- Fowler School of Law
- Faculty
- Faculty Publications
- Scholarship Archive
» Archive of Selected Fowler Law Faculty Scholarship
- 2020 Articles
- 2019 Articles
- 2018 Articles
- 2017 Articles
- 2016 Articles
- 2015 Articles
- 2014 Articles
- 2013 Articles
Denis Binder, Professor of Law
- The Pillars of Modern American Environmental Law, 24 CHAPMAN LAW REVIEW 1 (2020).
Tom Campbell, Doy and Dee Henley Distinguished Professor of Jurisprudence
- Younger Federal District Court Judges Favor Presidential Power, 63 THE JOURNAL OF LAW AND ECONOMICS 181 (2020).
- Exclusive Representation in Public and Private Labor Law after Janus, 70 SYRACUSE LAW REVIEW 731 (2020).
Frank J. Doti, William P. Foley II Chair in Corporate Law and Taxation
- Wayfair Has Become Way Unfair on Account of Marketplace Facilitator Expansion by the States, 15 CHARLESTON LAW REVIEW 1 (2020).
Ernesto Hernandez-Lopez, Professor of Law
- GMO Corn, México, and Coloniality, 22 VANDERBILT JOURNAL OF ENTERTAINMENT & TECHNOLOGY LAW 725 (2020).
- GMO Corn in México: Precaution as Law’s Decolonial Option. 2(2) LAW, TECHNOLOGY AND HUMANS 97 (2020).
Scott Howe, Frank L. Williams Professor of Criminal Law
- Atoning for Dred Scott and Plessy While Substantially Abolishing the Death Penalty, 95 WASHINGTON LAW REVIEW 737 (2020).
Matthew J. Parlow, Dean; Donald P. Kennedy Chair in Law
- In Pursuit of Competitive Balance or Payroll Relief, 9 ARIZONA STATE UNIVERSITY SPORTS & ENTERTAINMENT LAW JOURNAL 58 (2020).
Lawrence Rosenthal, Professor of Law; Director, Criminal Law Program
- Eyewitness Identification and the Problematics of Blackstonian Reform of the Criminal Law, 110 JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY 181 (2020).
Kenneth Stahl, Kennedy Professor of Law; Director, Environmental Land Use and Real Estate Law Program
- Home Rule and State Preemption of Local Land Use Control, 50 URBAN LAWYER 179 (2020).
Bart Wilson, Professor; Donald P. Kennedy Chair in Economics and Law
- A Simple, Ecologically Rational Rule for Settling Found Property Disputes, 178 JOURNAL OF ECONOMIC BEHAVIOR AND ORGANIZATION 660 (2020).
Matthew J. Parlow, Dean
- Hope and Faith: The Summer of Scott Boras's Discontent, 10 HARVARD JOURNAL OF SPORTS & ENTERTAINMENT LAW 85 (2019).
Deepa Badrinarayana, Professor of Law
- A Constitutional Right to International Legal Representation: The Case of Climate Change, 93 TULANE LAW REVIEW 47 (2018).
Danny Bogart, Professor - Bolinger Chair in Real Estate, Land Use and Environmental Law
- Professionalism for Law Teachers: Lessons I Learned from John Makdisi, 14 INTERCULTURAL HUMAN RIGHTS LAW REVIEW 119 (2019).
- ABA Learning Outcomes Compliance and the Real Estate Course Trajectory—Reflections of an Outgoing Associate Dean, 53 WAKE FOREST LAW REVIEW 923 (2018).
Frank Doti, Professor - William P. Foley II Chair in Corporate Law and Taxation
- Introduction: Withering Stare Decisis (to Symposium: The Commerce Clause and the Global Economy), 22 CHAPMAN LAW REVIEW 15 (2019).
Ernesto Hernandez-Lopez, Professor of Law
- Detaining ISIS: Habeas and the Phantom Menace, 71 OKLAHOMA LAW REVIEW 1109 (2019).
Donald J. Kochan, Associate Dean for Research and Faculty Development; Parker S. Kennedy Professor in Law
-
The Market to Roam: Using Sharing Economy Platforms for Expanding Roaming Access to Land Resources, 59 Natural Resources Journal 89 (2019).
-
Reason-Giving, Rulemaking, and the Rule of Law, 87 UMKC Law Review 525 (2019) (symposium).
-
Strategic Institutional Positioning: How We’ve Come to Generate Environmental Law Without Congress, 6 Texas A&M Law Review 323 (2019).
Larry Rosenthal, Professor of Law
- An Empirical Inquiry into the Use of Originalism: Fourth Amendment Jurisprudence During the Career of Justice Scalia, 70 HASTINGS LAW JOURNAL 75 (2018)
Thomas W. Bell, Professor of Law
- Special International Zones in Practice and Theory, 21 CHAPMAN LAW REVIEW 273 (2018).
Tom Campbell, Professor of Law; Professor of Economics; Former Dean (2011-2016)
- Introduction to Constraining the Executive, 21 CHAPMAN LAW REVIEW 1 (2018).
Ernesto Hernandez, Professor of Law
-
Sustainable Food and the Constitution, 50 ARIZONA STATE LAW JOURNAL 549 (2018).
- Bike Lanes, Not Cars: Mobility and the Legal Fight for Future Los Angeles, 42 WILLIAM & MARY ENVIRONMENTAL LAW & POLICY REVIEW 533 (2018).
Scott W. Howe, Frank L. Williams Professor of Criminal Law
- Constitutional Clause Aggregation and the Marijuana Crimes, 75 Washington and Lee Law Review 779 (2018).
-
Capital-Sentencing Law and the New Conservative Court, 2018 CARDOZO LAW REVIEW de novo 157 (2018).
Donald J. Kochan, Associate Dean for Research and Faculty Development; Parker S. Kennedy Professor in Law
-
When Inquiring Minds Ought to Know . . ., Part II, PROBATE & PROPERTY, January/February 2018, at 48-53 (with James Charles Smith).
-
Playing with Real Property Inside Augmented Reality: Pokémon Go, Trespass, and Law’s Limitations, 38 WHITTIER LAW REVIEW 70 (2018) (symposium).
- Pride & Property: An Interdisciplinary Analysis of Their Symbiotic Relationship, 27 UNIVERSITY OF SOUTHERN CALIFORNIA INTERDISCIPLINARY LAW JOURNAL 255 (2018).
- Public Lands: Pride, Place, Proximity & Power, 25 VIRGINIA JOURNAL OF SOCIAL POLICY & THE LAW 1 (2018).
- The [Takings] Keepings Clause: An Analysis of Framing Effects from Labeling Constitutional Rights, 45 FLORIDA STATE UNIVERSITY LAW REVIEW 1021 (2018).
-
The Sharing Stick in the Property Rights Bundle: The Case of Short Term Rentals and HOAs, 86 UNIVERSITY OF CINCINNATI LAW REVIEW 893 (2018).
-
The Commenting Power: Agency Accountability through Public Participation, 70 OKLAHOMA LAW REVIEW 601 (2018).
Henry Noyes, Professor of Law
-
Existing Regulations and Recommended Best Practices: The Example of the USA, in THE ROUTLEDGE HANDBOOK TO REFERENDUMS AND DIRECT DEMOCRACY (Routledge: Taylor & Francis Group; Laurence Morel & Matt Qvortrup eds., 2018).
Matt Parlow, Dean and Donald P. Kennedy Chair in Law
- Race, Speech, and Sports, 52 UNIVERSITY OF RICHMOND LAW REVIEW 923 (2018).
Richard E. Redding, Vice Provost for Graduate Education; Professor of Law
- Training for Effective Parenting, in ENCYCLOPEDIA OF ADOLESCENCE (New York: Springer, 2018) (with C. Mulford & M.M. Mendoza).
- Deterrent effects of adjudicating and sentencing juveniles as adults, in SAGE ENCYCLOPEDIA OF CRIMINAL PSYCHOLOGY (R.D. Morgan ed., SAGE forthcoming).
Kenneth Stahl, Professor of Law; Director, Environmental Land Use and Real Estate Law Program
-
Yes in My Backyard: Can a New Pro-Housing Movement Overcome the Power of NIMBYs?, __ ZONING & PLANNING LAW REPORT, March 2018, at 1.
-
The Trespass/Nuisance Divide and the Law of Easements, 86 GEORGE WASHINGTON LAW REVIEW 966 (2018).
Deepa Badrinarayana, Professor of Law
-
The Jewel in the Crown: Can India’s Strict Liability Doctrine Deepen Our Understanding of Tort Law Theory? 55 UNIVERSITY OF LOUISVILLE LAW REVIEW 25 (2017).
-
The “Right” Right to Environmental Protection: What We Can Discern from the American and Indian Constitutional Experience, 43 BROOKLYN JOURNAL OF INTERNATIONAL LAW 75 (2017).
Michael Bazyler, Professor, 1939 Society Law Scholar in Holocaust and Human Rights Studies
- The Unfinished Business of the Armenian Genocide: Armenian Property Restitution in American Courts, 23 SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW 223 (2017) (with Rajika L. Shah) (symposium).
-
The Holocaust at Nuremberg: What the Record Reveals, 39 LOYOLA OF LOS ANGELES INTERNATIONAL AND COMPARATIVE LAW REVIEW 35 (2017) (symposium).
Thomas W. Bell, Professor of Law
- Law, Governance, and International Relations of Seasteads, in SEASTEADS: OPPORTUNITIES AND CHALLENGES FOR SMALL NEW SOCIETIES (Victor Tiberius, ed., Springer Int'l Pub'g, 2017).
Denis Binder, Professor of Law
- The Nature of Extreme Natural Risks in the Natural Environment, 7 WASHINGTON JOURNAL OF ENVIRONMENTAL LAW & POLICY 340 (2017).
-
Some Rough Historical Parallels Between South Africa and the United States, 1 JOURNAL OF COMPARATIVE URBAN LAW AND POLICY 212 (2017).
Tom Campbell, Professor of Law; Professor of Economics; Former Dean (2011-2016)
- Executive Action and Nonaction, 95 NORTH CAROLINA LAW REVIEW 553 (2017).
Lan Cao, Professor of Law, Betty Hutton Williams Professor of International Economic Law
-
Pride and Prejudice in U.S. Trade, 7 NOTRE DAME JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 1 (2017).
Marisa S. Cianciarulo, Associate Dean for Academic Affairs
-
For the Greater Good: The Subordination of Reproductive Freedom to State Interests in the United States and China, 51 AKRON LAW REVIEW 99 (2017).
John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007-2010); Director, Center for Constitutional Jurisprudence
-
Live by the Executive Pen, Die by the Executive Pen? 65 DRAKE LAW REVIEW 997 (2017).
-
The Power to Control Immigration Is a Core Aspect of Sovereignty, 40 HARVARD JOURNAL OF LAW & PUBLIC POLICY 9 (2017).
-
The President’s Pen and the Bureaucrat’s Fiefdom, 40 HARVARD JOURNAL OF LAW & PUBLIC POLICY 639 (2017).
Kurt Eggert, Professor of Law; Director, Alona Cortese Elder Law Center
- Deference and Fiction: Reforming Chevron’s Legal Fictions After King v. Burwell, 95 NEBRASKA LAW REVIEW 702 (2017).
Ernesto Hernandez, Professor of Law
-
Food, Animals, and the Constitution: California Bans on Pork, Foie Gras, Shark Fins, and Eggs, 7 UC IRVINE LAW REVIEW 374 (2017).
Linda Kawaguchi, Director of the Hugh and Hazel Darling Law Library; Professor
-
Assessing Academic Law Libraries’ Performance and Implementing Change: The Reorganization of a Law Library, 49 University of Toledo Law Review 35 (2017).
Janine Kim, Professor of Law
-
On Race and Persuasion, 20 CUNY LAW REVIEW 505 (2017).
Donald J. Kochan, Associate Dean for Research and Faculty Development; Professor of Law
-
Chapter 3: Eminent Domain Law and Reform in Illinois: A Brief Overview, in AN ILLINOIS CONSTITUTION FOR THE TWENTY-FIRST CENTURY 61 (Joseph E. Tabor ed., 2017) (with introduction by Richard A. Epstein and foreword by George F. Will).
-
I Share, Therefore It’s Mine, 51 UNIVERSITY OF RICHMOND LAW REVIEW 909 (2017).
- When Inquiring Minds Ought to Know…, PROBATE & PROPERTY, July/August 2017, at 57-63 (with James Charles Smith).
Michael B. Lang, Professor of Law
- Disclosing Audit Risk to Taxpayers, 36 VIRGINIA TAX REVIEW 423 (2017) (with Jay A. Soled).
Matthew J. Parlow, Dean and Donald P. Kennedy Chair in Law
- The Curious Case of the Bradley Center, 27 MARQUETTE SPORTS LAW REVIEW 271 (2017).
-
Healthy Zoning, 44 FORDHAM URBAN LAW JOURNAL 33 (2017) (symposium).
Lawrence E. Rosenthal, Professor of Law
-
The Case for Surveillance, in THE CAMBRIDGE HANDBOOK OF SURVEILLANCE LAW (David Gray & Stephen E. Henderson eds., 2017).
-
Compulsion, 19 UNIVERSITY OF PENNSYLVANIA JOURNAL OF CONSTITUTIONAL LAW 889 (2017).
Kenneth Stahl, Professor of Law; Director, Environmental Land Use and Real Estate Law Program
-
Preemption, Federalism, and Local Democracy, 44 FORDHAM URBAN LAW JOURNAL 133 (2017).
-
The Challenge of Inclusion, 89 TEMPLE LAW REVIEW 487 (2017).
Bart J. Wilson, Donald P. Kennedy Chair in Economics and Law; Director, Smith Institute for Political Economy and Philosophy
- How We Think About Economics, 83 SOUTHERN ECONOMIC JOURNAL 655 (2017).
-
Human and Monkey Responses in a Symmetric Game of Conflict with Asymmetric Equilibria, 142 JOURNAL OF ECONOMIC BEHAVIOR & ORGANIZATION 293 (2017) (with Sarah F. Brosnan, Sara A. Price, Kelly Leverett, Laurent Prétôt, and Michael Beran).
- Language and Cooperation in Hominin Scavenging, 38 EVOLUTION AND HUMAN BEHAVIOR 376 (2017) (with Samuel R. Harris).
-
Sentiments, Conduct, and Trust in the Laboratory, SOCIAL PHILOSOPHY AND POLICY 25 (2017) (with Vernon L. Smith).
-
Smile, Dictator, You’re on Camera, 84 SOUTHERN ECONOMIC JOURNAL 52 (2017) (with Joy A. Buchanan, Matt K. McMahon, and Matthew Simpson).
-
The Welfare Effects of Civil Forfeiture, 4 REVIEW OF BEHAVIORAL ECONOMICS 153 (2017) (with Michael Preciado).
-
Thomas W. Bell, Professor of Law
- Copyrights, Privacy, and the Blockchain, 42 OHIO NORTHERN UNIVERSITY LAW REVIEW 439 (2016).
- Special Economic Zones in the United States: From Colonial Charters, to Foreign-Trade Zones, Toward USSEZs, 64 BUFFALO LAW REVIEW 959 (2016).
Denis Binder, Professor of Law
- A Tort Perspective on Cyberbullying, 19 CHAPMAN LAW REVIEW 359 (2016).
- The Increasing Application of Criminal Law in Disasters and Tragedies: A Global Phenomenon, 38 WESTERN NEW ENGLAND LAW REVIEW 313 (2016).
- Can We Secure the Hallowed Halls of Academe?, 28 REGENT UNIVERSITY LAW REVIEW 253 (2016).
Lan Cao, Professor of Law, Betty Hutton Williams Professor of International Economic Law
-
Currency Wars and the Erosion of Dollar Hegemony, 38 MICHIGAN JOURNAL OF INTERNATIONAL LAW 57 (2016).
Marisa S. Cianciarulo, Associate Dean for Academic Affairs
- Refugees in Our Midst: Applying International Human Rights Law to the Bullying of LGBTQ Youth in the United States, 47 COLUMBIA HUMAN RIGHTS LAW REVIEW 55 (2016).
Bobby Dexter, Professor of Law
-
The Hate Exclusion: Moral Tax Equity for Damages Received on Account of Race, Sex, or Sexual Orientation Discrimination, 13 PITTSBURGH TAX REVIEW 197 (2016).
John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007-2010); Director, Center for Constitutional Jurisprudence
- No Free Lunch, but Dinner and a Movie (And Contraceptives for Dessert?), 10 NEW YORK UNIVERSITY JOURNAL OF LAW & LIBERTY 282 (2016).
Scott W. Howe, Frank L. Williams Professor of Criminal Law
- Moving Beyond Miranda: Concessions for Confessions, 110 NORTHWESTERN UNIVERSITY LAW REVIEW 905 (2016).
Janine Kim, Professor of Law
- Postracialism, in THE WILEY BLACKWELL ENCYCLOPEDIA OF RACE, ETHNICITY, AND NATIONALISM (John Stone et al. eds., 2016).
- Racial Emotions and the Feeling of Equality, 87 UNIVERSITY OF COLORADO LAW REVIEW 437 (2016).
Donald J. Kochan, Associate Dean for Research and Faculty Development; Professor of Law
- Deeds and the Determinacy Norm: Insights from Brandt and Other Cases on an Unarticulated, Yet Ever-Present Interpretive Method, 43 FLORIDA STATE UNIVERSITY LAW REVIEW 793 (2016).
- Incumbent Landscapes, Disruptive Uses: Perspectives on Marijuana-Related Land Use Control, 3 TEXAS A&M JOURNAL OF PROPERTY LAW 35 (2016) (symposium).
- The Progression and Evolution of International Law Scholarship Over the Past 50 Years: Some Quantitative Observations, 22 BUFFALO HUMAN RIGHTS LAW REVIEW 1 (2016).
- Virtual Liquid Networks and Other Guiding Principles for Optimizing Future Student-Edited Law Review Platforms, 32 TOURO LAW REVIEW 263 (2016) (Associate Deans Symposium).
Mario Mainero, Professor of Law; Director of Bar Services
- We Should Not Rely on Commercial Bar Reviews to Do Our Job: Why Labor-Intensive Comprehensive Bar Examination Preparation Can and Should Be a Part of the Law School Mission, 19 CHAPMAN LAW REVIEW 545 (2016).
Julie Marzouk, Professor of Law
- Ethical and Effective Representation of Unaccompanied Immigrant Minors in Domestic Violence-Based Asylum Cases, 22 CLINICAL LAW REVIEW 395 (2016) (peer-reviewed).
Henry Noyes, Professor of Law
- Direct Democracy as a Legislative Act, 19 CHAPMAN LAW REVIEW 199 (2016).
Richard E. Redding, Vice Chancellor for Graduate Education; 2013-2015 Wang-Fradkin Senior Professor; Professor of Law
- The Counterintuitive Costs and Benefits of Clinical Legal Education 2016 WISCONSIN LAW REVIEW Forward 55.
Lawrence E. Rosenthal, Professor of Law
- Good and Bad Ways to Address Police Violence, 48 THE URBAN LAWYER 675 (2016).
Ronald D. Rotunda, Doy and Dee Henley Chair and Distinguished Professor of Jurisprudence
- Vertical Federalism, the New States' Rights, and the Wisdom of Crowds, 11 FIU LAW REVIEW 307 (2016).
Vernon L. Smith, Professor of Economics and Law
- Adam Smith and Experimental Economics: Sentiments to Wealth, in ADAM SMITH: HIS LIFE, THOUGHT, AND LEGACY 262 (Ryan Patrick Hanley ed., 2016).
- Eine Kurve nach der andern [The Role of Chance in Life], SCHWEIZER MONAT, no. 1038, July/Aug. 2016, at 14.
- The Fair and Impartial Spectator, 13 ECON JOURNAL WATCH 330 (2016).
Kenneth Stahl, Professor of Law; Director, Environmental Land Use and Real Estate Law Program
- Local Home Rule in the Time of Globalization, 2016 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 177 (2016).
Bart J. Wilson, Professor of Law; Donald P. Kennedy Chair in Economics and Law
- The Clash of Aristocratic and Bourgeois Virtues in The Wire, in TEACHING THE WIRE: FRAMEWORKS, THEORIES AND STRATEGIES FOR THE CLASSROOM (Tia Sherèe Gaynor and Jocelyn DeVance Taliaferro eds., 2016) (with Gus P. Gradinger).
- The Meaning of Deceive in Experimental Economic Science, in THE OXFORD HANDBOOK OF PROFESSIONAL ECONOMIC ETHICS (George F. DeMartino and Deirdre N. McCloskey eds., 2016).
Deepa Badrinarayana, Professor of Law
-
"Gatting" the New Climate Treaty Right: Leveraging Energy Subsidies to Promote Multilateralism, 39 FORDHAM INTERNATIONAL LAW JOURNAL 179 (2015).
Rita Barnett-Rose, Associate Professor, Legal Research and Writing Faculty
- Judicially Modified Democracy: Court and State Pre-Emption of Local GMO Regulation in Hawaii and Beyond, 26 DUKE ENVIRONMENTAL LAW AND POLICY FORUM 71 (2015).
Thomas W. Bell, Professor of Law
- Copyright Porn Trolls, Wasting Taxi Medallions, and the Propriety of "Property," 18 CHAPMAN LAW REVIEW 799 (2015) (invited).
- Unconstitutional Quartering, Governmental Immunity, and Van Halen's Brown M&M Test, 82 TENNESSEE LAW REVIEW 497 (2015) (invited).
- What Can Corporations Teach Governments About Democratic Equality?, 31 SOCIAL PHILOSOPHY POLICY 230 (2015) (invited).
Denis Binder, Professor of Law
- A 2014 Primer on Academic Freedom, Tenure, First Amendment, and Faculty Self-Governance, LEGAL EDUCATION IN THE 21ST CENTURY 125 (2015).
Tom Campbell, Professor of Law; Professor of Economics; Former Dean (2011-2016)
- Conditionality as Opposed to Severability, 64 EMORY LAW JOURNAL ONLINE 2099 (2015).
- The E-Books Conspiracy: Crossing the Line Between Applying and Creating Law, 69 UNIVERSITY OF MIAMI LAW REVIEW CAVEAT 1 (2015).
Marisa S. Cianciarulo, Associate Dean for Academic Affairs
- Seventeen Years Since the Sunset: The Expiration of 245(i) and Its Effect On U.S. Citizens Married To Undocumented Immigrants, 18 CHAPMAN LAW REVIEW 451 (2015).
Frank J. Doti, Professor of Law
- Will Retroactive Proposition 30 Ever Be Challenged?, 57, No. 3 ORANGE COUNTY LAWYER 22, March 2015.
John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007-2010); Director, Center for Constitutional Jurisprudence
- Cheating Marriage: A Tragedy in Three Acts, 13 AVE MARIA LAW REVIEW 281 (2015).
Ernesto Hernandez, Professor of Law
- Sriracha: Lessons from the Legal Troubles of a Popular Hot Sauce, GASTRONOMICA: THE JOURNAL OF CRITICAL FOOD STUDIES, Vol. 15, No. 4, at 27 (2015) (peer review).
- Sriracha Shutdown: Hot Sauce Lessons on Local Privilege and Race, 46 SETON HALL LAW REVIEW 189 (2015).
Scott W. Howe, Frank L. Williams Professor of Criminal Law
- Deselecting Biased Juries, 2015 UTAH LAW REVIEW 289 (2015).
- The Implications of Incorporating the Eighth Amendment Prohibition on Excessive Bail, 43 HOSTRA LAW REVIEW 1039 (2015).
- The Perilous Psychology of Public Defending, 2015 JOURNAL OF THE PROFESSIONAL LAWYER 157 (2015).
Donald J. Kochan, Associate Dean for Research and Faculty Development; Professor of Law
- A Framework for Understanding Property Regulation and Land Use Control from a Dynamic Perspective, 4 MICHIGAN JOURNAL OF ENVIRONMENTAL ADMINISTRATIVE LAW 303 (2015).
- Bubbles (or, Some Reflections on the Basic Laws of Human Relations), 26 FORDHAM ENVIRONMENTAL LAW REVIEW 133 (2015).
- Constituencies and Contemporaneousness in Reason-Giving: Thoughts and Direction after T-Mobile, 37 CARDOZO LAW REVIEW 1 (2015).
- Dealing with Dirty Deeds: Matching Nemo dat Preferences with Property Law Pragmatism, 64 UNIVERSITY OF KANSAS LAW REVIEW 1 (2015).
- Economics-Based Environmentalism in the Fourth Generation of Environmental Law, 21 [University of Missouri] JOURNAL OF ENVIRONMENTAL SUSTAINABILITY LAW 47 (2015) (symposium).
- Keepings, 23 NEW YORK UNIVERSITY ENVIRONMENTAL LAW JOURNAL 355 (2015).
Michael B. Lang, Professor of Law
- Can the IRS Effectively Regulate the Quality of Tax Planning Advice? in ETHICAL DUTIES TO THE TAX SYSTEM: A HANDBOOK 139-166 (Scott A. Schumacher & Michael Hatfield eds., 2015).
Celestine McConville, Professor of Law
- The (Not so Dire) Future of the Necessary and Proper Power After National Federation of Independent Business v. Sebelius, 24 WILLIAM & MARY BILL OF RIGHTS JOURNAL 369 (2015).
Matthew J. Parlow, Dean and Donald P. Kennedy Chair in Law
- Are the Green Bay Packers Socialists?, 14 VIRGINIA SPORTS & ENTERTAINMENT LAW JOURNAL 165 (2015) (with Anne-Louise Mittal).
Abigail A. Patthoff, Professor of Law
- This is Your Brain on Law School: The Impact of Fear-Based Narratives on Law Students, 2015 UTAH LAW REVIEW 391 (2015).
Richard E. Redding, Vice Provost for Graduate Education; Professor of Law
- The Legal Academy Under Erasure, 64 CATHOLIC UNIVERSITY LAW REVIEW 359 (2015).
- Lost in Translation No More: Marketing Evidence-Based Policies for Reducing Juvenile Crime, in A NEW JUVENILE JUSTICE: TOTAL REFORM FOR A BROKEN SYSTEM 139-155 (NYU Press 2015).
- Sociopolitical Insularity Is Psychology's Achilles Heel, 38 BEHAVORIAL & BRAIN SCIENCES 155 (2015).
Susanna K. Ripken, Professor of Law
- Paternalism and Securities Regulation, 21 STANFORD JOURNAL OF LAW, BUSINESS & FINANCE 1 (2015).
Lawrence E. Rosenthal, Professor of Law
- The Limits of Second Amendment Originalism and the Constitutional Case for Gun Control, 92 WASHINGTON UNIVERSITY LAW REVIEW 1187 (2015).
- The Statement and Account Clause as a National Security Freedom of Information Act, 47 LOYOLA CHICAGO LAW JOURNAL 1 (2015).
Ronald D. Rotunda, Doy and Dee Henley Chair and Distinguished Professor of Jurisprudence
- King v. Burwell and the Rise of the Administrative State, 23 UNIVERSITY OF MIAMI BUSINESS LAW REVIEW 267 (2015).
Nancy Schultz, Professor of Law; Director, Competitions and Alternative Dispute Resolution Program
- The Integrated Curriculum of the Future: Integrating First-Year Legal Writing with Other Lawyering Skills, 7 ELON LAW REVIEW 405 (2015).
Vernon L. Smith, Professor of Economics and Law
- Adam Smith: Homo Socialis, Yes; Social Preferences, No; Reciprocity Was to Be Explained, 2 REVIEW OF BEHAVIORAL ECONOMICS 183 (2015).
- Conduct, Rules and the Origins of Institutions, 11 JOURNAL OF INSTITUTIONAL ECONOMICS 481 (2015).
- Humanomics of Adam Smith, 8 ADAM SMITH REVIEW 161 (2015).
Bart J. Wilson, Professor of Law; Donald P. Kennedy Chair in Economics and Law
- Humankind in Civilization's Extended Order: A Tragedy, the First Part, 23 SUPREME COURT ECONOMIC REVIEW 35 (2015).
- Further Towards a Theory of the Emergence of Property, 163 PUBLIC CHOICE 201 (2015).
- Conduct in Narrativized Trust Games, 81 SOUTHERN ECONOMIC JOURNAL 562 (2015) (with Jan Osborn and Bradley R. Sherwood).
-
Deepa Badrinarayana, Professor of Law
- Trading Up Kyoto: A Proposal to Amend the Protocol, Part I, 41 BOSTON COLLEGE ENVIRONMENTAL AFFAIRS LAW REVIEW 1 (2014).
- India’s State of Legal Education: The Road from NLSIU to Jindal, 63 JOURNAL OF LEGAL EDUCATION 521 (2014).
Rita Barnett-Rose, Associate Professor, Legal Research and Writing Faculty
- Compulsory Water Fluoridation: Justifiable Public Health Benefit or Human Experimental Research Without Informed Consent, 39 WILLIAM & MARY ENVIRONMENTAL LAW & POLICY REVIEW 201 (2014).
- Informed Consent, Psychotropic Medications, and a Prescribing Physician’s Duty to Disclose Safer Alternative Treatments, 16 DEPAUL JOURNAL OF HEALTH CARE LAW 67 (2014).
Tom Campbell, Professor of Law; Professor of Economics; Former Dean (2011-2016)
- Afterword: Corporate Social Responsibility Symposium, 17 CHAPMAN LAW REVIEW 579 (2014).
John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007-2010); Director, Center for Constitutional Jurisprudence
- Did Congress Really Give the Secretary of Homeland Security Unfettered Discretion Back in 1986 to Confer Legal Immigrant Status on Whomever He Wishes?, ENGAGE, Vol. 15, No. 3, at 27 (Oct. 2014).
- The Land Jurisdiction Clause, in, THE HERITAGE GUIDE TO THE CONSTITUTION 349-54 (Regnery Publishing 2nd ed. 2014).
- The Spending Clause, in, THE HERITAGE GUIDE TO THE CONSTITUTION 349-54 (Regnery Publishing 2nd ed. 2014).
Scott W. Howe, Frank L. Williams Professor of Criminal Law
- The Federal Death Penalty and the Constitutionality of Capital Punishment, 50 CRIMINAL LAW BULLETIN 1388 (2014).
Linda Kawaguchi, Director, Law Library; Professor of Law
- Introduction to Dodge v. Ford Motor Co.: Primary Source and Commentary Material, 17 CHAPMAN LAW REVIEW 493 (2014).
Donald J. Kochan, Associate Dean for Research and Faculty Development; Professor of Law
- Corporate Social Responsibility in a Remedy-Seeking Society: A Public Choice Perspective, 17 CHAPMAN LAW REVIEW 413 (2014).
- The Mask of Virtue: Theories of Aretaic Legislation in a Public Choice Perspective, 58 SAINT LOUIS UNIVERSITY LAW JOURNAL 295 (2014).
Michael B. Lang, Professor of Law
- Can the IRS Effectively Regulate Tax Planning Advice? 55 BNA TAX MANAGEMENT MEMORANDUM 19 (2014).
Matthew J. Parlow, Dean and Donald P. Kennedy Chair in Law
- The Potential Unintended Consequences of the O’Bannon Decision, 71 WASHINGTON AND LEE LAW REVIEW ONLINE 203 (2014).
- Lessons from the NBA Lockout: Union Democracy, Public Support, and the Folly of the NBPA, 66 OKLAHOMA LAW REVIEW 1 (2014)
- Mentoring Throughout Law School, in DEVELOPMENTAL NETWORKS: MENTORING AND COACHING AT WORK (Dominguez & Gandert, eds.) (2014) (with Xheneta Ademi and Amy Rogan-Mehta).
Richard E. Redding, Vice Provost for Graduate Education; Professor of Law
- Lost in Translation No More: Marketing Evidence-Based Policies for Reducing Juvenile Crime, in A NEW JUVENILE JUSTICE SYSTEM: TOTAL REFORM FOR A BROKEN SYSTEM (NYU Press 2014) (N. Dowd ed.).
Lawrence E. Rosenthal, Professor of Law
- Binary Searches and the Central Meaning of the Fourth Amendment, 22 WILLIAM & MARY BILL OF RIGHTS JOURNAL 881 (2014).
Ronald D. Rotunda, Doy and Dee Henley Chair and Distinguished Professor of Jurisprudence
- Qualifications for Representatives, in, THE HERITAGE GUIDE TO THE CONSTITUTION 64-67 (Regnery Publishing 2nd ed. 2014) (with David F. Forte).
- Privileges and Immunities Clause, in, THE HERITAGE GUIDE TO THE CONSTITUTION 349-54 (Regnery Publishing 2nd ed. 2014) (with David F. Forte).
Vernon L. Smith, Professor of Economics and Law
- Faith, Science and Religion, in EMINENT ECONOMISTS II – THEIR LIFE AND WORK PHILOSOPHIES (Cambridge University Press 2014) (M. Szenberg and L. Ramrattan eds.).
- Fair and Impartial Spectators in Experimental Economic Behavior, 1 REVIEW OF BEHAVIORAL ECONOMICS 1 (2014) (with B. Wilson).
- Living Textbook Part 1: Heading off Bubble Would Have Been Unacceptable, ORANGE COUNTY REGISTER, Sept. 23, 2014 (with Steven D. Gjerstad).
- Living Textbook Part 2: Balance-Sheet Crisis Defined Era, ORANGE COUNTY REGISTER, Sept. 30, 2014 (with Steven D. Gjerstad).
- Living Textbook Part 3: Traditional Economic Models out the Window, ORANGE COUNTY REGISTER, Oct. 6, 2014 (with Steven D. Gjerstad).
- Double Bubbles in Assets Markets with Multiple Generations, 15 JOURNAL OF BEHAVIORAL FINANCE 79 (2014) (with Cary Deck & David Porter).
Kenneth A. Stahl, Professor of Law; Director, Environmental Land Use and Real Estate Law Program
- Mobility and Community in Urban Policy, 46 URBAN LAWYER 625 (2014).
- Local Government, “One Person/ One Vote,” and the Jewish Question, 49 HARVARD CIVIL RIGHTS-CIVIL LIBERTIES LAW REVIEW 1 (2014).
Bart J. Wilson, Professor of Law; Donald P. Kennedy Chair in Economics and Law
- An Experiment on Protecting Intellectual Property, 17 EXPERIMENTAL ECONOMICS 691 (2014) (with Joy Buchanan).
- Horizontal Product Differentiation in Auctions and Multilateral Negotiations, 81 ECONOMICA 768 (2014) (with Charles J. Thomas).
- Differential Responding by Rhesus Monkeys (Macaca mulatta) and Humans (Homo sapiens) to Variable Outcomes in the Assurance Game, 1 ANIMAL BEHAVIOR AND COGNITION 215 (2014) (with Audrey E. Parrish, Sarah F. Brosnan, and Michael J. Beran) (Lead article).
- Fair and Impartial Spectators in Experimental Economic Behavior, 1 REVIEW OF BEHAVIORAL ECONOMICS 1 (2014) (with Vernon L. Smith) (Lead article).
Thomas W. Bell, Professor of Law
- The Constitution as if Consent Mattered, 16 CHAPMAN LAW REVIEW 269 (2013).
Denis Binder, Professor of Law
- Looking Back to the Future: A Curmudgeon’s Guide to the Future of Environmental Law, 46 AKRON LAW REVIEW 993 (2013).
- An Outsider’s Perspective on Istanbul’s Emergency Planning, BAHCEDEHIR UNIVERSITY LAW REVIEW 55 (2013).
Marisa S. Cianciarulo, Professor of Law; Director, Bette and Wylie Aitken Family Protection Clinic
- Unauthorized Americans and European Outcasts, 27 GEORGETOWN IMMIGRATION LAW JOURNAL 519 (2013).
John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007-2010); Director, Center for Constitutional Jurisprudence
- From Plyler to Arizona: Have the Courts Forgotten about Corfield v. Coryell?, 80 UNIVERSITY OF CHICAGO LAW REVIEW 165 (2013).
- The States Enter the Illegal Immigration Fray, in STRANGE NEIGHBORS: THE ROLE OF STATES IN IMMIGRATION POLICY (NYU Press 2013) (C. Hessick & G. Chin eds.).
Kurt Eggert, Professor of Law; Director, Alona Cortese Elder Law Center
- Not Dead Yet: The Surprising Survival of Negotiability, 66 ARKANSAS LAW REVIEW 145 (2013).
Scott W. Howe, Frank L. Williams Professor of Criminal Law
- The Eighth Amendment as a Warrant against Undeserved Punishment, 22 WILLIAM & MARY BILL OF RIGHTS JOURNAL 91 (2013).
Janine Kim, Professor of Law
- Postracialism: Race After Exclusion, 17 LEWIS & CLARK LAW REVIEW 1063 (2013)
- Resistance and Transformation: Re-Reading Mari Matsuda in the Postracial Era, 18 ASIAN PACIFIC AMERICAN LAW JOURNAL 35 (2012-2013)
Donald J. Kochan, Associate Dean for Research and Faculty Development; Professor of Law
- Certainty of Title: Perspectives after the Mortgage Foreclosure Crisis on the Essential Role of Effective Recording Systems, 66 ARKANSAS LAW REVIEW 267 (2013).
- Public Lands and the Federal Government’s Compact-Based ‘Duty to Dispose’: A Case Study of Utah’s H.B. 148 — The Transfer of Public Lands Act, 2013 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 1133 (2013).
- The Property Platform in Anglo-American Law and the Primacy of the Property Concept, 29 GREORGIA STATE UNIVERSITY LAW REVIEW 453 (2013).
- The 'Reason Giving' Lawyer: An Ethical, Practical, and Pedagogical Perspective, 26 GEORGETOWN JOURNAL OF LEGAL ETHICS 261 (2013).
Michael B. Lang, Professor of Law
- Thinking about Tax Malpractice: Outline and Hypotheticals, 27 THE PRACTICAL TAX LAWYER 21 (2013).
Matthew J. Parlow, Dean and Donald P. Kennedy Chair in Law
- Whither Workforce Housing?, 40 FORDHAM URBAN LAW JOURNAL 1645 (2013) (symposium), reprinted in 23 ABA JOURNAL OF AFFORDABLE HOUSING & COMMUNITY DEVEVELOPMENT LAW 373 (2015).
Richard E. Redding, Vice Provost for Graduate Education; Professor of Law
- Politicized science, 50 SOCIETY 439-446 (2013).
Ronald D. Rotunda, Doy and Dee Henley Chair and Distinguished Professor of Jurisprudence
- Applying the Revised ABA Model Rules in the Age of the Internet: The Problem of Metadata, 42 HOSTRA LAW REVIEW 175 (2013).
Lawrence E. Rosenthal, Professor of Law
- Debate: The Constitutionality of Stop-and-Frisk in New York City, 162 UNIVERSITY OF PENNSYLVANIA LAW REVIEW ONLINE 117 (2013) (with David Rudovsky).
- Saving Disparate Impact, 34 CARDOZO LAW REVIEW 2157 (2013).
- Seven Theses in Grudging Defense of the Exclusionary Rule, 10 OHIO STATE JOURNAL OF CRIMINAL LAW 525 (2013).
- The Scope of Regulatory Authority under the Second Amendment, in REDUCING FIREARMS VIOLENCE IN AMERICA: INFORMING POLICY WITH EVIDENCE AND ANALYSIS 225 (Johns Hopkins University Press 2013) (D. Webster & J. Vernick eds.) (with A. Winkler).
Nancy Schultz, Professor of Law; Director, Competitions and Alternative Dispute Resolution Program
- Law and Negotiation: Necessary Partners or Strange Bedfellows?, 15 CARDOZO JOURNAL OF CONFLICT RESOLUTION 105 (2013).
- Lessons from Positive Psychology for Developing Advocacy Skills, 6 JOHN MARSHALL LAW JOURNAL 103 (2013).
Vernon L. Smith, Professor of Economics and Law
- Adam Smith: From Propriety and Sentiments to Property and Wealth, 42 FORUM FOR SOCIAL ECONOMICS 283 (2013).
- Human Economic Choices as Costly Information Processing, 94 JOURNAL OF ECONOMIC BEHAVIOR AND ORGANIZATION 206 (2013) (with J. Dickhaut, B. Xin, & A. Rustichini).
- Transparency, Efficiency and the Distribution of Economic Welfare in Pass-through Investment Trust Games, 94 JOURNAL OF ECONOMIC BEHAVIOR AND ORGANIZATION 257 (2013) (with T. A. Rietz, R. M. Sheremeta, & T. W. Shields).
- Using Laboratory Experiments in Logistics and Supply Chain Research, 34 JOURNAL OF BUSINESS LOGISTICS 6 (2013) (with C. Deck).
- Balance Sheet Crises: Causes, Consequences, and Responses, 33 CATO JOURNAL 437 (2013) (with Steven Gjerstad).
Kenneth A. Stahl, Professor of Law; Director, Environmental Land Use and Real Estate Law Program
- Neighborhood Empowerment and the Future of the City, 161 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 939 (2013).
- Reliance in Land Use Law, 2013 BYU LAW REVIEW 949 (2013).
Bart J. Wilson, Professor of Economics and Law
- Comparative Approaches to Studying Strategy: Towards and Evolutionary Account of Primate Decision Making, 11 EVOLUTIONARY PSYCHOLOGY 606 (2013) (with S. Brosnan, M. Beran, A. Parrish, & S. Price).
- Go West Young Man: Self-selection and Endogenous Property Rights, 79 SOUTHERN ECONOMIC JOURNAL 886 (2013) (with T. Jaworski).
- Insiders, Outsiders, and the Adaptability of Informal Rules to Ecological Shocks, 90 ECOLOGICAL ECONOMICS 29 (2013) (with E. Kimbrough).
- Violence, Access, and Competition in the Market for Protection, 29 EUROPEAN JOURNAL OF POLITICAL ECONOMY 1 (2013) (with D. Rogers & A. Smith).
- War of Attrition: Evidence from a Laboratory Experiment on Market Exit, 51 ECONOMIC INQUIRY 2018 (2013) (with R. Oprea & A. Zillante).