Submissions from 2011
Indefinite Detention under the Laws of War, Chris Jenks and Eric Talbot Jensen (Article)
President Obama and the Changing Cyber Paradigm, Eric Talbot Jensen (Essay)
Litigation, Legislation, and Democracy in a Post-Newspaper America, RonNell Andersen Jones (Article)
Inside the Border, Outside the Law: Undocumented Immigrants and the Fourth Amendment, D. Carolina Nuñez (Article)
Echoes from the Past: What We Can Learn About Unity, Belonging and Respecting Differences from the Flag Salute Cases, Brett G. Scharffs (Symposium Article)
Four Views of the Citadel: The Consequential Distinction between Secularity and Secularism, Brett G. Scharffs (Article)
Secularity or Secularism: Two Competing Visions for the Relationship between Religion and the State in the New Turkish Constitution, Brett G. Scharffs (Chapter)
The Role of Shareholders in the Modern American Corporation, D. Gordon Smith (Chapter)
Contracts as Organizations, D. Gordon Smith and Brayden G. King (Article)
Private Ordering with Shareholder Bylaws, D. Gordon Smith, Matthew Wright, and Marcus Kai Hintze (Article)
Private Ordering with Shareholder Bylaws, Gordon Smith, Matthew Wright, and Marcus Hintze (Article)
The Legal Academy as Dinner Party: A (Short) Manifesto on the Necessity of Inter-Interdisciplinary Legal Scholarship, Paul Stancil (Article)
The Disintegration of Families and Children's Right to Their Parents, Lynn D. Wardle (Article)
The "Echo Chamber Effect" in Legal Education: Considering Family Law Casebooks, Lynn D. Wardle (Article)
The institution of marriage and other domestic relations, Lynn D. Wardle (Article)
The Jurisprudence of Parenting and the Influence of Religion on Effective Parenting, Lynn D. Wardle (Article)
The Boundaries of Belonging: Allegiance, Purpose and the Definition of Marriage, Lynn D. Wardle (Symposium Article)
The Impacts on Education of Legalizing Same-Sex Marriage and Lessons from Abortion Jurisprudence, Lynn D. Wardle (Symposium Article)
Submissions from 2010
Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 327 (1987): Addressing Tensions between the Free Exercise and Establishment Clauses, Elizabeth Clark (Chapter)
Religious Liberty and Religious Minorities in the United States, Elizabeth Clark (Chapter)
Governing the Presidential Nomination Commons, Brigham Daniels (Article)
Carl Hawkins: The Indispensable Player, J. Clifton Fleming Jr. (Article)
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 (Article)
Worldwide vs. Territorial Taxation: Response to Shields, J. Clifton Fleming Jr. and Robert J. Peroni (Article)
Reform and Simplification of the U.S. Foreign Tax Credit Rules, J. Clifton Fleming Jr., Robert J. Peroni, and Stephen E. Shay (Article)
God of Our Fathers, Gods for Ourselves: Fundamentalism and Postmodern Belief, Frederick Mark Gedicks (Article)
Michael Goldsmith, Frederick Mark Gedicks (Article)
The Recurring Paradox of Groups in the Liberal State, Frederick Mark Gedicks (Article)
Truth and Consequences: Mitt Romney, Proposition 8, and Public Reason, Frederick Mark Gedicks (Article)
Undoing Neutrality?: From Church-State Separation to Judeo-Christian Tolerance, Frederick Mark Gedicks (Article)
Regulating Compensation, A. Christine Hurt (Symposium)
The Windfall Myth, A. Christine Hurt (Article)
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 (Essay)
Pick Your Poison: Private Speech, Government Speech, and the Special Problem of Religious Displays, RonNell Andersen Jones (Article)
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, and Treaty Non-Self-Execution, David H. Moore (Essay)
Taking Cues from Congress: Judicial Review, Congressional Authorization, and the Expansion of Presidential Power, David H. Moore (Article)
The President's Unconstitutional Treatymaking, David H. Moore (Article)
Fractured Membership: Deconstructing Territoriality to Secure Rights and Remedies for the Undocumented Worker, D. Carolina Nuñez (Article)
Still on the Border: The Fractured Membership Rights of the Undocumented Worker, D. Carolina Nuñez (Article)
Inventorying the Public Lands: Why Naming and Labeling Matter in Natural Resources Law and Management, James Rasband (Chapter)
Comparative Models for Transitioning from Religious to Civil Marriage Systems, Brett G. Scharffs (Article)
Creation and Preservation in the Constitution of Civil Religion, Brett G. Scharffs (Article)
Close Enough for Government Work: The Committee Rulemaking Game, Paul Stancil (Article)
A House Divided: Same-Sex Marriage and Dangers to Civil Rights, Lynn D. Wardle (Article)
Comparative Perspectives on Adoption of Children by Cohabitating, Nonmarital Couples and Partners, Lynn D. Wardle (Article)
Counselors as Gatekeepers: The Professional Responsibilities of Family Lawyers in Divorce Cases, Lynn D. Wardle (Article)
Fundamentals of the Jurisprudence of the Family: Building on Rock or Sand?, Lynn D. Wardle (Article)
Marriage and Religious Liberty: Comparative Law Problems and Conflict of Laws Solutions, Lynn D. Wardle (Article)
Protection of Health-Care Providers’ Rights of Conscience in American Law: Present, Past, and Future, Lynn D. Wardle (Article)
The “Constitution” of Marriage and the “Constitution” of Nations, Lynn D. Wardle (Article)
The Judicial Imposition of Same-Sex Marriage: The Boundaries of Judicial Legitimacy and Legitimate Redefinition of Marriage, Lynn D. Wardle (Article)
Who Decides? The Federal Architecture of DOMA and Comparative Marriage Recognition, Lynn D. Wardle (Article)
The NCAA and Religion: Insights About Non-State Governance from Sunday Play and End Zone Celebrations, Kevin J. Worthen (Article)
Submissions from 2009
An Evaluation of Utah’s Greenhouse Gas Reduction Options: An Analysis Performed by the Nicholas Institute for Environmenal Policy Solutions for the State of Utah, Brigham Daniels and Etan Gumerman (Report)
Unpacking Adaptability, Andreas Engert and D. Gordon Smith (Symposium)
The Pornographic Secondary Effects Doctrine, John Fee (Article)
American Civil Religion: An Idea Whose Time is Past, Frederick Mark Gedicks (Article)
An Originalist Defense of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, and the Fifth Amendment, Frederick Mark Gedicks (Article)
Atmospheric Harms in Constitutional Law, Frederick Mark Gedicks (Article)
Originalist Roots of Substantive Due Process, Frederick Mark Gedicks (Article)
Evil Has a New Name (And a New Narrative): Bernard Madoff, A. Christine Hurt (Symposium)
Cyber Warfare and Precautions against the Effects of Attacks, Eric Talbot Jensen (Article)
The Obama Administration’s First Year and IHL: A Pragmatist Reclaims the High Ground, Eric Talbot Jensen and Geoffery S. Corn (Article)
Afghanistan Legal Lessons Learned: Army Rule of Law Operations, Eric Talbot Jensen and Amy M. Pomeroy (Article)
Media Subpoenas: Impact, Perception, and Legal Protection in the Changing World of American Journalism, RonNell Andersen Jones (Article)
Managing Agricultural Water Use During Drought: An Analysis of Contemporary Policies Governing Georgia's Flint River Basin, Mark Masters, Ronald Cummings, Brigham Daniels, Kristen Rowles, and Douglas Wilson (Article)
Law(Makers) of the Land: The Doctrine of Treaty Non-Self-Execution, David H. Moore (Article)
Medellin, the Alien Tort Statute, and the Domestic Status of International Law, David H. Moore (Essay)
Regulating Climate: What Role for the Clean Air Act?, James Salzman, Brigham Daniels, Hannal Polikov, and Tim Profeta (Article)
Three Assumptions Lawyers Must Never Make, Brett G. Scharffs (Be Professional)
Legal Precursors of Transaction Cost Economics, D. Gordon Smith (Essay)
Balancing the Pleading Equation, Paul Stancil (Article)
Religiously Affiliated Law Schools: An Added Dimension, Kevin J. Worthen (Be Ethical)
The Essence of Lawyering in an Atmosphere of Faith, Kevin J. Worthen (J. Reuben Clark Law School)
Submissions from 2008
The General Public License Version 3.0: Making or Breaking the FOSS Movement, Clark D. Asay (Article)
California, Climate Change, and the Constitution, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta, Christopher H. Schroeder, and Neil S. Siegal (Article)
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 (Article)
Breaking Commons Cartels, Brigham Daniels (Presentation)
Revitalizing Zion: Nineteenth-Century Mormonism and Today’s Urban Sprawl, Brigham Daniels (Article)
Is an Exemption from U.S. Groundwater Regulations a Loophole or a Noose?, Brigham Daniels, Erika Weinthal, and Blake Hudson (Article)
Reinvigorating Tax Expenditure Analysis and its International Dimension, J. Clifton Fleming Jr. and Robert J. Peroni (Article)
Indeterminacy and the Establishment Clause, Frederick Mark Gedicks (Article)
Three Questions About Hybrid Rights and Religious Groups, Frederick Mark Gedicks (Article)
Clients, Empathy, and Compassion: Introducing First-Year Students to the Heart of Lawyering, Kristin B. Gerdy (Article)
Initial Public Offerings and the Failed Promise of Disintermediation, A. Christine Hurt (Symposium)
The Undercivilization of Corporate Law, A. Christine Hurt (Article)
Exercising Passive Personality Jurisdiction over Combatants: A Theory in Need of a Political Solution, Eric Talbot Jensen (Article)
Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media, RonNell Andersen Jones (Article)
Reflections on Arizona’s Judicial Selection Process, RonNell Andersen Jones and Sandra Day O'Connor (Article)
The Dystopian Potential of Corporate Law, D. Gordon Smith (Article)
Organizational Perspectives on Contracts, Gordon Smith and Brayden King (Article)
Assessing Interest Groups: A Playing Field Approach, Paul Stancil (Article)
A Response to the "Conservative Case" for Same-Sex Marriage: Same-Sex Marriage and "the Tragedy of the Commons", Lynn D. Wardle (Article)
From Slavery to Same-Sex Marriage: Comity Versus Public Policy in Inter-jurisdictional Recognition of Controversial Domestic relations, Lynn D. Wardle (Article)
Submissions from 2007
Sosa, Customary International Law, and the Continuing Relevance of Erie, Curtis A. Bradley, Jack L. Goldsmith, and David H. Moore (Article)
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 (Article)
Understanding the Distinct Function of the Combatant Status Review Tribunals: A Response to Blocher, Geoffery S. Corn, Eric Talbot Jensen, and Sean Watts (Response or Comment)
Emerging Commons and Tragic Institutions, Brigham Daniels (Article)
Uncivil Religion: Judeo-Christianity and the Ten Commandments, Frederick Mark Gedicks and Roger Hendrix (Article)
Of Breaches of the Peace, Home Invasions, and Securities Fraud, A. Christine Hurt (Symposium)