Expropriated Art Recovery Act of 2016, Herbert I. Lazerow
Legal Winners and Losers in the Mortgage Crisis, Shaun P. Martin
Faculty Scholarship from 2017
Brexit and the Future of Liberal Democracy, Larry Alexander
Is There Hope for Change? The Evolution of Conceptions of 'Good' Corporate Governance, Lynne Dallas
Faculty Scholarship from 2016
Consent does not require communication: A reply to Dougherty., Larry Alexander
Regulatory Entrepreneurship, Jordan M. Barry and Elizabeth Pollman
Economic Espionage as Reality or Rhetoric: Equating Trade Secrecy with National Security, Rochelle Cooper Dreyfuss and Orly Lobel
The Civil Side of Criminal Procedure: Back to the Future?, Donald A. Dripps
Art Resale Royalty Options, Herbert I. Lazerow
Art resale royalty options, Herbert I. Lazerow
The Law of the Platform, Orly Lobel
Do religious exemptions save?, Maimon Schwarzschild
Faculty Scholarship from 2015
Free speech and speaker's intent: A reply to Kendrick., Larry Alexander
The Misconceived Search for the Meani of "Speech"in Freedom of Speech, Larry Alexander
Long-Term Shareholders and Time-Phased Voting, Lynne Dallas and Jordan M. Barry
Libertarianism and the Charitable Tax Subsidies, Miranda Perry Fleischer
Curb Your Enthusiasm for Pigovian Taxes, Victor Fleischer
Art Resale Royalty Options, Herbert I. Lazerow
Do Economic Downturns Dampen Patent Litigation?, Alan C. Marco, Shawn P. Miller, and Ted M. Sichelman
Free trade then and now, or still Manchester United, Maimon Schwarzschild
Faculty Scholarship from 2014
Constitutional Theories: A Taxonomy and (Implicit) Critique, Larry Alexander
Galston on Religion, Conscience, and the Case for Accommodation, Larry Alexander