Content Posted in 2016
2015-2016 BYU Law Review Masthead
2015–2016 BYU Law Review Masthead
2015–2016 BYU Law Review Masthead
2015–2016 BYU Law Review Masthead
2015–2016 BYU Law Review Masthead
2015–2016 BYU Law Review Masthead
2015–2016 BYU Law Review Masthead
2016-2017 BYU Law Review Masthead
2016-2017 BYU Law Review Masthead
2016-2017 BYU Law Review Masthead
A Case for the Public Domain, Clark D. Asay
Accommodating Concerns for International Law and Proper Governance, David H. Moore
Adjustments, Extensions, Disclaimers, and Continuations: When Do Patent Term Adjustments Make Sense?, Stephanie Plamondon Bair
Adversary Breakdown and Judicial Role Confusion in “Small Case” Civil Justice, Jessica K. Steinberg
Afghanistan Legal Lessons Learned: Army Rule of Law Operations, Eric Talbot Jensen and Amy M. Pomeroy
Agency Costs in International Human Rights, David H. Moore
A Half-Baked Law: How the Supreme Court's Decision in Koontz v. St. Johns River Water Management District Misses a Key Ingredient to Fifth Amendment Protection, Garrett W. Messerly
A Hitchhiker’s Guide to Outbound International Tax Reform, J. Clifton Fleming Jr. and Robert J. Peroni
A House Divided: Same-Sex Marriage and Dangers to Civil Rights, Lynn D. Wardle
All Human Rights are Equal, but Some are More Equal than Others: The Extraordinary Rendition of a Terror Suspect in Italy, the NATO SOFA, and Human Rights, Chris Jenks and Eric Talbot Jensen
Altering U.S. Treaty Policy to Permit the Negotiating of Zero Withholding on Portfolio Dividends: An Invitation to Research, J. Clifton Fleming Jr.
Alternative Entities and Fiduciary Duty Waivers in Delaware, Michael Despres
American Offshore Business Tax Planning: Can Australian Lawyers Get a Piece of the Action?, J. Clifton Fleming Jr.
American Offshore Business Tax Planning: Can Australian Lawyers Get a Piece of the Action?, J Clifton Fleming, Jr.
An Emerging International Norm for Non-Governmental Organizations, Stephanie Cotton-Betteridge
An Emerging Uniformity for International Law, David H. Moore
A New Era in Public Land Policy?: The Shift Toward Reacquisition of Land and Natural Resources, James R. Rasband and Megan E. Garrett
A New Imperialism? Evaluating Russia’s Acquisition of Crimea in the Context of National and International Law, Trevor McDougal
An Incurable Malaise: Commonwealth v. Australian Capital Territory and Baskin v. Bogan as Symptoms of Early-Onset Dystopia, Neville Rochow
Applying a Sovereign Agency Theory of the Law of Armed Conflict, Eric Talbot Jensen
A Proposal to Eliminate Director Standards From the Model Business Corporations Act, D. Gordon Smith
A Prospective Analysis of Family Fragmentation: Baby Mama Drama meets Jane Austen, Lynne Marie Kohm
Are Sand and Gravel Really "Valuable Minerals"?, James R. Rasband
A Second Look at the Zero Basis Hoax, J. Clifton Fleming Jr.
A Signaling Theory of Human Rights Compliance, David H. Moore
Assessing Interest Groups: A Playing Field Approach, Paul Stancil
A Textual Approach to Treaty Non-Self-Execution, Michael D. Ramsey
Atomism and the Private Merger Challenge, Paul Stancil
Augmenting Stream Flows: How Useful Are Section 9 and Section 7 of the ESA?, James R. Rasband
Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media, RonNell Andersen Jones
Balancing Domestic Nuclear Industry Viability with International Security: Imminent changes to nuclear export control regulations, H. Brendan Burke
Balancing the Pleading Equation, Paul Stancil
Be Careful What You Wish for: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
Before There Were Mouseholes: Resurrecting the Non-delegation Doctrine, Joel Hood
Behind the Curtain of Tort Reform, Roland Christensen
Belligerent Targeting and the Invalidity of a Least Harmful Means Rule, Geoffery S. Corn, Laurie R. Blank, Chris Jenks, and Eric Talbot Jensen
Between a Tomahawk and a Hard Place: Indian mascots and the NCAA, Stephanie Jade Bollinger
Beyond Blood and Borders: Finding Meaning in Birthright Citizenship, D. Carolina Nuñez
Beyond One Voice, David H. Moore
Beyond "Public Concern": New free speech standards for public employees, D. Gordon Smith
Bit by Bit: A case study of bloggership, D. Gordon Smith
Blogging While Untenured and Other Extreme Sports, A. Christine Hurt and Tung Yin
Book Review (Joe Mathewson, THE SUPREME COURT AND THE PRESS: THE INDISPENSABLE CONFLICT (2011)), RonNell Andersen Jones
Buying Back the West, James R. Rasband
BYU Law School Faculty Listing
BYU Law School Faculty Listing
BYU Law School Faculty Listing
BYU Law School Faculty Listing
BYU Law School Faculty Listing
BYU Law School Faculty Listing
Canada's Limitation of Hate Speech: A Comparative Perspective, David H. Moore
Can Tax Expenditure Analysis Be Divorced from a Normative Tax Base?: A Critique of the 'New Paradigm' and its Denouement, J. Clifton Fleming Jr. and Robert J. Peroni
Chancellor Allen and the Fundamental Question, D. Gordon Smith
Changes in Water Law, James R. Rasband and Charles B. Roe Jr.
Clark Memorandum: Fall 2015, J. Reuben Clark Law School, BYU Law School Alumni Association, and J. Reuben Clark Law Society
Clark Memorandum: Spring 2016, J. Reuben Clark Law School, BYU Law School Alumni Association, and J. Reuben Clark Law Society
Clients, Empathy, and Compassion: Introducing First-Year Students to the Heart of Lawyering, Kristin B. Gerdy
Close Enough for Government Work: The Committee Rulemaking Game, Paul Stancil
Codifying Commonsense: Religious viewpoint antidiscrimination acts and the free speech rights they protect, Brandon Harvard Riches
Combatant Status: It Is Time for Intermediate Levels of Recognition for Partial Compliance, Eric Talbot Jensen
Commandments, Crosses, & Prayers: The Roberts Court’s Approach to Public Religion, Zachary D. Smith
Comparative Institutional Competency and Sovereignty in Indian Affairs, Michalyn Steele
Comparative Models for Transitioning from Religious to Civil Marriage Systems, Brett G. Scharffs
Comparative Perspectives on Adoption of Children by Cohabitating, Nonmarital Couples and Partners, Lynn D. Wardle
Computer Attacks on Critical National Infrastructure: A Use of Force Invoking the Right of Self-Defense, Eric Talbot Jensen
Congressional Silence and the Statutory Interpretation Game, Paul Stancil
Constraining Charming Betsy: Textual Ambiguity as a Predicate to Applying the Charming Betsy Doctrine, Andrew H. Bean
Consumer Information Privacy and the Problem(s) of Third-Party Disclosures, Clark D. Asay
Continuing Development: A Snapshot of Legal Research and Writing Programs through the Lens of the 2002 LWI and ALWD Survey, Kristin B. Gerdy
Contracts as Organizations, D. Gordon Smith and Brayden G. King
Contractually Adopted Fiduciary Duty, D. Gordon Smith
Copyright's Technological Interdependencies, Clark D. Asay
Corporate Governance and Managerial Incompetence: Lessons from Kmart, D. Gordon Smith
Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest in Their Clients in a Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt
Counselors as Gatekeepers: The Professional Responsibilities of Family Lawyers in Divorce Cases, Lynn D. Wardle
Counting the Costs of Civil Unions: Some Potential Detrimental Effects on Family Law, Lynn D. Wardle
Creation and Preservation in the Constitution of Civil Religion, Brett G. Scharffs
Criminalizing Non-Evacuation Behavior: Unintended Consequences and Undesirable Results, Brandon Curtis
Cyber Attacks: Proportionality and Precautions in Attack, Eric Talbot Jensen
Cybercrime and Punishment: The Russian Mafia and Russian Responsibility to Exercise Due Diligence to Prevent Trans-boundary Cybercrime, Daniel Ortner
Cyber Deterrence, Eric Talbot Jensen
Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen
Cyber Warfare and Precautions against the Effects of Attacks, Eric Talbot Jensen
Daily Fantasy Sports as Game of Chance: Distinction Without a Meaningful Difference?, N. Cameron Leishman
Deferral: Consider Ending It Instead of Expanding It, J. Clifton Fleming Jr.
Designing a 21st Century Corporate Tax -- An Advance U.S. Minimum Tax on Foreign Income and Other Measures to Protect the Base, Stephen E. Shay, J. Clifton Fleming Jr., and Robert J. Peroni
Direct-to-Consumer Genetic Testing: Learning from the Past and Looking Toward the Future, Stephanie Bair
Disaggregating Disasters, Lisa Grow Sun and RonNell Andersen Jones
Disentangling Flight Risk from Dangerousness, Lauryn P. Gouldin
Disposing of a Pre-Existing H.R. 10 Plan in Connection with a Post-ERISA Business Incorporation, J. Clifton Fleming Jr.
Divorce Reform at the Turn of the Millennium: Certainties and Possibilities, Lynn D. Wardle
Doctrines of Last Resort, D. Gordon Smith
Does Innovation Mean Patent Licensing Demands?, Clark D. Asay
Does the Russian Adoption Ban Violate International Law?, Christina Champenois
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, and Treaty Non-Self-Execution, David H. Moore
Eliminating Zero Tolerance Policies in Schools: Miami-Dade County Public School's approach, Jeremy Thompson
Emerging Technologies and LOAC Signaling, Eric Talbot Jensen
Eminent Domain and the Sanctity of Home, John Fee
Enabling Patentless Innovation, Clark D. Asay
Ending the IRS as We Know It: Thoughts from Outside the Beltway, J. Clifton Fleming Jr.
Entrepreneurs on Horseback: Reflections on the organization of law, D. Gordon Smith and Darian Ibrahim
Equality in Sheep’s Clothing: The Implications of anti-Discrimination Norms for Religious Autonomy, Brett G. Scharffs
Equitable Compensation for Public Trust Takings, James R. Rasband
Equity Crowdfunding—A Wolf in Sheep's Clothing: The implications of crowdfunding legislation under the JOBS Act, Sharon Yamen and Yoel Goldfeder
Erasing Lines: Let the LRW Professor without Lines Throw the First Eraser, A. Christine Hurt
Errico v. Immigration and Naturalization Serv., J. Clifton Fleming Jr.
Essay: Philemon, Marbury, and the Passive-Aggressive Assertion of Legal Authority, Paul J. Larkin Jr.
Establishing Russia's Responsibility for Cyber-Crime Based on Its Hacker Culture, Trevor McDougal
Evil Has a New Name (And a New Narrative): Bernard Madoff, A. Christine Hurt
Eviscerating the Foreign Tax Credit Limitations and Cutting the Repatriation Tax - What's ETI Repeal Got to Do with It?, J. Clifton Fleming Jr. and Robert J. Peroni
Exercising Passive Personality Jurisdiction over Combatants: A Theory in Need of a Political Solution, Eric Talbot Jensen
Expanding Our Classroom Walls: Enhancing Teaching and Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, and Alison Craig
Experience, Contractual Covenants and Venture Capitalists' Responses to Unmet Expectations, Annaleena Parhankangas, Hans Landström, and D. Gordon Smith
Exploring the Contours of a Proposed U.S. Exemption (Territorial) Tax System, J. Clifton Fleming Jr. and Robert J. Peroni
Ex-Post Incentives and IP in Garcia v. Google and Beyond, Clark D. Asay
"Family Cycles" and the Future of Family Law, Allan Carlson
Family Justice for Future Generations: Considering the Interests of Children and Future Generations in Family Law, Lynn D. Wardle
Family Law and Entrepreneurial Action, D. Gordon Smith
Federal Regulation of Wetlands in Aftermath of Supreme Court Decision in SWANCC v. United States, Gary E. Freeman and James R. Rasband
Fiduciary Discretion, D. Gordon Smith and Jordan C. Lee
Finishing the Job on Section 356(a)(2): Closing Loopholes and Providing Consistent Treatment to Boot in Tax-Free Reorganizations, Trevor Crowley
Firms and Fiduciaries, D. Gordon Smith
Forced Marriage at the Cambodian Crossroads: ECCC Can Develop a New Crime Against Humanity, Cameron Christensen
Formulary Appointment in the U.S. International Income Tax System: Putting Lipstick on a Pig?, J. Clifton Fleming Jr., Robert J. Peroni, and Stephen E. Shay
Four Problems with the Draft Restatement’s Treatment of Treaty Self-Execution, Carlos Manuel Vázquez
Four Views of the Citadel: The Consequential Distinction between Secularity and Secularism, Brett G. Scharffs
Fractured Membership: Deconstructing Territoriality to Secure Rights and Remedies for the Undocumented Worker, D. Carolina Nuñez
Framing the Debate Over Worldwide Versus Territorial Taxation, J. Clifton Fleming Jr. and Robert J. Peroni
Free Speech and Public Order Exceptions: A Case for the U.S. Standard, Asma T. Uddin
Fundamentals of the Jurisprudence of the Family: Building on Rock or Sand?, Lynn D. Wardle
Future War and the War Powers Resolution, Eric Talbot Jensen
Future War, Future Law, Eric Talbot Jensen
G8 Principles: Identifying the Anonymous, Max Biedermann
Getting Serious About Curtailing Deferral of US Tax on Foreign Source Income, Robert J. Peroni, J. Clifton Fleming Jr., and Stephen E. Shay
Guantanamo and the End of Hostilities, Eric Talbot Jensen
Guilt-Free Markets? Unconscionability, Conscience, and Emotions, Hila Keren
Hands Up at Home: Militarized Masculinity and Police Officers Who Commit Intimate Partner Abuse, Leigh Goodmark
Has the 1976 Tax Reform Act Injected a Gain-Seeking Requirement Into Section 166?, J. Clifton Fleming Jr.
How Early Stage Entrepreneurs Select Venture Capitalists, D. Gordon Smith
How to Incite Crime with Words: Clarifying Brandenburg’s Incitement Test with Speech Act Theory, Bradley J. Pew
Important” and “Irreversible” but Maybe Not “Unreviewable”: The Dilemma of Protecting Defendants’ Rights Through the Collateral Order Doctrine, Kristin B. Gerdy
Imprisonment Inertia and Public Attitudes Toward "Truth in Sentencing", Michael O'Hear and Darren Wheelock
Incentivizing and Protecting Informants Prior to Mass Atrocities Such as Genocide: An Alternative to Post Hoc Courts and Tribunals, Eric Talbot Jensen
Incentivizing Armed Non-State Actors to Comply with the Law: Protecting Children in Times of Armed Conflict, Sarah Hafen
Indefinite Detention under the Laws of War, Chris Jenks and Eric Talbot Jensen
Independent Legal Significance, Good Faith, and the Interpretation of Venture Capital Contracts, D. Gordon Smith
Initial Public Offerings and the Failed Promise of Disintermediation, A. Christine Hurt
In Loco Juvenile Justice: Minors in Munis, Cash from Kids, and Adolescent Pro Se Advocacy—Ferguson and Beyond, Mae C. Quinn
I Now Pronounce You Husband and Wives: The case for polygamous marriage after United States v. Windsor and Burwell v. Hobby Lobby Stores, Peter Nash Swisher
Inside the Border, Outside the Law: Undocumented Immigrants and the Fourth Amendment, D. Carolina Nuñez
Institutional Control and Corporate Governance, Geoffrey Christopher Rapp
Intellectual Property Law Hybridization, Clark D. Asay
Intellectual Property Law’s Plagiarism Fallacy, Gregory N. Mandel, Anne A. Fast, and Kristina R. Olson
Interactive Citation Workbook for the Bluebook: A Uniform System of Citation (2015 Edition), Tracy McGaugh Norton, A. Christine Hurt, and Jeffrey D. Jackson
Inventorying the Public Lands: Why Naming and Labeling Matter in Natural Resources Law and Management, James Rasband
Involuntary Imports: Williams v. Lutwak, the Defense of Marriage Act, Federalistm, and 'Thick' and 'Thin' Conceptions of Marriage, Lynn D. Wardle
Is it Really a Choice? How Charter Schools Without Choice May Result in Students Without a Free Appropriate Public Education, Erin Hankins Diaz J.D., M.E.
Is Using Call of Duty in this Comment Infringement?, Brittany Frandsen
Justice as a Luxury? The Inefficacy of Middle Class Pro Se Litigation and Exploring Unbundling as a Partial Solution, Deborah Beth Medows
Justice Deferred is Justice Denied: We Must End Our Failed Experiment in Deferring Corporate Criminal Prosecutions, Peter R. Reilly
Keynote Address, Orrin G. Hatch
Kirtsaeng and the First-Sale Doctrine's Digital Problem, Clark D. Asay
Law and Entrepreneurial Opportunities, D. Gordon Smith and Darian M. Ibrahim
Law as Craft, Brett G. Scharffs
Law & Entrepreneurship: Do courts matter?, D. Gordon Smith and Masako Ueda
Law(Makers) of the Land: The Doctrine of Treaty Non-Self-Execution, David H. Moore
Legal Precursors of Transaction Cost Economics, D. Gordon Smith
Legal Storytelling: The murder of voter ID, Tracy McCants Lewis
Litigation, Legislation, and Democracy in a Post-Newspaper America, RonNell Andersen Jones
Local Home Rule in the Time of Globalization, Kenneth A. Stahl
Main Street Plaza: An Opportunity to Rebuild, John Fee
Major Operational Decisions and Free Collective Bargaining: Eliminating the Mandatory/Permissive Distinction, James R. Rasband
Making the Grade: A ground-level analysis of New York State's teacher performance review under the APPR, Sabrina R. Moldt
Mapping Citizenship: Status, Membership, and the Path in Between, D. Carolina Nuñez
Marriage and Religious Liberty: Comparative Law Problems and Conflict of Laws Solutions, Lynn D. Wardle
Marriage is the Best Measure of Society's Commitment to Child Well-being, Lynn D. Wardle
Mary Wollstonecraft on Reason, Marriage, Family Life, and the Development of Virtue in A Vindication of the Rights of Woman, Paul E. Kerry
Mass Crimes Adjudication in Indonesia: Learning from the Cambodian Example, Renée Harrison
Medellin, the Alien Tort Statute, and the Domestic Status of International Law, David H. Moore
Media Politicization of the United States Supreme Court, RonNell Andersen Jones
Media Subpoenas: Impact, Perception, and Legal Protection in the Changing World of American Journalism, RonNell Andersen Jones
Mind the Gap, Charles H. Brower II
Moral Hazard and the Initial Public Offering, A. Christine Hurt
Mormonism, Originalism, and Utah’s Open Courts Clause, Jarom R. Jones
Must New York Share Ellis Island with New Jersey?: The Resolusion of a Long-Standing Sovereign Boundary Dispute, James R. Rasband
NATURAL RESOURCES LAW AND POLICY, James Rasband, James Salzman, and Mark Squillace
Natural Resources Law and Policy. Teacher's Manual, James Rasband, James Salzman, and Mark Squillace
Network Effects and Legal Citation: How Antitrust Theory Predicts Who Will Build a Better Bluebook Mousetrap in the Age of Electronic Mice, A. Christine Hurt
No Good Deed Goes Unpunished: The Lack of Protection for Volunteers Under Federal Anti-Discrimination Statutes, Lawrence D. Rosenthal
Of Breaches of the Peace, Home Invasions, and Securities Fraud, A. Christine Hurt
Off the Constitutional Map: Breaking the endless cycle of school finance litigation, Madeline Davis
Of Parcels and Property, John Fee
On Doctrinal Confusion: The Case of the State Action Doctrine, Christopher W. Schmidt
Pen or Printer: Can Students Afford to Handwrite Their Exams?, Kif Augustine-Adams, Suzanne B. Hendrix, and James R. Rasband
Plenary Power, Political Questions, and Sovereignty in Indian Affairs, Michalyn Steele
Posner, Blackstone, and Prior Restraints on Speech, Ashutosh Bhagwat
Post-Conflict Reconstruction, Eric Talbot Jensen
Presidential Pronouncements of Customary International Law as an Alternative to the Senate’s Advice and Consent, Eric Talbot Jensen
President Obama and the Changing Cyber Paradigm, Eric Talbot Jensen
Press Definition and the Religion Analogy, RonNell Andersen Jones
Preventing Preemption: Finding Space for States to Regulate Consumers’ Credit Reports, Elizabeth D. De Armond
Pricing Disintermediation: Crowdfunding and Online Auction IPOs, A. Christine Hurt
Private Ordering with Shareholder Bylaws, D. Gordon Smith, Matthew Wright, and Marcus Kai Hintze
Private Sector Corruption in International Trade: The need for heightened reporting and a private right of action in the Foreign Corrupt Practices Act, Nika A. Antonikova
Prosecuting Members of the U.S. Military for Wartime Environmental Crimes, Eric Talbot Jensen and James J. Teixeira Jr.
Protecting Gamblers or Protecting Gambling: The Economic Dimensions of Borderless Online 'Speech', A. Christine Hurt
Protection of Health-Care Providers’ Rights of Conscience in American Law: Present, Past, and Future, Lynn D. Wardle
Quasi-Constitutional Protections and Government Surveillance, Emily Berman
Questioning the Rule of Capture Metaphor for Nineteenth Century Public Land Law: A Look at R.S. 2477, James R. Rasband
RAC: A Program in Distress, Mary Squire
Raising the Bar: Establishing an Effective Remedy against Ineffective Counsel, Joseph H. Ricks
R&D Tax Incentives--Growth Panacea or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., and Robert J. Peroni
Reflections on Arizona’s Judicial Selection Process, RonNell Andersen Jones and Sandra Day O'Connor
Reform and Simplification of the U.S. Foreign Tax Credit Rules, J. Clifton Fleming Jr., Robert J. Peroni, and Stephen E. Shay
Reforming Eminent Domain, John Fee
Regulating Compensation, A. Christine Hurt
Regulating Identity: Medical Regulation as Social Control, Matt Lamkin
Regulating Public Morals and Private Markets: Online Securities Trading, Internet Gambling and the Speculation Paradox, A. Christine Hurt
Reinvigorating Tax Expenditure Analysis and its International Dimension, J. Clifton Fleming Jr. and Robert J. Peroni
Religious Freedom in Faith Based Educational Institutions in the Wake of Obergefell v. Hodges: Believers beware, Charles J. Russo
Religious Majorities and Restrictions on Religion, Brett G. Scharffs
Religious Monopolies and the Commodification of Religion, Brett G. Scharffs, Shima Baradaran-Robison, and Elizabeth A. Sewell
Renewing Progressive Taxation by Relying More on Spending, J. Clifton Fleming Jr.
Replacing the Federal Income Tax with a Postpaid Consumption Tax: Preliminary Thoughts Regarding a Government Matching Program for Wealthy Investors and a New Tax Policy Lens, J. Clifton Fleming Jr.
Resolving International Water Disputes: Lessons from American and Canadian Federalism, Aaron Worthen
Rethinking Injury: The Case of Informed Consent, Erin Sheley
Rethinking Reporter’s Privilege, RonNell Andersen Jones
Saving the Internet: Why Regulating Broadband Providers Can Keep the Internet Open, Emma N. Cano
Scoping Out the Uncertain Simplification (Complication?) Effects of VATs, BATs, and Consumed Income Taxes, J. Clifton Fleming Jr.
Scout’s Honor: The Boy Scouts, Judicial Ethics, and the Appearance of Partiality, Daniel Ortner
Secularity or Secularism: Two Competing Visions for the Relationship between Religion and the State in the New Turkish Constitution, Brett G. Scharffs
Setting the Record Straight: Sosa v. Alvarez-Machain and the Debate Over Customary International Law, David H. Moore
Singular and Plural Address in the Scriptures, James R. Rasband
Some Cautions Regarding Tax Simplification, J. Clifton Fleming Jr.
Sosa, Customary International Law, and the Continuing Relevance of Erie, Curtis A. Bradley, Jack L. Goldsmith, and David H. Moore
Sovereignty and Neutrality in Cyber Conflict, Eric Talbot Jensen
Speech Discrimination, John Fee
Standing in for the State: Defending Ballot Initiatives in Federal Court Challenges, Joshua J. Bishop
"Standing" on Formality: Hollingsworth v. Perry and the efficacy of direct democracy in the United States, Matthew Melone and George A. Nation III
State Obligations Concerning Socio-Economic Rights in Times of the European Financial Crisis, Jernej Letnar Černič
State Obligations in Cyber Operations, Eric Talbot Jensen
Still Crazy After All These Years: Understanding the Robinson-Patman Act Today, Paul Stancil
Still Fighting God in the Public Arena: Does Europe Pursue the Separation of Religion and State Too Devoutly or Is It Saying It Does Without Really Meaning It?, Vanja-Ivan Savić
Still on the Border: The Fractured Membership Rights of the Undocumented Worker, D. Carolina Nuñez
Student-on-Teacher Violence: A proposed solution, Perris E. Nelson
Symbolic Politics for Disempowered Communities: State environmental justice policies, Tonya Lewis and Jessica Owley
Tahoe-Sierra and the Denominator Issue, John Fee
Taking Cues from Congress: Judicial Review, Congressional Authorization, and the Expansion of Presidential Power, David H. Moore
Taming Madison’s Monster: How to Fix Self-Execution Doctrine, David L. Sloss
Teacher, Coach, Cheerleader, and Judge: Promoting Learning through Learner-Centered Assessment, Kristin B. Gerdy
Team Production in Venture Capital Investing, D. Gordon Smith
The Antiquities Act Monuments: The Elgin Marbles of Our Public Lands?, James R. Rasband
The Attack on Marriage As the Union of a Man and a Woman, Lynn D. Wardle
The Biological Causes and Consequences of Homosexual Behavior and Their Relevance for Family Law and Policies, Lynn D. Wardle
The Bluebook at Eighteen: Reflecting and Ratifying Current Trends in Legal Scholarship, A. Christine Hurt
The "Branding Effect" of Contracts, D. Gordon Smith
The Character of Legal Reasoning, Brett G. Scharffs
The “Constitution” of Marriage and the “Constitution” of Nations, Lynn D. Wardle
The Corporate Principal Place of Business: A Resolution and Revision, J. Clifton Fleming Jr.
The Critical Resource Theory of Fiduciary Duty, D. Gordon Smith
The Dangers of Press Clause Dicta, RonNell Andersen Jones
The Death of Deference and the Domestication of Treaty Law, Harlan Grant Cohen
The Deceptively Disparate Treatment of Business and Investment Interest Expense Under a Cash-Flow Consumption Tax and a Schanz-Haig-Simons Income Tax, J. Clifton Fleming Jr.
The Deceptively Disparate Treatment of Business and Investment Interest Expense Under a Cash-Flow Consumption Tax and a Schanz-Haig-Simons Income Tax, J. Clifton Fleming, Jr.
The Deliberation Paradox and Administrative Law, William R. Sherman
The Disintegration of Families and Children's Right to Their Parents, Lynn D. Wardle
The Disregarded Common Parentage of the Equal Footing and Public Trust Doctrines, James R. Rasband
The Duty to Manage Risk, A. Christine Hurt
The Dystopian Potential of Corporate Law, D. Gordon Smith
The "Echo Chamber Effect" in Legal Education: Considering Family Law Casebooks, Lynn D. Wardle
The Equilibrium of Violence: Accountability in the age of autonomous weapons systems, Joel Hood
The European Court of Human Rights Proclaims That It Will Neither Forgive Nor Forget Those Who Wage War, Shantel Talbot
The Exit Structure of Strategic Alliances, D. Gordon Smith
The Exit Structure of Venture Capital, D. Gordon Smith
The Fall of Marital Stability and the Rise of Juvenile Delinquency, Lynn D. Wardle
The Formal State Action Doctrine and Free Speech Analysis, John Fee
The Future of Justic Scalia's Predictions of Family Law Doom, Robert E. Rains
The Future of the Antiquities Act, James R. Rasband
The Future of the Family: The Social and Legal Impacts of Legalizing Same-Sex Marriage, Lynn D. Wardle
The Future of the Law of Armed Conflict: Ostriches, Butterflies, and Nanobots, Eric Talbot Jensen
The General Public License Version 3.0: Making or Breaking the FOSS Movement, Clark D. Asay
The Hostile Poison Pill, A. Christine Hurt
The ICJ'S Uganda Wall: A Barrier to the Principle of Distinction and an Entry Point for Lawfare, Eric Talbot Jensen
The institution of marriage and other domestic relations, Lynn D. Wardle
The International Law of Environmental Warfare: Active and Passive Damage during Armed Conflict, Eric Talbot Jensen
"The Irresistible Force Meets the Immovable Object": When Antidiscrimination Standards and Religious Belief Collide in ABA-Accredited Law Schools, Kristin B. Gerdy
The Judicial Imposition of Same-Sex Marriage: The Boundaries of Judicial Legitimacy and Legitimate Redefinition of Marriage, Lynn D. Wardle
The Jurisprudence of Parenting and the Influence of Religion on Effective Parenting, Lynn D. Wardle
The Law's Duty to Promote the Kinship System: Implications for assisted reproductive techniqes and for proposed redefinition of familial relations, Scott FitzGibbon
The Legal Academy as Dinner Party: A (Short) Manifesto on the Necessity of Inter-Interdisciplinary Legal Scholarship, Paul Stancil
The Limited Liability Partnership in Bankruptcy, A. Christine Hurt
The Modern Business Judgment Rule, D. Gordon Smith
The Obama Administration’s First Year and IHL: A Pragmatist Reclaims the High Ground, Eric Talbot Jensen and Geoffery S. Corn
The Particulate Constitution: Uncertainty and New Originalism, Elise Carter
The Peril of Paroline: How the Supreme Court Made It More Difficult for Victims of Child Pornography, Janet Lawrence
The Political Balance of Power over the Military: Rethinking the Relationship between the Armed Forces, the President, and Congress, Geoffery S. Corn and Eric Talbot Jensen
The Political Theory of Treaties in the Restatements of Foreign Relations Law, John T. Parry
The Pornographic Secondary Effects Doctrine, John Fee
The President's Unconstitutional Treatymaking, David H. Moore
The Proposed Restatement (Fourth) of the Foreign Relations Law of the United States: Treaties—Some Serious Procedural and Substantive Concerns, Leila Nadya Sadat
The Protection of Water Resources as a Justification for Self-Defense in International Humanitarian Law, Mark Tyler
The Psychology of Patent Protection, Stephanie Plamondon Bair
The Public Trust Doctrine: A Tragedy of the Common Law, James R. Rasband
The Rise of Urban Archipelagoes in the American West: A New Reservation Policy?, James R. Rasband
The Role of Humility in Exercising Practical Wisdom, Brett G. Scharffs
The Role of Shareholders in the Modern American Corporation, D. Gordon Smith
The Scope of Contractor-Subcontractor Liability in the Modern-Era of Multinational Companies, Niels Bybee
The Shanghai Cooperation Organization's Bid to Transform International Law, David Ward
The Shareholder Primacy Norm, D. Gordon Smith
The Social Relations of Consumption: Corporate Law and the Meaning of Consumer Culture, David G. Yosifon
The State of the States: The Continuing Struggle to Criminalize Revenge Porn, Justin Pitcher
The Takings Clause as a Comparative Right, John Fee
The Undercivilization of Corporate Law, A. Christine Hurt
The Unfinished Business of Section 1244: Removing the Remaining Traps, J. Clifton Fleming Jr.
The United States Parol Evidence Rule under the United Nations Convention on Contracts for the International Sale of Goods, David H. Moore
The United States Should Tax U.S. Corporations on Their Worldwide Income, J. Clifton Fleming Jr., Robert J. Peroni, and Stephen E. Shay
The Very Old New Separationism, Alan M. Hurst
The Way Forward: Underserved Clients, Underemployed Lawyers--What Can Law Schools Do?, Brett G. Scharffs
The Windfall Myth, A. Christine Hurt
Thoughts About Pursuing Diversity in Legal Education for Pedagogical Rather Than Political or Compensatory Reasons, J. Clifton Fleming Jr.
Toward a New Theory of the Shareholder Role: A sacred space in corporate transactions, Robert B. Thompson and D. Gordon Smith
Towards a Recognition and Dialogue: Secularism in Europe, Jean-Paul Willaime
Transnational Armed Conflict: A “Principled” Approach to the Regulation of Counter-Terror Combat Operations, Geoffery S. Corn and Eric Talbot Jensen
Treaties and the Presumption against Preemption, David H. Moore
Trespass and Deception, Laurent Sacharoff
Trusts No More: Rethinking the Regulation of Retirement Savings in the United States, Natalya Shnitser
Twenty-Week Abortion Bans: Ineffective, unconstitutional and unwise, Paul Benjamin Linton
Two Cheers for the Foreign Tax Credit, Even in the BEPS Era, J. Clifton Fleming Jr., Robert J. Peroni, and Stephen E. Shay
Understanding the Distinct Function of the Combatant Status Review Tribunals: A Response to Blocher, Geoffery S. Corn, Eric Talbot Jensen, and Sean Watts
Unearthing the Denominator in Regulatory Taking Claims, John Fee
Unexpected Consequences From Knock-On Effects: A Different Standard for Computer Network Operations?, Eric Talbot Jensen
United Nations Arms Trade Treaty: Russia's justifications for abstention and the treaty's effectiveness in application, Joshua D. Sorenson
Unpacking Adaptability, Andreas Engert and D. Gordon Smith
Untying the Gordian Knot: A Proposal for Determining Applicability of the Laws of War to the War on Terror, Geoffery S. Corn and Eric Talbot Jensen
Upping the Ante: Rethinking Anti-SLAPP Laws in the Age of the Internet, Andrew L. Roth
U.S. Taxation of Profits from Internet software Sales - An Electronic Commerce Case Study, J. Clifton Fleming Jr.
Utah's Grand Staircase: The Right Path to Wilderness Preservation?, James R. Rasband
Utilizing Prosecutorial Discretion to Reduce the Number of Juveniles with Disabilities in the Juvenile Justice System, Mary Willis
Venture Capital Contracting in the Information Age, D. Gordon Smith
Violence and Police Diversity: A Call for Research, Mary D. Fan
War Over Words: Reinterpreting "hostilities" and the War Powers Resolution, Eileen Burgin
Was Lake Coeur d'Alene Ever Really in Idaho? Did Congress Reserve the Lake for the Coeur d'Alene Tribe Prior to Statehood?, James R. Rasband
What Color is the Number Seven? Category Mistakes Analysis and the "Legislative/Non-Legislative" Distinction, John Martinez
What Google Can't Teach Us About IPO Auctions (and What It Can), A. Christine Hurt
What Happens Next: Metaphor in Disaster Recovery Policy, Sarah E. Jenkins
What Should the Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
What the Supreme Court Thinks of the Press and Why It Matters, RonNell Andersen Jones
When Can Courts Compel Federal Agencies to Act to Protect the Public Lands?, James R. Rasband
Who Decides? The Federal Architecture of DOMA and Comparative Marriage Recognition, Lynn D. Wardle
Whose Home on the Range? The Challenge to the Department of the Interior's Reform of Grazing Regulations, James R. Rasband
Who's to Blame? Allocating Watershed Responsibilities Among Multiple Users, James R. Rasband
Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski
Working Toward World Peace in Non-International Armed Conflict: In a world of uncertainty, terrorism, and disagreements, is it ossible?, Victoria Carlton
Worldwide Taxation vs. Territorial Taxation: Framing the Debate, J. Clifton Fleming Jr. and Robert J. Peroni
Worldwide vs. Territorial Taxation: Response to Shields, J. Clifton Fleming Jr. and Robert J. Peroni
Zero Tolerance, Threats of Harm, and the Imaginary Gun: "Good Intentions Run Amuck", Todd A. DeMitchell Ed.D, M.A., M.A.T. and Elyse Hambacher Ph.D., M.A.