Works from 2012
"Extraordinary Circumstances": The Legacy of the Gang of 14 and a Proposal for Judicial Nominations Reform, Michael J. Gerhardt and Richard Painter
Crowdfunding or Fraudfunding - Social Networks and the Securities Laws - Why the Specially Tailored Exemption Must Be Conditioned on Meaningful Disclosure, Thomas Lee Hazen
Duties of Nonprofit Corporate Directors - Emphasizing Oversight Responsibilities, Thomas Lee Hazen and Lisa Love Hazen
Punctilios and Nonprofit Corporate Governance--A Comprehensive Look at Nonprofit Directors' Fiduciary Duties, Thomas Lee Hazen and Lisa Love Hazen
Policing School Discipline, Catherine Y. Kim
Kickbacks, Honest Services, and Health Care Fraud After Skilling, Joan H. Krause
Skilling and the Pursuit of Healthcare Fraud, Joan H. Krause
Would a Constitutional Amendment Protect and Promote Marriage in North Carolina? An Analysis of Data from 2000 to 2009, Holning S. Lau
National Healthcare and American Constitutional Culture, William P. Marshall
Confrontation in Children's Cases: The Dimensions of Limited Coverage, Robert P. Mosteller
Responding to McCleskey and Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges in Death Cases, Robert P. Mosteller
Of Nazis, Americans, and Educating Against Catastrophe, Eric L. Muller
Challenges to Terry for the Twenty-First Century, Richard E. Myers II
Who Watches the Watchers in Public Corruption Cases?, Richard E. Myers II
Citizens United and the Roberts Court's War on Democracy, Gene Nichol
State Budget Challenges and the Scourge of Poverty, Gene Nichol
Rankings, Economic Challenge, and the Future of Legal Education, Gene R. Nichol
Charles Dickens and Sovereign Debt, John V. Orth
State Debts & Federal Jurisdiction, John V. Orth
Social Media, Public School, Teachers, and the First Amendment, Mary-Rose Papandrea
The Power of Music: Application of the First Amendment to Copyright Regulation of Internet Radio, Amanda Reid
Law School Learning Communities: A Community of Learners for the Benefit of All Learners, Oscar J. Salinas
Responses to the Five Questions: Thoughts After a Decade, A. Mark Weisburd
Feminism in the Global Political Economy: Contradiction and Consensus in Cuba, Deborah M. Weissman
Works from 2011
The Rights and Liberties of the Palau Constitution, Kevin Bennardo
Supergeneric Collateral Descriptions in Financing Statements and Notice Filing, Lissa Lamkin Broome
The Dodd-Frank Act: Tarp Bailout Backlash and Too Big To Fail, Lissa Lamkin Broome
Does Critical Mass Matter? Views from the Boardroom, Lissa Lamkin Broome, John M. Conley, and Kimberly D. Krawiec
Dangerous Categories: Narratives of Corporate Board Diversity, Lissa L. Broome, John M. Conley, and Kimberly D. Krawiec
Gene Probes as Unpatentable Printed Matter, Andrew Chin
Law Library Budgets in Hard Times, Taylor Fitchett, James Hambleton, Penny Hazelton, Anne Klinefelter, and Judith Wright
Copyright Publication: An Empirical Study, Deborah R. Gerhardt
Elections Matter, Michael J. Gerhardt
A State Law Approach to Preserving Fair Use in Academic Libraries, David Hansen
Protection of Traditional Knowledge: Trade Barriers and the Public Domain, David Hansen
Diversity on Corporate Boards: Limits of the Business Case and the Connection between Supporting Rationales and the Appropriate Response of the Law, Thomas Lee Hazen
Stock Broker Fiduciary Duties and the Impact of the Dodd-Frank Act, Thomas Lee Hazen
Board Diversity and Proxy Disclosure, Thomas Lee Hazen and Lissa Lamkin Broome
Communication Breakdown: Reviving the Role of Discourse in the Regulation of Employee Collective Action, Jeffrey M. Hirsch
Resiliency, Adaptation, and the Upsides of Ex Post Lawmaking, Donald T. Hornstein
Dodd-Frank Regulatory Innovation, and the Safety of Consumer Financial Products, Melissa B. Jacoby
The Legal Infrastructure of Ex Post Consumer Debtor Protections, Melissa B. Jacoby
In or Out of Mortgage Trouble? A Study of Bankrupt Homeowners, Melissa B. Jacoby, Daniel T. McCue, and Eric M. Belsky
Predatory Ed: The Conflict Between Public Good and For-Profit Higher Education, Osamudia James
Wait! That's Not What We Meant by Civil Society!: Questioning the NGO Orthodoxy in West Africa, Thomas A. Kelley III
When to Research is to Reveal: The Growing Threat to Attorney and Client Confidentiality from Online Tracking, Anne Klinefelter
Grounding Conversations on Sexuality and Asian Law, Holning S. Lau
The Effects of Legally Recognizing Same-Sex Unions on Health and Well-Being, Holning S. Lau and Charles Q. Strohm
Judicial Takings, Judicial Speech, and Doctrinal Acceptance of the Model of the Judge as Political Actor, William P. Marshall
Progressive Constitutionalism, Originalism, and the Significance of Landmark Decisions in Evaluating Constitutional Theory, William P. Marshall
Smith, Christian Legal Society, and Speech-Based Claims for Religious Exemptions from Neutral Laws of General Applicability, William P. Marshall
Complex Times Don't Call for Complex Crimes, Richard E. Myers II
Trumping Politics: The Roberts Court and "Judicial Review", Gene Nichol
Wages, Work, Privilege, and Legal Education, Gene R. Nichol
Plain Meaning in the Law of Property: A Socratic Dialogue, John V. Orth
Towards an Understanding of Litigation as Expression: Lessons from Guantánamo, Kathryn A. Sabbeth
Health Care Reform's Wild Card: The Uncertain Effectiveness of Comparative Effectiveness Research, Richard S. Saver
The Case Against a Strict Liability Economic Substance Penalty, Kathleen DeLaney Thomas
Leveling Localism and Racial Inequality Through the No Child Left Behind Public Choice Provision, Erika K. Wilson
Works from 2010
Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act,, David S. Ardia
Government Speech and Online Forums: First Amendment Limitations on Facilitating and Moderating Public Discourse on Government Websites,, David S. Ardia
Reputation in a Networked World: Revisiting the Social Foundations of Defamation Law, David S. Ardia
Daniel H. Pollitt: In Memoriam, John Charles Boger
Eugene Gressman: In Memoriam, John Charles Boger
Remembering Sally Burnett Sharp, Patricia L. Bryan
Is the Filibuster Constitutional?, Josh Chafetz and Michael J. Gerhardt
Enabling Responsible Public Genomics, John M. Conley, Adam K. Doerr, and Daniel B. Vorhaus
Race and Market Values in Domestic Infant Adoption, Barbara Fedders
Losing Hold of the Guiding Hand: Ineffective Assistance of Counsel in Juvenile Delinquency Representation, Barbara A. Fedders
The Future is Now: Legal and Policy Options for Racially Integrated Education, Erica Frankenberg, Leah C. Aden, and Charles E. Daye
Consumer Investment in Trademarks, Deborah R. Gerhardt
Fair Use and Fairness on Campus, Deborah Gerhardt and Madelyn Wessel
Tribute to Lolly, Deborah Gerhardt and Madelyn Wessel
Constitutional Construction and Departmentalism: A Case Study of the Demise of the Whig Presidency, Michael J. Gerhardt
Defending the NLRB: Improving the Agency's Success in the Federal Courts of Appeals, Jeffrey M. Hirsch
Revolution in Pragmatist Clothing: Nationalizing Workplace Law, Jeffrey M. Hirsch
The Environmental Role of Agriculture in an Era of Carbon Caps, Donald Thomas Hornstein
Credit for Motherhood, Melissa B. Jacoby
Managing Medical Bills on the Brink of Bankruptcy, Melissa B. Jacoby and Mirya Holman
Dog Wags Tail: The Continuing Viability of Minority-Targeted Aid in Higher Education, Osamudia James
Procedures for Public Law Remediation in School-to-Prison Pipeline Litigation: Lessons Learned from Antoine v. Winner School District, Catherine Y. Kim
First Amendment Limits on Libraries’ Discretion to Manage Their Collections, Anne Klinefelter
Library Standards for Privacy: A Model for the Digital World, Anne Klinefelter
The Racial Justice Act and the Long Struggle with Race and the Death Penalty in North Carolina, Seth Kotch and Robert P. Mosteller
Twenty-Five Years of Health Law Through the Lens of the Civil False Claims Act, Joan H. Krause
Identity Scripts & Democratic Deliberation, Holning S. Lau
Why the Assertion of a "Nationalist" Presidency Does Not Support Claims for Expansive Presidential Power, William P. Marshall
Protecting The Innocent: Part of the Solution for Inadequate Funding for Defenders, Not a Panacea for Targeting Justice, Robert P. Mosteller
Revealing and Thereby Tempering the Abuses of Government Created Evidence in Criminal Trials, Robert P. Mosteller
Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller
The Danger to Confidential Communications in the Mismatch between the Fourth Amendment's "Reasonable Expectation of Privacy" and the Confidentiality of Evidentiary Privileges, Robert P. Mosteller and Kenneth S. Broun
Hirabayashi and the Invasion Evasion, Eric L. Muller
Judicial Abdication and Equal Access to the Civil Justice System, Gene R. Nichol Jr.
Self-Defense, John V. Orth
The Golden Metwand': The Measure of Justice in Shakespeare's Measure for Measure, John V. Orth
Medical Research Regulation After More Than Twenty-Five Years: Old Problems, New Challenges, and Regulatory Imbalance, Richard S. Saver
Contracting for State Intervention: The Origins of Sovereign Debt Arbitration, W. Mark C. Weidemaier
Toward A Theory of Precedent in Arbitration, W. Mark C. Weidemaier
Medellin, the President's Foreign Affairs Power and Domestic Law, A. Mark Weisburd