Submissions from 2017


Tribute to Professor Jonathan L. Entin, Sharona Hoffman

Are Recoveries for Losses Taxable? The Commissioner’s Nonacquiescence in Cosentino Muddies the Waters, Erik M. Jensen


E. B. White Could Nod Too: Thoughts Occasioned by Reading “Death of a Pig”, Erik M. Jensen

Sales of Property to Comply with Conflict-of-Interest Requirements: Section 1043 Assumes New Significance, Erik M. Jensen

Taxation and the Constitution: Recent Articles, Erik M. Jensen


Selling Stock and Selling Legal Claims: Alienability as a Constraint on Managerial Opportunism, Charles R. Korsmo


One Size Does Not Fit All: A Contextual Approach to Fiduciary Duties Owed to Preferred Stockholders From Venture Capital to Public Preferred to Family Business, Juliet P. Kostritsky


What We Buy When We "Buy Now", Aaron K. Perzanowski and Chris Jay Hoofnagle


Busting Up the Pretrial Industry, Andrew S. Pollis


Invisible Error, Cassandra Burke Robertson


The Business of Personal Jurisdiction, Cassandra Burke Robertson and Charles W. (Rocky) Rhodes


In Search of Smarter Homeowner Subsidies, Matthew Rossman


Tribute to Ken Margolis - Renaissance Man, Matthew Rossman


Foreword: The Art of International Law, Michael P. Scharf and Katie Steiner


Exploitation in Medical Research: The Enduring Legacy of the Tuskegee Syphilis Study, Ruqaiijah Yearby

Submissions from 2016


Anti-Disruption Statutory Construction, Jonathan Adler


Category Errors and Executive Power, Jonathan Adler


Persistent Threats to Commercial Speech, Jonathan Adler


The Senate Has No Constitutional Obligation to Consider Nominees, Jonathan Adler

Business & the Roberts Court, Jonathan H. Adler

Compelled Commercial Speech and the Consumer “Right to Know”, Jonathan H. Adler


Is the Clean Air Act Unconstitutional? Coercion, Cooperative Federalism and Conditional Spending After NFIB v. Seblius, Jonathan Adler and Nathaniel Stewart


Empirical Study Redux on Choice of Law and Forum in M&A: The Data and its Limits, Kyle Chen, Harold S. Haller, Juliet P. Kostritsky, and Wojbor A. Woyczynski


Reconstructing the Right Against Excessive Force, Avidan Y. Cover

Defense Experts and the Myth of Cross-Examination, Paul C. Giannelli


The Paradox of the Right to Contract: Noncompete Agreements as Thirteenth Amendment Violations, Ayesha B. Hardaway

Some Thoughts About Discrimination, Wisconsin v. Yoder, and the Freedom of Association, Jessie Hill


The First Amendment and the Politics of Reproductive Health Care, Jessie Hill


Electronic Health Records and Medical Big Data: Law and Policy, Sharona Hoffman

Capital Assets: A Guide for the Novice, with Tips for the Experienced, Erik M. Jensen


Taxation and the Constitution: Recent Articles, Erik M. Jensen


The Power to Tax, Erik M. Jensen

Misuse of Letterhead by Prosecutors and Attorneys General, Peter A. Joy and Kevin C. McMunigal

The Audience for Corporate Disclosure, Charles R. Korsmo

Interest in Appraisal, Charles R. Korsmo and Minor Myers

The Burdens of Proof: Discriminatory Power, Weight of Evidence, and Tenacity of Belief, Dale A. Nance

Legal Fictions and Patent Law's Disclosure Function, Craig Allen Nard


Legal Fictions and the Role of Information in Patent Law, Craig Allen Nard


The Interaction of Exhaustion and the General Law, Aaron K. Perzanowski, Ariel Katz, and Guy A. Rub


Trying the Trial, Andrew S. Pollis

Online Reputation Management in Attorney Regulation, Cassandra Burke Robertson

Personal Jurisdiction in Legal Malpractice Litigation, Cassandra Burke Robertson


Secret Jurisdiction, Cassandra Burke Robertson and Irina D. Manta


Counting Casualties in Communities Hit Hardest by the Foreclosure Crisis, Matthew Rossman


How the War Against ISIS Changed International Law, Michael P. Scharf

Involuntary Consent: Conditioning Access to Health Care on Participation in Clinical Trials, Ruqaiijah Yearby

Missing the “Target”: Preventing the Unjust Inclusion of Vulnerable Children for Medical Research Studies, Ruqaiijah Yearby

Race Based Medicine, Color Blind Disease: How Racial Preferences in Violation of the 14th Amendment are Killing Us All, Ruqaiijah Yearby

Submissions from 2015

Dynamic Environmentalism & Adaptive Management: Legal Obstacles and Opportunities, Jonathan H. Adler

King v. Burwell and the Validity of Federal Tax Subsidies Under the Affordable Care Act, Jonathan H. Adler


Marijuana, Federal Power, and The States, Jonathan H. Adler


Symposium Introduction: Marijuana, Federal Power & The State, Jonathan H. Adler


King v. Burwell and the Triumph of Selective Contextualism, Jonathan H. Adler and Michael F. Cannon

Baptists, Bootleggers, and E-Cigarettes, Jonathan H. Adler, Andrew P. Morriss, Roger E. Meiners, and Bruce Yandle

Genetics: Ethics , Law, and Policy, Lori B. Anderews, Mazxwell J. Mehlman, and Mark A. Rothstein


Corporate Avatars and the Erosion of the Populist Fourth Amendment, Avidan Cover


Going Vertical: From a Traditional Campus Library to a Contemporary Downtown Library, Corie Dugas and Joseph A. Custer

The Curious Case of the Pompous Postmaster: Myers v. United States, Jonathan L. Entin

Warrior Codes Revisited: Military Ethics in Variant Cultural Traditions, Shannon E. French

Efficient Contextualism, Peter M. Gerhart and Juliet P. Kostritsky

Closing Argument, Paul C. Giannelli

The 2014 Department of Justice Inspector General Report, Paul C. Giannelli

The Massachusetts Drug Lab Scandal, Paul C. Giannelli

Casey Meets the Crisis Pregnancy Centers, Jessie Hill


Constituting Children's Bodily Integrity, Jessie Hill


Ties That Bind? The Questionable Consent Justification for Hosanna-Tabor, Jessie Hill

Aging with a Plan: How a Little Thought Today Can Vastly Improve Your Tomorrow, Sharona Hoffman


Improving Regulatory Enforcement in the Face of Inadequate Resources, Sharona Hoffman


Medical Big Data and Big Data Quality Problems, Sharona Hoffman

King v. Burwell, the Affordable Care Act, and Deference to Administrative Interpretations of the Internal Revenue Code, Erik M. Jensen

Sometimes Unguided (or Maybe Misguided) Economic Substance Guidance, Erik M. Jensen

Innocent Defendants Pleading Guilty, Peter A. Joy and Kevin C. McMunigal

The Ethics of Prosecutorial Disclosure, Peter A. Joy and Kevin C. McMunigal

Katz & Giannelli Criminal Law (Baldwins Ohio Practice), Lewis R. Katz and Paul C. Giannelli

Rethinking the Curriculum for Balance, Martin Katz and Kenneth Margolis

Transforming Legal Education as an Imperative in Today's World: Leadership and Curricular Change, Martin Katz and Kenneth Margolis

Aggregation by Acquisition: Replacing the Class Action with a Market for Legal Claims, Charles R. Korsmo and Minor Myers


Context Matters - What Lawyers About Choice of Law in Merger Agreements, Juliet P. Kostritsky

ABA Approves Researching Jurors' Public Presence on the Internet Ethics, Kevin C. McMunigal

Confronting Prosecutors with Their Own Words Ethics, Kevin C. McMunigal

Waivers of Ineffective Assistance of Counsel as Condition of Negotiated Pleas Ethics, Kevin C. McMunigal

Captain American and Iron Man: Biological, Genetic, and Psychological Enhancement and the Warrior Ethos, Maxwell J. Mehlman

Reproductive Information and Reproductive Decision-Making, Maxwell J. Mehlman

Why Physicians Are Fiduciaries For Their Patients, Maxwell J. Mehlman

Appraisal Arbitrage and the Future of Public Company M&A, Minor Myers and Charles R. Korsmo

Legislating Digital Exhaustion, Aaron K. Perzanowski and Jason Schultz

Reconciling Intellectual & Personal Property, Aaron K. Perzanowski and Jason Schultz

Professional Responsibility in the Life of the Lawyer (2d ed.), Carl A. Pierce, Judy M. Cornett, Alex B. Long, Paula Schaefer, and Cassandra Burke Robertson

A Shifting Equilibrium: Personal Jurisdiction, Transnational Litigation, and the Problem of Nonparties, Charles W. (Rocky) Rhodes and Cassandra Burke Robertson

Low Sanctions, High Costs: The Risk to Democratic Liberty, Cassandra Burke Robertson

Afterword: Conferring About the Conference, Jessica Silbey, Aaron K. Perzanowski, and Marketa Trimble


Modernizing the Emergency Medical Treatment & Labor Act to Harmonize with the Affordable Care Act to Improve Equality, Quality and Cost of Emergency Care, Katharine A. Van Tassel

China's WTO Compliance, Timothy Webster

Turnaround in Reverse: Brown, School Improvement Grants, and the Legacy of Educational Opportunity, Natasha M. Wilson and Robert N. Strassfeld

Bootleggers, Baptists, and E-Cigarettes, Bruce Yandle, Roger E. Meiners, Jonathan H. Adler, and Andrew P. Morriss

Sick and Tired of Being Sick and Tired: Putting an End to Separate and Unequal Health Care in the United States 50 Years after the Civil Rights Act of 1964, Ruqaiijah Yearby


The United States as a Refuge State for Child Abductors: Why the United States' Fails to Meet Its Own Expectations Relative to the Hague Convention, Andrew Zashin

Submissions from 2014

Climate Balkanization: Dormant Commerce and the Limits of State Energy Policy, Jonathan H. Adler

Robert Bork & Commercial Speech, Jonathan H. Adler

The Conflict of Visions in NFIB v. Sebelius, Jonathan H. Adler