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CRAIG J. ALBERT
The Coming Wars In (Name Your State)
How To End The Election Stalemate? With A Bush-Lieberman Administration
PETER LEWIS ALLEN
The Birth of the Helms Amendment
MARK ALLENBAUGH
The Supreme Court’s New Blockbuster U.S. Sentencing Guidelines Decision:
DIPANWITA DEB AMAR
Does The Americans With Disabilities Act Require An Employer To Work With A Disabled Employee To Find An Accommodation?: The Lingering Question Of The “Interactive Process” Requirement
LOUIS KLAREVAS AND HOWARD S. SCHIFFMAN
The Supreme Court Considers the Rights of Foreign Citizens Arrested in the United States:
AARON EDLIN AND IAN AYRES
Why Legislating Low Tuitions for State Colleges Is a Mistake
KRISTEN CLARKE-AVERY AND M. DAVID GELFAND
Voting Rights Challenges in a Post-Katrina World:
ANUPAM CHANDER AND MADHAVI SUNDER
Apple Rips While Grokster Burns: How MGM v. Grokster Benefits Information Technology Companies
KRISTIN ARMSHAW
Why Every State Should Have a Jury Patriotism Act:
IAN AYRES
A Viable Alternative To Breaking Up Microsoft: Compulsory Licensing That Would Make Microsoft Compete With Its Past Self
BARBARA BABCOCK
Real Revolution
BOB BARR
Can We Protect Our Privacy Through Legal Solutions? Or Is Technology Now Beyond Our Control?
Is It Time to Reform Intelligence Reform?
JOHN Q. BARRETT
Doing TV Justice to Nuremberg?
BARBARA BERNIER
Including African-Americans in the Rebuilding of New Orleans:
The Terry McMillan Divorce Case: Will She Get an Annulment? Will He Split Her Book and Film Money?
SETH BLOOM
Play it Again, Woody
ALAN BROWNSTEIN
More On President Bush’s Proposed Same-Sex Marriage Amendment: Part Two of a Series on Wise and Unwise Constitutional Amendments
President Bush’s Proposed Same-Sex Marriage Amendment: Part One in a Series on Wise and Unwise Constitutional Amendments
How Federalism Doctrine Can Acquire Bipartisan Appeal: The Constitutional Values That Transcend Political Change
The Constitutional Doctrines that Won’t Change, Even If the Supreme Court Does
Conduct Unbefitting the Congress: The So-Called Pledge Protection Act Passed by the House of Representatives
Can States Constitutionally Regulate Video Games, As California Is Considering Doing? The First Amendment Framework That Would Probably Apply
Comparing and Contrasting Two Recent Church-State Cases Before the U.S. and California Supreme Courts
A Mixed Verdict on the California Supreme Court’s Decision: Part Three of a Series on the Recall
An Important Part of the California Recall Process Is Unconstitutional, According to U.S. Supreme Court Precedent
The Importance of Looking to Government Motive and Purpose: Why Intent Matters Both In the University of Michigan Affirmative Actions Cases, And Iraq War Arguments
NEIL H. BUCHANAN
Are Taxes on Dividends Really “Double Taxation,” As President Bush Claims? Why the Answer Is No- And Why That is the Wrong Question to Ask, Anyway
The Appropriate Limits Of Nonpartisanship In A Crisis: Why The President’s Mandate Does Not Cover The Capital Gains Tax Cut And Other Proposals
The Trillion-Dollar Breach Of Contract: Social Security And The American Worker
Making Microsoft Play Nice?: Why “Conduct Remedies” Won’t Work, And A Breakup Should Be Reconsidered
The D.C. Circuit’s Gift To Microsoft
Is Your Vote A Contract With The Government?
ALAFAIR BURKE
The New, New Federalism?
An Alternative Way to Secure Iraq
U.S. REPRESENTATIVE HOWARD L. BERMAN
The Truth About The Peer To Peer Piracy Prevention Act: Why Copyright Owner Self-help Must Be Part Of The P2P Piracy Solution
PHILLIP CARTER
Superior Orders: Will the Defense Work for PFC Lynndie England,
Trying Saddam
ELAINE CASSEL (See Bio Page)
ANUPAM CHANDER
Illegal Art? The Artists’ Group Superflex Co-Opts Global Trademarks
This Penguin May Bite
Penguin on Thin Ice? Why IBM Should Win in the Fight to Save Linux
Secrets and Lies: How Secret Bidding and the Shut-Out of Foreign Corporations in Iraqi Reconstruction Violates International Trade Principles
The Fight Over Patent Protection for Pharmaceuticals: A Major Ongoing International Negotiation Will Set the Rules
Next Stop, KaZaAkhstan?: The Legal Globe-Trotting of KaZaA, The Post-Napster File Sharing Company
Liberating Afghanistan But Yielding Freedoms At Home: Reflections On The Year Since September 11
Verizon’s Solution In The Napster Debate – Mandated Sharing For A Fixed Price
Guantanamo And The Rule Of Law: Why We Should Not Use Guantanamo Bay To Avoid The Constitution
Copyright “Criminals”: How The Sklyarov Case Exposes The Power Of The Copyright Lobby
The New York Times And Napster: How The Supreme Court’s Ruling In Favor Of Freelance Writers
GUY-URIEL CHARLES
Why the Federal Election Commission Should Not Limit Contributions to Political Issue Organizations
Should Single-Member Districting Be Held Unconstitutional?
ERWIN CHEMERINSKY
Why California’s Proposed Racial Privacy Initiative Is Not Only Unwise, But Also Unconstitutional And Potentially Fiscally Damaging for the State
The Court’s Recent, Controversial Cross-Burning Ruling, And Why It Was Correct
A Question The Supreme Court Will Soon Decide: Can Disabled Individuals Sue State Governments for Discrimination In Their Services, Programs, and Activities?
TIM CHENEY
The Golden Rule and the Move to Repeal the So-called “Death Tax”
RODGER CITRON
The Continuing Cost Of The S&L Crisis
ROGER CLEGG
The Destructiveness Of Continuing Desegregation Orders: What Happens When The School You Go To Depends On The Color Of Your Skin
Not The Tenth Justice, But The President’s Lawyer
RANDOLPH COHEN
Playing the Percentages
The Topology of Bodies
The Algebra of True Love
MARJORIE COHN
How the Bush Administration’s Opposition to the International Criminal Court Has Put Peacekeepers and Others in Danger
Why The U.N. General Assembly Has Authority To Speak on the War on Iraq In the Event of Security Council Stalemate
JAMISON COLBURN
Drilling in the Arctic National Wildlife Refuge:
The Yucca Mountain Radioactive Waste Site Controversy:
The Yucca Mountain Radioactive Waste Site Controversy:
RUSSELL COVEY
The Perils of Bounty Hunting: Duane Lee “Dog” Chapman’s Possible Extradition Fight
The Need For Clarity In Assessing The Terrorist Acts: Why The Acts May Or May Not Constitute War, Crimes, And War Crimes, And Why Definitions Matter
R. TED CRUZ
A Summary of the Brief Filed by Governor Bush
GREGORY CONKOHENRY, HENRY MILLER
The Stupidity Principle
WALTER DELLINGER
School Prayer and Football
ALAN DERSHOWITZ
A Tribute to Joseph Goldstein
THOMAS M. DOYLE
A Legal Apocalypse
PAUL DUEFFERT
When Privacy Kills
ANTHONY DWORKIN
The Limits on How POWs Can Be Portrayed – And Why Both Iraq and Embedded Journalists May Be Testing Them
Revising the Laws of War to Account for Terrorism: The Case Against Updating the Geneva Conventions, On the Ground That Changes Are Likely Only to Damage Human Rights
Saddam In The Dock: The Options For A Future War Crimes Prosecution Of The Iraqi Dictator
The Response From Britain, And The Need For The U.S. To Take A More Multilateral Approach To Terrorism
AARON EDLIN
Microsoft’s Billion-Dollar California Consumer Settlement: Coupons for Plaintiffs, Cash for Lawyers, A Cheap Solution For Microsoft
A Viable Alternative To Breaking Up Microsoft: Compulsory Licensing That Would Make Microsoft Compete With Its Past Self
How A New Auto Insurance Law Could Ease Our Dependence On Oil, By Giving Drivers A Choice
The American Airlines Case: Why Airplane Ticket Prices May Soar Unless Courts Step In
GARRETT EPPS
The Death of Consistency
WILLIAM N. ESKRIDGE, JR.
Quasi-Marriage Option
DEAN G. FALVY
The Limits of Free Speech in the Military: Can Public Expressions of Discontent by U.S. Troops in Iraq Be Punished?
What Would Grotius Do? The Founder of International Law Speaks Out on Iraq
No Justice Tonight: The Punk Jurisprudence of The Clash
Something Rotten In The State Of France: How An Electoral System’s Hidden Flaws Let Le Pen Play The Spoiler
A Tale of Two Cases: Why France Said “Non” to the Logic of Clinton v. Jones
Koizumi Rocks The Boat: Why Tinkering With The Constitution’s “Peace” Clause Could Torpedo Japan’s Prime Minister
JAMES FANTO
A Retrospective On 2002’s Corporate Scandals: Responses Have So Far Failed To Target The Crucial Problem Of Executive “In-Groups”
The Recent Decision On The Hewlett-Packard/Compaq Mega-Merger: How The Court Ignored The Psychological Reality Of Over-Optimistic CEOs
BRYAN FINE
Book Review Of Brad Meltzer’s “The First Counsel”
DAVID R. FINE
A Recent Supreme Court Punitive Damages Decision Unites Usually-Opposed Justices On the Need for More Guidance In This Area
GEORGE P. FLETCHER
War Crimes Proceedings In Iraq? The Bush Administration’s Dilemma
Should One Nation Be Able to Judge the Entire World? Belgium’s Prosecution of Ariel Sharon, and Other Invocations of “Universal Jurisdiction”
The Cliché That “The Constitution Is Not A Suicide Pact”: Why It Is Actually Pro-, Not Anti-, Civil Liberties
Did The Security Council’s Recent Iraq Resolution Violate The U.N. Charter By Authorizing Unilateral Force? And If So, What Are The Consequences?
If The President Orders An Attack Of Iraq Without Security Council Approval, Can Injured Iraqis Sue The President In U.S. Courts?
How Would The Bush Administration’s Claims Of Self-Defense, Used As Justifications For War Against Iraq, Fare Under Domestic Rules Of Self-Defense?
CHRISTINE FLOWERS
The Difficulties Immigrants Face in the Post-9/11 World: How the War on Terrorism Has Changed Their Legal Status
STEVEN Z. FREIBERGER
A Wish List for Post-War Iraq: Can the U.S. Get Back International Support By “Winning the Peace”?
What Should Be Done About Terrorism?: Some Questions, And Some Answers
The First Forty-Eight Hours After The Attacks: A History Teacher Considers What to Tell His Students
PHILIP GAGNER
The Bush Administration’s Claim That Even Citizens Can Be Brought Before Military Tribunals, And Why It Should Never Be Put Into Practice
M. DAVID GELFAND
The Need for Caution, Creativity, and Cooperation in Rebuilding New Orleans After the Flood Waters Recede
LAUREN GELMAN
The Silver Lining of the Janet Jackson Incident:
Does Howard Dean’s Third-Place Finish in Iowa Rebut the “Internet Election” Concept?
SCOTT GERBER
Harriet Miers and the Myth that Great Supreme Court Justices Must Be Former Judges from Elite Law Schools
The Radicalization of American Legal Education: Why the Left’s Dominance Is Bad for Law Schools and the Law
JACK GOLDSMITH
State Foreign Policies After Burma
MICHAEL GOLDSTEIN
Handicapping Tiger
NICOLE BELSON GOLUBOFF
Passing Terrorism Insurance Legislation: How Telework And Flextime Work Arrangements Can Help
Helping New York Recover: Removing An Unfair Tax On Telecommuters
JOEL GROSSMAN
The 200th Anniversary of Marbury v. Madison: The Reasons We Should Still Care About the Decision, and The Lingering Questions It Left Behind
Careless With The Constitution? The Problem With Military Tribunals
Impeach Gary Condit? Why It Can’t- Or Won’t- Be Done, And What Congress Could Do Instead
LUCAS GUTTENTAG
Immigration Man
SHAHRIAR HAFIZI
US-VISIT, The Program to Digitally Photograph and Fingerscan U.S. Visitors:
What if a Shi’ite Group Wins Elections in Iraq? The Possible Role of Clerics, and the Issues It Raises
JUDITH HAGLEY
When Law Goes Pop
CHRIS HANSEN
Troubling Blocking Software
RICHARD L. HASEN
The Ripple Effects of the FEC’s Rules on Political Blogging:
Learning from the California Recall Experience: What the Unprecedented Election Tells Us About our Laws Governing Politics
The California Gubernatorial Recall Debate and the Courts: Why Litigation Has Begun (and Likely Will Continue)
GRANT HAYDEN
Majority-Minority Voting Districts and Their Role in Politics:
Will The New Help America Vote Act Prevent A Repeat Of The 2000 Florida Fiasco? Why It’s Controversial
Should Tiny Deviations From “One Person, One Vote” Be Struck Down? States Face The Question Of How Precisely Equal Districts Must Be
TOM HENTOFF
Even After The Terrorist Attacks, The Press’s Newsgathering Privilege Must Be Respected
Holey Archives
WENDY HERDLEIN
Blue Plate Special
LAURA HODES
Caterpillar Versus Disney
The Recent California Decision On Intel and Email: Less Significant Than It May Seem
The California DVD Case: An Important Personal Jurisdictional Ruling Restricts Where the DVD Industry Can Sue For Alleged Internet Trade Secret Infringement
Privacy And Paternity: The Controversial Florida Law That Requires Single Mothers To Publish Their Sexual Histories
Why 2600 Magazine Is Not Going All The Way To The Supreme Court With Its Digital Music Copyright Act Challenge
Are “Abortion Cam” Websites, Which Post Photos Of Women Entering Abortion Clinics, Privacy-Violating Or First Amendment-Protected?
The Tattered Cover Case: A Limited Victory For Bookstores Seeking To Protect Customers’ Purchase Records
The Power Of Parody, Puppets, And Political Statements: Were The Bert/Bin Laden Posters Protected Parody, Or Copyright Infringement?
Assessing The Anti-Terrorism Act, And Defending Carnivore: How The Internet Can Become A Tool To Fight Terrorism
Adobe’s Reversal Of Its Position On The “Hacker” That Cracked Its E-Books: Proof That The Digital Millenium Copyright Act Needs To Change
DAVID L. HUDSON JR.
Why Two Federal Appeals Courts Were Right To Strike Down Limitations On Inmate Visits — One Of Which Unfairly Targeted Gay Inmates
Why The Jehovah’s Witnesses Should Win Their Supreme Court First Amendment Challenge To A City Anti-Canvassing Ordinance
DAVID L. HUDSON, JR.
Silencing Student Speech — And Even Artwork — in the Post-Columbine Era:
ANDREW HYMAN
Abortion And Free Speech: Applying The “Prior Restraint” Doctrine To Abortion Law
SCOTT IDLEMAN
Terrorism, Liberty, And Community: Why We Need a Stronger Focus On the Common Good
D. MARK JACKSON
Why the First Amendment Protects a New England Dairy’s Right to Use a Milk Label Proclaiming Its Product To Be Growth-Hormone-Free
Why A Recent Supreme Court Decision Erroneously Abridges Immigrants’ Rights, And Warns of Dangers to Civil Liberty Arising Out of the War on Terrorism
Does United States Policy Undermine the Goal of War Crimes Trials for Iraqi Leaders?
Has Attorney General John Ashcroft, In Alleged Terrorism Cases, Violated Government Ethics Rules Governing Prosecutors’ Comments About The Accused?
SHAVAR D. JEFFRIES
Can A Pregnant Woman Who Kills To Protect Her Unborn Children Ask A Jury To Acquit Her On A “Defense Of Others” Theory? A Recent Michigan Case Says Yes
What’s Wrong With California’s Racial Privacy Initiative: Why The Government’s Simply Declining To Collect Or Use Racial Data Is No Solution To Racial Discrimination
KEVIN R. JOHNSON
A Defense of the Estrada Filibuster: A Judicial Nominee That the Senate Cannot Judge
The First Latino Supreme Court Justice? What The Controversial Nomination Of Miguel Estrada To A Federal Appeals Court Seat
SAM KAZMAN AND HENRY I. MILLER
Federalize In Haste, Repent At Leisure: Why Vaccine Production Should Stay In The Private Sector
ERIC KADES
A Bug’s Life
NEAL KATYAL
Why the Eleven-Judge Ninth Circuit Panel Should Affirm The Original Panel Decision to Postpone the California Recall
JULIETTE KAYYEM
Which War on Terrorism? America Will Not Be As Effective If It Continues to Pursue Multiple Targets, Rather than Focusing on Al Qaeda
The Sentencing of “Shoe Bomber” Richard Reid: Its Larger Significance for Terrorism Cases andThe “War on Terrorism” In General
HOWARD KING
Why Metallica Sued Napster
LOUIS KLAREVAS
Will the Precedent Set by the Indictment in a Pentagon Leak Case Spell Trouble for Those Who Leaked Valerie Plame’s Identity to the Press?
Jailing Judith Miller: Why the Media Shouldn’t Be So Quick to Defend Her, And Why a Number of These Defenses Are Troubling
The Decision Dismissing the Lawsuit Against Vice President Dick Cheney:
The Supreme Court Considers the Rights of Foreign Citizens Arrested in the United States
DOUGLAS KMIEC
Whether or Not Congress Acts, The Supreme Court Should Rehear and Remand Kelo,
Why John Roberts Will Be a Superb Justice: Like Justice O’Connor At Her Best, He Respects Constitutional Limits
IRWIN R. KRAMER
The Donald’s New Game of Trademark Monopoly:
JULIAN KU
Choosing Between Constitutional and International Law: Why the United States May Have Good Reason To Ignore the Recent World Court Order
MEI LIN KWAN-GETT
Why We Are Learning Information About The Grand Jury Investigation Into The September 11 Attacks Despite Grand Jury Secrecy Rules
LUNDY LANGSTON
Why Hurricane Katrina’s So-Called Looters Were Not Lawless: They Are Entitled to the Well-Established Defense of Necessity
NOAH LEAVITT
Saddam’s Upcoming Trial: How Can Justice Be Served?
Danger Ahead?: Why America’s Governors are Declaring States of Immigration Emergency and Why Congress Should Listen, and Act
BRIAN LEHMAN
How Misinterpretation of an Important Federal Securities Fraud Statute Led to the Dismissal of the Case Against Former MCI WorldCom Executives
Can You Sue Someone In Fifty Words Or Less? Why Plaintiffs’ Lawyers Ignore The Supreme Court’s Instructions To Keep Complaints Brief
Abusing the Material Witness Statute: Why Detaining Grand Jury Witnesses Violates The Fourth Amendment
Does Discrimination Against Gay Men and Lesbians Count As Sex Discrimination? The Supreme Court May Soon Give An Answer
JARED LELAND
Why Punitive Damages Awards Against Religious Institutions Are Unconstitutional
DONNA LENNON
Reforming Prison Reform
MARK LEVINE
The Court’s “Gore Exception” (A.K.A. The Famous Q&A E-Mail)
SANFORD LEVINSON
Secession and the Future of Iraq: Should the Kurds, and Others, Be Able to Withdraw to Create Their Own Nations?
Legal Analysis, Underlying Motivation, And Political Correctness: Looking Beyond And Beneath Lawyers And Politicians’ Asserted Justifications For Action
A Dialogue With The People, Or A Juricentric View Of The World? Why The Supreme Court Should Be Televised When It Announces Its Opinions
What Is The Constitution’s Role In Wartime?: Why Free Speech And Other Rights Are Not As Safe As You Might Think
Bombs Bursting In Air, And Our Flag Still There: Why A Small Island Near Puerto Rico May Be The Harbinger Of A Constitutional Crisis
The Twelfth Amendment: A Time Bomb
ANN CHIH LIN
Review of NewJack: Guarding Sing Sing
DAHLIA LITHWICK
Summer of Self-Help: Ornery Citizens Thwart the Court
Devil’s Advocate
The Chief Justice and the 1999 Term
Supreme Court Dispatch
Deciding How To Divide Children’s Time
DAVID LUNDSGAARD
Timing is Everything: The Supreme Court Tightens the Rules for Proving Harm in Securities Fraud Suits
BETH LYON
Secret Evidence
JOSHUA MARQUIS
Prosecutor-Bashing by Criminal Defense Lawyers, Defendants, and Commentators
JAME MARSH
How Should the Law Respond When Children Die, Or Are Injured, In Foster Care? Even Limited Immunities for Foster Parents Are Dangerous
RANDOLPH J. MAY
A Revolution That Has Yet To Occur: Why Deregulation Is The Only Solution For A Telecom Industry In Crisis
LINDA MCCLAIN
The “Girlie Men” Slur and Similar Insults: How They Show the Persistence of Sex-role Stereotypes
The Bush Administration’s Plan To Promote Marriage, And Why It Takes The Wrong Approach
BARR MCCLELLAN
When It Comes To History, The Public Ought to Hear the Facts and Decide:
HENRY MILLER
Federalize In Haste, Repent At Leisure: Why Vaccine Production Should Stay In The Private Sector
A Strong Bush Prescription Is Needed To Cure An Overactive FDA
Children of the Corn
The New Biotechnology’s Crazed Critics
A Tough Pill To Swallow
The Stupidity Principle
MARTHA MINOW
The Law of Forgiving
CYNTHIA MONACO
Why Does Hollywood Always Get The Law Wrong? Some Blockbusters And Their Legal Bloopers
DENISE MORGAN
Deregulating Education In The United States, From Vouchers To Home Schooling To The End Of Voluntary Desegregation: Is The Cost Too High?
TREVOR MORRISON
Overlooked in the Tort Reform Debate: Abusive Litigation by Defendants
Must U.S. Supreme Court Nominees First Serve on Federal Courts of Appeals? The Case of Janice Rogers Brown
The San Francisco Dog-Mauling Case: Why The Judge Was Right To Throw Out The Murder Count, And The Prosecutors Were Wrong To Bring It
Why It Was Improper For The Department Of Justice To File An Amicus Brief In Support Of A Law Banning “Partial-Birth” Abortion
The Supreme Court And Immigration Law: A New Commitment To Avoiding Hard Constitutional Questions?
A Review Of Amy Gutman’s Legal Thriller, Equivocal Death
Take the Money and Run
RICHARD MCGILL MURPHY
What The Cameras Leave Out:
A War That Is Much More Than A Clash Of Abstractions
Think First, Bomb Later: Why A Strike Against Afghanistan Would Actually Help Bin Laden
IAN MYLCHREEST
The Influence Of The Declaration Of Independence Through History: How American Politicians, And The Supreme Court, Have Invoked It
Mr. Ashcroft, Meet Mr. Palmer: Some Lessons For The Attorney General (and All Of Us) From The 1919-20 Terrorist
J. PAUL OETKEN
Assisted Suicide And Democracy: Why An Oregon Federal Judge Was Right To Overturn Attorney General Ashcroft’s Assisted Suicide Decision
FRANK PARTNOY
What Dogs Can Teach Us About Securities Regulation: Why Fining Two Mutual Funds For “Window Dressing” Was A Mistake
Beating Regis
CHRISTOPH G. PAULUS
When Countries Go Bankrupt: The Virtues And Flaws Of The International Monetary Fund’s Proposal Of An Insolvency Law For Nation-states
MARGIE PHELPS
Suing Over RU486
ANTHONY PICARELLO AND ROMAN STORZER
When Land Use Issues Are Also Religious Freedom Issues: The Religious Land Use and Institutionalized Persons Act of 2000 and the Four Constitutional Commandments of Zoning
RANDY PICKER
Napster and Metallica: A Third Way
DAVID G. POST
Juries in Cyberspace – Part I
Juries in Cyberspace – Part II
Jefferson’s Moose – Part I
Jefferson’s Moose – Part II
Q & A WITH LAURENCE PULGRAM
Napster’s Story
JESSELYN RADACK
Why the “Paul Revere Freedom to Warn” Act Should Be Passed, to Better Protect National Security Whistleblowers:
The Government’s Long-Term Plan for Terror Suspects:
RAJA RAGHUNATH
Can The “Odious Debt” Incurred By Leaders Like Saddam Be Forgiven? Developing Nations May End Up Paying Anyway
ANITA RAMASASTRY (See Bio Page)
GEOFFREY RAPP
Betting On Your Own Team, In The World Of Baseball And The Corporate World: Is Pete Rose Really as Evil as Ken Lay?
Is Eminem Really Any Worse Than Mark Twain? The FCC May Think So, But It’s Wrong
Who Owns Barry Bonds’s Million-Plus-Dollar Baseball? A Fight Between Fans Is In Court, But Neither Side Should Win
KAL RAUSTIALA
Restoring Iraqi Sovereignty:
Does the Constitution Follow the Flag?: Iraq, the War on Terror, and the Reach of the Law
Eat, Drink And Be Wary: Why the U.S. Should Oppose the WTO’s Extending Stringent Intellectual Property Protection of Wine and Spirit Names to Other Products
PETER J. RUBIN
Conservative Jurists And The Myth Of “Strict Constructionism”
KURT RUSSELL
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ANTHONY PICARELLO AND ROMAN STORZER
When Land Use Issues Are Also Religious Freedom Issues: The Religious Land Use and Institutionalized Persons Act of 2000 and the Four Constitutional Commandments of Zoning
NOAH SACHS
The Supreme Court Decision To Let Mexican Trucks Roll:
Muddy Waters:
AUSTIN SARAT
Governor Perry, Governor Ryan, and The Disappearance of Executive Clemency in Capital Cases:
Governor Ryan’s Decision To Empty Illinois’ Death Row: A Clear Sign of America’s New Abolitionism with Respect to the Death Penalty
Austin Sarat Does Timothy Mcveigh Deserve A Painless Death?
Why Timothy Mcveigh’s Execution Should Be Televised
JONATHAN M. SCHOENWALD
Reforming The FBI After September 11: Lessons From The 1960s
PAUL SCOTT
Can Doctors Resort to Self Help to Screen Out the Litigious?
MATTHEW SEGAL
Violence Against Judges: Why it Occurs and What We Can Learn from it
Americans’ Views on Supreme Court Tenure, Abortion, and Gay Marriage:
A Federalism Role Reversal? Conservatives and Liberals Switch Sides In the Power Struggle Between States and Feds
Pre-Crime? What the Film Minority Report Can Teach Us About the Three Key Rules of Preemptive War
JAY SEKULOW
School Prayer Quagmire
CATHERINE SHARKEY
Governor Schwarzenegger Pumps Up Tort Reform:
RICK SHENKMAN
Why Supreme Court Nominations Fail: Six Unsuccessful Bids That Played Into The Culture Wars
RICHARD K. SHERWIN
The Notorious Adultery Trial of the Reverend Henry Ward Beecher
NATHAN SIEGEL
Why Police Officer Charles Schwarz, Convicted In The Abner Louima Case, Deserves A New Trial
ERIC SINROD
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MONTY SMITH
A Recent Exoneration Underlines a Basic Truth
JONNA M. SPILBOR
The Murder of Pamela Vitale, Famed Defense Attorney Daniel Horowitz’s Wife: Though a Suspect is Now in Custody, He May Get Off on A Reasonable Doubt Defense
When The Jury Has Spoken, But Won’t Shut Up: How the Jackson Jurors’ Book Deals Broke the Law, and How We Can Avoid Having Jurors Undermine Their Own Verdicts
Inside David E. Kelley’s New Reality Show, The Law Firm: Life? Or Something Like It?
The Not Guilty Verdicts in the Michael Jackson Case: Was Justice Served, or Thwarted?
The Testimony of Michael Jackson’s Former Attorney, Mark Geragos:
The Ruling in the Michael Jackson Case Allowing Testimony About Past Molestation Allegations:
When the Key Witness Is a Kid: Preparing Prospective Jurors in the Case Against Michael Jackson
Cashing-In from High-Profile Criminal Trials:
Will Scott Peterson Ultimately Be Executed?
Guilt Beyond a Visceral Doubt?:
The Sexual Harassment Case Against Fox News’s Bill O’Reilly:
The Kobe Bryant Case: Why Prosecutors Should Dismiss It,
Looking for Clues in All the Wrong Places: Why the D.A.’s Search of Michael Jackson’s P.I.’s Office Was Unlawful,
The Scott Peterson Trial:
The Michael Jackson Case:
The Case Against Jayson Williams:
The Star Witness In the Martha Stewart Case:
What If Kobe Bryant Has Been Falsely Accused?
The Changing Tide in the Defense Of Scott Peterson:
The Recent, Mistaken Ruling in the “Beltway Sniper” Case:
Guilty Until Proven Innocent?:
Out on Bail, and Out of Jail Forever?
The Disappearance of Laci Peterson:
PETER SPIRO
The Post 9/11 Legal Landscape:
SARS and the Law: Challenges at the Border and in the Backyard
Baghdad: Last Stop for Bush Administration’s Preemption Doctrine
The End Of The “War” (And Of War As We Know It): Deploying A Law Enforcement Model In The Fight Against Terrorism
Not War, Crimes
CHRIS SPRIGMAN
The Federal Government’s Strange Cyber-Defamation Case Against Bret McDanel:
Hacking for Free Speech: A New Breed of “Hacktivists” Takes on Internet Censorship
Why Grokster and Morpheus Won, Why Napster Lost, and What the Future of Peer-to-Peer File Sharing Looks Like Now
Copyright Versus Consumers’ Rights: How Companies are Using the Digital Millennium Copyright Act to Thwart Competition
The Supreme Court’s Copyright Extension Decision: A Mickey Mouse Ruling
Eat, Drink And Be Wary: Why the U.S. Should Oppose the WTO’s Extending Stringent Intellectual Property Protection of Wine and Spirit Names to Other Products
Should Software Companies Be Able, Through Contracts, To Prevent Competitors From “Reverse Engineering” Their Products?
Are Personal Video Recorders, Such As ReplayTV And Tivo, Copyright-Infringement Devices?: A Lawsuit Raising The Question May Force Sonicblue To Spy On PVR Users
The Mouse That Ate The Public Domain: Disney, The Copyright Term Extension Act, And eldred V. Ashcroft
“Lockware”: The Promise And Peril Of Hollywood’s Intellectual Property Strategy For The Digital Age
Why The Hague Convention On Jurisdiction Threatens To Strangle E-Commerce And Internet Free Speech
COLBY B. SPRINGER
Redefining the Balance Between Trademark and Copyright Law A Recently Argued Case Asks the Supreme Court to Decide
THEODORE J. ST. ANTOINE
Mandatory Arbitration: Bane or Boon?
SIMON STEEL
Charitable Choice: A Needed Boost To “Armies Of Compassion” Or An Establishment Of Religion?
JACOB A. STEIN
Great Closing Arguments
MADHAVI SUNDER
In a Trademark Case, The Supreme Court Recognizes That Art Flows From Multiple Sources
Beauty Marred: The “Miss World” Riots, A Stoning Sentence, and theConflict Between Religious and Secular Law in Nigeria
Why We Don’t Lead The World On Women’s Rights Issues: As Shown By An Unsigned Treaty, Not Cultural Imperialism
RAYMOND SWENSON
Wielding the First Amendment as a Sword Against the JAG Corps:
TOM TAULLI
Why Corporate America’s New Asset Is Ethics, And Enforcement Of The Sarbanes-Oxley Act Ought To Help The Stock Market
RUTI TEITEL
Through the Veil, Darkly:
DICK THORNBURGH
A Recent Supreme Court Punitive Damages Decision Unites Usually-Opposed Justices On the Need for More Guidance In This Area
DANIEL TOKAJI
Ohio’s “Coingate” Scandal: How It Exposes the Flaws of Our Campaign Finance System
The 2008 Election: Could It Be A Repeat of 2000?
HARRY A. VALETK
Teens And The Internet: Disturbing “Camgirl” Sites Deserve a Closer Look
JOHN T. VILE
A Republic Established on Arguments and Interests
REP. HENRY A. WAXMAN
The Bush Administration Owes the Public A Complete Accounting about Its Use of Intelligence on Iraq
ALEC WALEN
A Recent Exoneration Underlines a Basic Truth
An Alternative to the Partial Birth Abortion Ban Act: The Preferable, Constitutional Legislation Congress Declined to Enact
Federalism For Postwar Iraq: How Federalism May Make Democracy Work
If Roe v. Wade Is Overruled, What Arguments Should Abortion Rights Supporters Use?
Double Jeopardy And The Death Penalty: A Supreme Court Case To Be Argued In November May Only Show The Court’s Continuing Support For Execution
Cloning For Research And Therapy, Not To Produce Children: The President’s Council Weighs In On Banning Versus Allowing It
HOWARD WASSERMAN
Fast Food Justice: Infamous Cases Involving French Fries, Obesity, Too-Hot Coffee, and Fingertips
PAUL WEILER
Sports Joins the Union
PHIL WEISER
Lessons From Microsoft
VICTOR WILLIAMS
It’s Time to Toughen Up, Unify, and Rally the Home Front: Why We Should Be Willing to Accept the Costs of A Difficult War, Including Substantial Numbers of Casualties
Why President Bush Should Use Recess Appointments To Fill Wartime Vacancies
Why The Court’s Good News Club Decision Is Good News For President Bush’s Faith-Based Initiatives
Pardongate: Another Impeachment After The Investigations Conclude?
“Get This Election Ratified”: The Florida Legislature Should Act
This Week’s Eleventh Circuit Battle
It’s Time To Take Our Election Back from Lawyers and Judges – Part I
It’s Time To Take Our Election Back from Lawyers and Judges – Part II
SAM WILLIAMSON
Why Delay In The Senate’s Consideration Of Judicial Nominees Violates The Constitution
The Miscasting of Michael McConnell: The Curse of Excellence
SOLOMON WISENBERG
The Waco Advisory Verdict Close But No Cigar
Waco Civil Trial Primer
Close But No Cigar
MATTHEW WOLF
It Doesn’t Add Up: A Reply To Cohen
TOBIAS BARRINGTON WOLFF
The Sniper Killings And The Calls For Execution
What The Recent Pledge Of Allegiance Decision Really Means
Liberals’ Hypocrisy Over Military Tribunals: Why The Liberals Who Fought For Discretion During The Clinton Administration Should Continue To Support It Now
“Don’t Ask Don’t Tell” Hits Home: The Injustice Of Barring Gay And Lesbian Americans From Joining In Our Nation’s Defense
Why We Are Here: A Law Professor Discusses His Difficult Return To The Classroom
PAUL WOLFSON
The Legal Ironies of Regime Change:
Can Congress “Find” That the Supreme Court Was Wrong About Evidence? It Attempts to Do Just That in a Pending Abortion Bill
KENJI YOSHINO
Scout Loophole
ERNEST YOUNG
Europe’s Constitutional Convention: Will The European Union Embrace Federalism?
The Balance Of Federalism In Unbalanced Times: Should The Supreme Court Reconsider Its Federalism Precedents In Light Of The War On Terrorism?
PETER K. YU
Globaphobia
Hong Kong’s Crisis Over Proposed Anti-Subversion Legislation: Why It Implicates Not Only Political Freedoms, but Also China-Hong Kong Tensions
SARS and the Patent Race: What Can We Learn from the HIV/AIDS Crisis?
How The International Intellectual Property System, Meant To Create Global Harmony, Has Created Conflict Instead
How The Motion Picture And Recording Industries Are Losing The Copyright War By Fighting Misdirected Battles
The Fifth Anniversary Of Hong Kong’s Reversion To China: How It Sheds Light On The Wrongheaded Debate About China
New Technology And The Supreme Court: How Movie Censorship In The Early Twentieth Century Sheds Light On Contemporary Issues Of Free Speech On The Internet
Terrorism And The Global Digital Divide: Why Bridging The Divide Is Even More Important After September 11
The Ramifications Of China’s Entry Into The World Trade Organization: Will The Global Community Benefit?
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