Content Posted in 2018
1992 Criminal Law Legislative Update, H. Patrick Furman
Achieving American Retirement Prosperity by Changing Americans' Thinking About Retirement, Peter H. Huang
A Comment on Democratic Constitutionalism, Robert F. Nagel
A Comment on the Burger Court and "Judicial Activism", Robert F. Nagel
A Comment on the Rule of Law Model of Separation of Powers, Robert F. Nagel
A Contemporary Definition of the International Norm of Self-Determination, S. James Anaya
A Critical Look at Wyoming Water Law, Mark Squillace
A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and Its Detrimental Impact on Civil Rights, Suzette Malveaux
Administrative Dissents, Sharon B. Jacobs
Advice, Consent, and Influence, Robert F. Nagel
Against Constitutional Theory, Paul Campos
Agency and Insurance: Should the Defense of Fraud by Its Own Agent Be Available to an Insurance Company Issuing Automobile Insurance?, J. Dennis Hynes
Aldo Leopold and Western Water Law: Thinking Perpendicular to the Prior Appropriation Doctrine, Charles F. Wilkinson
American Indian Courts and Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, and Kathy Imig Perkins
American Indians and the Bicentennial, Richard B. Collins
A Mirror for the Magistrate, Paul Campos ed.
An Appreciative Comment on Coase's The Problem of Social Cost: A View from the Left, Pierre Schlag
An Attack on Categorical Approaches to Freedom of Speech, Pierre J. Schlag
An Essay on the Determination of Relevancy Under the Federal Rules of Evidence, Arthur H. Travers, Jr.
A New Governance Recipe for Food Safety Regulation, Alexia Brunet Marks
An Examination of the CAB's Merger Policy, Arthur H. Travers, Jr.
Antiquities Act: Legal Implications for Executive and Congressional Action, James McElfish, Brenda Mallory, Mark Squillace, and Jonathan Wood
A Pragmatic Approach to Interpreting the Federal Rules, Suzette M. Malveaux
A Prescription for Overcoming Gender Inequity in Complex Litigation: An Idea Whose Time Has Come, Suzette M. Malveaux
A Prison and a Prisoner: The Provincial's View, Emily Calhoun
Are the Pueblo Indians Too "Civilized" for Federal Indian Law?, Richard B. Collins
Arizona's Inferior Courts, Harold H. Bruff
Assaults on the Exclusionary Rule: Good Faith Limitations and Damage Remedies, Pierre J. Schlag
Assessing the Limited Liability Company, Wayne M. Gazur and Neil M. Goff
"At Bears Ears We Can Hear the Voices of Our Ancestors in Every Canyon and on Every Mesa Top": The Creation of the First Native National Monument, Charles Wilkinson
A Theoretical Analysis of Knowhow Licensing Under EEC Competition Law: Territorial Restrictions, Pierre Schlag
(At Least) Thirteen Ways of Looking at Election Lies, Helen Norton
A Tribute to Eugene F. Scoles, Charles F. Wilkinson
A Tribute to Thurgood Marshall, Peter N. Simon
A True Comprehensive Approach, Lakshman Guruswamy
Attorney-Client Conflicts of Interest and the Concept of Non-Negotiable Fee Awards under 42 U.S.C. § 1988, Emily M. Calhoun
Authorship, Disrupted: AI Authors in Copyright and First Amendment Law, Margot E. Kaminski
Batson v. Kentucky: Curing the Disease but Killing the Patient, William T. Pizzi
Benefit Corporation Law, Mark J. Loewenstein
Beyond Brooke Group: Bringing Reality to the Law of Predatory Pricing, C. Scott Hemphill and Philip J. Weiser
Bloomberg’s Points of Law: Can They Compete with Headnotes?, Jill Sturgeon
Book Review, Richard B. Collins
Book Review, Mark J. Loewenstein
Book Review, William T. Pizzi
Book Review, Charles F. Wilkinson
Book Review, Richard B. Collins
Book Review, Pierre Schlag
Book Review, Mark J. Loewenstein
Book Review, Howard C. Klemme
Book Review, Charles F. Wilkinson
Book Review, Robert F. Nagel
Book Review, Charles F. Wilkinson
Book Review, Emily Calhoun Carssow
Book Review, David Getches
Book Review, S. James Anaya
Book Review, S. James Anaya
Book Review, Jane Thompson
Book Review, Jane Thompson
Book Review, Jane Thompson
Book Review, Jane Hames
Book Review, Justin Desautels-Stein
Book Review, Lakshman Guruswamy
Book Review, Richard B. Collins
Book Review, Lakshman D. Guruswamy
Book Review, Susan Nevelow Mart
Brief of Lone Wolf, Principal Chief of the Kiowas, to the Supreme Court of the American Indian Nations, S. James Anaya
British Environmental Policy: Towards the Best Practicable Environmental Option, Lakshman D. Guruswamy and Stephen R. Tromans
Can an Indian Tribe Recover Land Illegally Taken in the Seventeenth Century?, Richard B. Collins
Can a Tribal Court Be Enjoined from Exercising Jurisdiction over Nonmembers of the Tribe?, Richard B. Collins
Can Buckley Clear Customs?, Harold H. Bruff
Cannibal Moves: An Essay on the Metamorphoses of the Legal Distinction, Pierre Schlag
Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, and Leadership?, Peter H. Huang
Capturing the Literature of the Bar: A Proposal for Library Package Plans, Georgia Briscoe
Celebrating Mundane Conflict, Deborah J. Cantrell
Chapin Clark, Charles F. Wilkinson
Character Flaws, Frederic Bloom
Choice of Federal or State Law for Attorneys' Professional Responsibility in Securities Matters, Ted J. Fiflis
Cite Checking: A Brave New World, Susan Nevelow Mart
Civil Liberties Guarantees When Indian Tribes Act as Majority Societies: The Case of the Winnebago Retrocession, Charles F. Wilkinson
Class Actions at the Crossroads: An Answer to Wal-Mart v. Dukes, Suzette M. Malveaux
Clearing Civil Procedure Hurdles in the Quest for Justice, Suzette M. Malveaux
Colorado Law Concerning Accomplices and Complicity, Marianne Wesson
Colorado Rules of Professional Conduct: Implications for Criminal Lawyers, H. Patrick Furman and Daniel A. Vigil
Comment, A Critique of the Justifications for Employee Suits in Strict Products Liability Against Third Party Manufacturers, Pierre John Schlag
Commentary, Improving the Quality and Consistency of Copyright Infringement Analysis in Music, Kristelia A. García
Commentary, The Selling of Jury Deliberations, Robert F. Nagel
Comment, Developments in the Law of Coerced Confessions, Howard Klemme
Comment, Federal Removal and Injunction to Protect Political Expression and Racial Equality: A Proposed Change, Christopher B. Mueller
Comment & Response, Surgical Residents and Medical Malpractice, Adam C. Schaffer, Susan Nevelow Mart, and McKinley Glover
Comment, Special Treatment of Cemeteries, David H. Getches
Comment, The Consent Decree in Antitrust Enforcement--Analysis and Criticism, J. Dennis Hynes
Comment, The Ex-Convict's Right to Vote, David H. Getches
Commercial Bribery and the Antitrust Laws, Arthur H. Travers
Competency to Stand Trial in Federal Courts: Conceptual and Constitutional Problems, William T. Pizzi
Competing Demands for the Colorado River, David H. Getches
Congressional Control of Administrative Regulation: A Study of Legislative Vetoes, Harold H. Bruff and Ernest Gellhorn
Congressional Diversions: Legislative Responses to the Estate Valuation Freeze, Wayne M. Gazur
Contemporary Social Problems, Georgia Briscoe
Contradiction and Denial, Pierre Schlag
Controlling Groundwater Use and Quality: A Fragmented System, David H. Getches
Controlling the Structural Injunction, Robert F. Nagel
Cooperative Federalism Under the Surface Mining Control and Reclamation Act: Is This Any Way to Run a Government?, Mark Squillace
Coordinating Judicial Review in Administrative Law, Harold H. Bruff
Court-Appointed Attorneys: Old Problems and New Solutions, H. Patrick Furman
Criminal Employment Law, Benjamin Levin
Criminal Law 1991 Legislative Update, Philip A. Cherner and H. Patrick Furman
Cross-Jurisdictional Conflicts: An Analysis of Legitimate State Interests on Federal and Indian Lands, Charles F. Wilkinson
Current Decision, Due Process--Use of Blood Tests to Determine Intoxication Not Violative of Due Process, Howard Klemme
Current Decision, Right to Inspect Memoranda Used to Revive Recollection, Howard Klemme
Current Decision, Weight and Admissibility of Chemical Tests as Evidence of Intoxication, Howard Klemme
Current Problems of Accountants' Responsibilities to Third Parties, T. J. Fiflis
Customary International Law, S. James Anaya
Defamation During Congressional Investigations: A Proposed Statute, J. Dennis Hynes
Design Defects in Equipment: When Are Government Contractors Liable for Injuries to Military Personnel?, Emily Calhoun
Divergent Discourses About International Law, Indigenous Peoples, and Rights over Lands and Natural Resources: Toward a Realist Trend, S. James Anaya
Does a Monopolist Have a Duty to Deal with Its Rivals? Some Thoughts on the Aspen Skiing Case, Arthur H. Travers, Jr.
Does Mississippi's System for Financing Public Schools from "School Lands" Violate Federal Law?, Richard B. Collins
Do Government Rights Prevail, or Are Shoshone Indians Trespassers in Their Own Country?, Richard B. Collins
Economic Analysis of Liberty and Property: A Critique, Peter N. Simon
Economic Union as a Constitutional Value, Richard B. Collins
Eliminating the Capital Gains Preference. Part II: The Problem of Corporate Taxation, Michael J. Waggoner
Eliminating the Capital Gains Preference. Part I: The Problems of Inflation, Bunching and Lock-In, Michael J. Waggoner
Employers' Duties of Honesty and Accuracy, Helen Norton
Energy and Environmental Security: The Need for Action, Lakshman Guruswamy
Energy and the Environment: Confronting Common Threats to Security, Lakshman Guruswamy
English Law and Administration: Recalling a Jurisprudential Legacy, Lakshman Guruswamy
English Registered Conveyancing: A Study in Effective Land Transfer, Ted J. Fiflis
Entrepreneurial Administration, Philip J. Weiser
Environmentalism, Human Rights and Indigenous Peoples: A Tale of Converging and Diverging Interests, S. James Anaya
Environmental Management in a North Sea Coastal Zone: Law, Institutions and Policy, Lakshman Guruswamy
Equal Protection Under the Carceral State, Aya Gruber
Equity Crowdfunding in New Zealand, Andrew A. Schwartz
Excavating the Forgotten Suspension Clause, Helen Norton
Excluding Unemployed Workers from Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Federalism as a Fundamental Value: National League of Cities in Perspective, Robert F. Nagel
Feeding the Eco-Consumer, Alexia Brunet Marks
Fighting to Keep Employment Discrimination Class Actions Alive: How Allison v. Citgo's Predomination Requirement Threatens to Undermine Title VII Enforcement, Suzette M. Malveaux
Financial Institution Interlocks After the BankAmerica Case, Arthur H. Travers, Jr.
Firearms in the Family, Carolyn B. Ramsey
Fish v. Zapp: The Case of the Relatively Autonomous Self, Pierre Schlag
Foreword, Arthur H. Travers, Jr.
Foreword, Focus: Clean Water Act’s Section 404, David H. Getches
Foreword: Postmodernism and Law, Pierre Schlag
Foreword: Should Wyoming Adopt These Rules?, Christopher B. Mueller
Forgetting the Constitution, Robert F. Nagel
Forty Years in the Desert, Paul F. Campos
Framers Intent: The Illegitimate Uses of History, Pierre Schlag
Freedom of Speech as Therapy, Pierre Schlag
Front Loading and Heavy Lifting: How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Rights Cases, Suzette M. Malveaux
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Global Warming: Integrating United States and International Law, Lakshman D. Guruswamy
Government Lies and the Press Clause, Helen Norton
Government Speech and the War on Terror, Helen Norton
Groundwater Quality Protection: Setting a National Goal for State and Federal Programs, David H. Getches
Handling Difficult Issues Under the Family Medical Leave Act, Helen Norton
Historical Truth, Narrative Truth, and Expert Testimony, Marianne Wesson
How Goliath Won: The Future Implications of Dukes v. Wal-Mart, Suzette M. Malveaux
How Improving Decision-Making and Mindfulness Can Improve Legal Ethics and Professionalism, Peter H. Huang
How Useful Is Judicial Review in Free Speech Cases?, Robert F. Nagel
Implied Contribution Under the Federal Securities Laws: A Reassessment, Mark J. Loewenstein
Implied Limitations on the Jurisdiction of Indian Tribes, Richard B. Collins
Independent Counsel and the Constitution, Harold H. Bruff
Indian Allotment Water Rights, Richard B. Collins
Indian Consent to American Government, Richard B. Collins
Indian Givers: What Indigenous Peoples Have Contributed to International Human Rights Law, S. James Anaya
Indigenous Law and Its Contribution to Global Pluralism, James Anaya
Indigenous Rights Norms in Contemporary International Law, S. James Anaya
In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson
Instead of ENDA, a Course Correction for Title VII, Jennifer S. Hendricks
Instructing the Jury upon Presumptions in Civil Cases: Comparing Federal Rule 301 with Uniform Rule 301, Christopher B. Mueller
Integrated Pollution Control: The Way Forward, Lakshman Guruswamy
Integrating Thoughtways: Re-Opening of the Environmental Mind?, Lakshman Guruswamy
Interlocks in Corporate Management and the Antitrust Laws, Arthur H. Travers, Jr.
International Human Rights and Indigenous Peoples: The Move Toward the Multicultural State, S. James Anaya
International Institutional Arrangements for Environment and Development: A Post‐Rio Assessment, Lee A. Kimball and William C. Boyd
Introduction: Forest Law After the First Stage of the National Forest Management Act, Charles F. Wilkinson
Invisible Teachers: A Comment on Perceptions in the Classroom, Robert F. Nagel
Invisible Teachers: A Comment on Perceptions in the Classroom, Robert F. Nagel
Is It the "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge the Divide Between Litigation and Arbitration, Suzette M. Malveaux
Judge Frankel and the Adversary System, William T. Pizzi
Judicial Immunity and Sovereignty, Robert F. Nagel
Judicial Review and the President's Statutory Powers, Harold H. Bruff
Judicial Review in Local Government Law: A Reappraisal, Harold H. Bruff
Judicial Review of Indian Treaty Abrogation: "As Long as Water Flows, or Grass Grows upon the Earth" -- How Long a Time Is That?, Charles F. Wilkinson and John M. Volkman
Jurors' Impeachment of Verdicts and Indictments in Federal Court Under Rule 606(b), Christopher B. Mueller
Justice Scalia and the Elusive Idea of Discrimination Against Interstate Commerce, Richard B. Collins
Land and Resource Planning in the National Forests, Charles F. Wilkinson and H. Michael Anderson
Land Tenure in the Pacific: The Context for Native Hawaiian Land Rights, Charles F. Wilkinson
Land Transfer Improvement: The Basic Facts and Two Hypotheses for Reform, Ted J. Fiflis
Law and the American West: The Search for an Ethic of Place, Charles F. Wilkinson
Legislative Formality, Administrative Rationality, Harold H. Bruff
"Le Hors de Texte, C'est Moi": The Politics of Form and the Domestication of Deconstruction, Pierre Schlag
Lender Liability: The Dilemma of the Controlling Creditor, J. Dennis Hynes
Leveraging Social Science Expertise in Immigration Policymaking, Ming H. Chen
Liability for Misleading Statements Under Section 11, Ted J. Fiflis
Liberals and Balancing, Robert F. Nagel
Liberty and Property in the Supreme Court: A Defense of Roth and Perry, Peter N. Simon
Listening to All the Voices, Old and New: The Evolution of Land Ownership in the Modern West, Charles Wilkinson
Log-Rolling and Judicial Review, Michael J. Waggoner
Looking in Our Backyards, Georgia Briscoe
"Make Him an Offer He Can't Refuse"-- Mezzanatto Waivers as Lynchpin of Prosecutorial Overreach, Christopher B. Mueller
Management and Marketing of Indian Water: From Conflict to Pragmatism, David H. Getches
Managing the Public Lands: The Authority of the Executive to Withdraw Lands, David H. Getches
Media Masala: Why Women's Control Matters, Sarah Krakoff
Meeting the Enemy, Robert F. Nagel
Mens Rea and the Colorado Criminal Code, Marianne Wesson
Meta-Evidence: Do We Need It?, Christopher B. Mueller
Migration: A Natural Growth Process for Libraries (Part One of Two), Georgia Briscoe
Migration: A Natural Growth Process for Libraries (Part Two of Two), Georgia Briscoe
Missing Pieces: A Cognitive Approach to Law, Pierre Schlag
Moderator's Remarks, Institutional Due Process in the Twenty-First Century: The Future of the Hearing Requirement, Harold H. Bruff
Mysteries of Violence and Self-Defense: Myths for Men, Cautionary Tales for Women, Marianne Wesson
NARF North: Alaska Office Opens, Charles F. Wilkinson
NEPA's First Amendment: An Erosion?, Paul W. Shapiro and Mark Squillace
Normative and Nowhere to Go, Pierre Schlag
Normativity and the Politics of Form, Pierre Schlag
Note, Aquaculture and Pollutants Under the Clean Water Act: A Case for Regulation, Sean M. Helle
Note, Designating Areas Unsuitable for Surface Coal Mining, Mark S. Squillace
Note, Legislative Purpose, Rationality, and Equal Protection, Robert F. Nagel
Of Lollipops and Law -- A Proposal for a National Policy Concerning Tender Offer Defenses, Ted J. Fiflis
On Complaining About the Burger Court, Robert F. Nagel
One Hundred Years of Wyoming Water Law, Mark Squillace
On the Constitutional Status of the Administrative Agencies, Harold H. Bruff
Part III: Control of Oil Production Pollution, Charles Taylor Ashworth and Emily Calhoun
Perspectives on Water and Energy in the American West and in Indian Country, Charles F. Wilkinson
Plausibility Pleading and Employment Discrimination, Suzette M. Malveaux
Political Law, Legalistic Politics: A Recent History of the Political Question Doctrine, Robert F. Nagel
Political Pressure and Judging in Constitutional Cases, Robert F. Nagel
Post-Modern Hearsay Reform: The Importance of Complexity, Christopher B. Mueller
Preface, Charles F. Wilkinson
Preface: On Natural Resources as an Area of the Law, David H. Getches
Presidential Exemption from Mandatory Retirement of Members of the Independent Regulatory Commissions, Harold H. Bruff
Presidential Management of Agency Rulemaking, Harold H. Bruff
Presidential Power and Administrative Rulemaking, Harold H. Bruff
Prior Consistent Statements, Arthur H. Travers, Jr.
Prior Inconsistent Statements, H. Patrick Furman
Prosecutorial Discretion, Plea Bargaining and the Supreme Court's Opinion in Bordenkircher v. Hayes, William T. Pizzi
Public Lands, Conservation, and the Possibility of Justice, Sarah Krakoff
Public Programs, Private Deciders: The Constitutionality of Arbitration in Federal Programs, Harold H. Bruff
Punishing Ethical Violations: Aggravating and Mitigating Factors, H. Patrick Furman
Rationalism in Constitutional Law, Robert F. Nagel
Recent Development, Constitutional Law: Protection Against Illegal Search and Seizure--Blackie's House of Beef, Inc. v. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya
Recent Judicial Developments in Delaware Takeover Law, Mark J. Loewenstein
Recovering Forgotten Struggles over the Constitutional Meaning of Equality, Helen Norton
Regulating Cyberharassment: Some Thoughts on Sexual Harassment 2.0, Helen Norton
Remedies and the Government's Constitutionally Harmful Speech, Helen Norton
Removal of the Corporate Director During His Term of Office, Arthur H. Travers, Jr.
Research Algorithms Have a Point of View: The Effect of Human Decision Making on Your Search Results, Susan Nevelow Mart
Researching Colorado Health Law, Kerri Rowe
Response, Bridges II: The Law--STEM Alliance & Next Generation Innovation, Harry Surden
Response, Pre-Figuration and Evaluation, Pierre Schlag
Response, What the Twins Saw, Paul F. Campos
Responsibility of Investment Bankers to Shareholders, Ted J. Fiflis
Results May Vary, Susan Nevelow Mart
Rethinking the Boundaries of "Criminal Justice", Benjamin Levin
Risks of Violation of Rules of Professional Responsibility by Reason of the Increased Disparity Among the States, Ted J. Fiflis
Robotic Speakers and Human Listeners, Helen Norton
Robots in the Home: What Will We Have Agreed To?, Margot E. Kaminski
Rules and Standards, Pierre Schlag
Rules for Digital Radicals, Scott Skinner-Thompson
Saving the Public Interest Class Action by Unpacking Theory and Doctrinal Functionality, Suzette M. Malveaux
Schrödinger's Child: Non-Identity and Probabilities in Reproductive Decision-Making, Jennifer S. Hendricks
Section 1404(a), "Where It Might Have Been Brought": Brought by Whom?, Michael J. Waggoner
Section 14(e) of the Williams Act and the Rule 10b-5 Comparisons, Mark J. Loewenstein
Security and Economy in Land Transactions: Some Suggestions from Scotland and England, Ted J. Fiflis
Seeing Red: Anger Increases How Much Republican Identification Predicts Partisan Attitudes and Perceived Polarization, Michaela Huber, Leaf Van Boven, Bernadette Park, and William T. Pizzi
Separation of Powers and the Scope of Federal Equitable Remedies, Robert F. Nagel
Separation of Powers Under the Texas Constitution, Harold H. Bruff
Sex, Lies and Videotape: The Pornographer as Censor, Marianne Wesson
Soft Information: The SEC's Former Exogenous Zone, Ted J. Fiflis
Specialized Courts in Administrative Law, Harold H. Bruff
Stances, Pierre Schlag
Standing Rock, the Sioux Treaties, and the Limits of the Supremacy Clause, Carla F. Fredericks and Jesse D. Heibel
Statutes of Limitations: A Policy Analysis in the Context of Reparations Litigation, Suzette M. Malveaux
Substituted Judgment: The Parens Patriae Justification for Involuntary Treatment of the Mentally Ill, Marianne Wesson
Superpower Attitudes Toward Indigenous Peoples and Group Rights, S. James Anaya
Surface Rights in Artificial Watercourses, James N. Corbridge, Jr.
Teaching Tolerance, Robert F. Nagel
Teenage Crowdfunding, Andrew A. Schwartz
Tender Offer Litigation and State Law, Mark J. Loewenstein
That Was Close! Reward Reporting of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, and Adam Shostak
The Adversary Model is Bent, Willim T. Pizzi; Phillip S. Figa; and Kenneth E. Barnhill, Jr.
The Annihilation of Sea Turtles: WTO Intransigence and U.S. Equivocation, Lakshman Guruswamy
The Awas Tingni Petition to the Inter-American Commission on Human Rights: Indigenous Lands, Loggers, and Government Neglect in Nicaragua, S. James Anaya
The Brilliant, the Curious, and the Wrong, Pierre Schlag
The Capacity of International Law to Advance Ethnic or Nationality Rights Claims, S. James Anaya
The Case for Integrated Pollution Control, Lakshman Guruswamy
The Case of Awas Tingni v. Nicaragua: A New Step in the International Law of Indigenous Peoples, S. James Anaya and Claudio Grossman
The Conservation Movement in a Corporate Age, Charles F. Wilkinson
The Consumer Class Action, Arthur H. Travers, Jr. and Jonathan M. Landers
The Current State of International Law, S. James Anaya
The Definition and Determination of Insanity in Colorado, H. Patrick Furman
The Economics of American Higher Education in the New Gilded Age, Paul Campos
The Effects of the “Vanishing Trial” on Our Incarceration Rate, William T. Pizzi
The Enterprise Liability Theory of Torts, Howard C. Klemme
The Evolution of the Termination Policy, Charles F. Wilkinson and Eric R. Biggs
The Exigent Circumstances Exception to the Warrant Requirement, H. Patrick Furman
The Extraordinary Rise and Sudden Decline of Law School Tuition: A Case Study of Veblen Effects in Higher Education, Paul F. Campos
The Federal Coconspirator Exception: Action, Assertion, and Hearsay, Christopher B. Mueller
The Field of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
The Field of Public Land Law: Some Connecting Threads and Future Directions, Charles F. Wilkinson
The First Amendment and Distributional Voting Rights Controversies, Emily M. Calhoun
The First Queer Right, Scott Skinner-Thompson
The Flight From Judgment: Reflections on Benjamin Barton’s An Empirical Study of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
The Forest Service: A Call for a Return to First Principles, Charles F. Wilkinson
The Formulaic Constitution, Robert F. Nagel
The Future Course of the Winters Doctrine, Richard B. Collins
The Gatekeepers of Crowdfunding, Andrew A. Schwartz
The GDPR’s Version of Algorithmic Accountability, Margot Kaminski
The Government's Manufacture of Doubt, Helen Norton
The Headwaters of the Public Trust: Some Thoughts on the Source and Scope of the Traditional Doctrine, Charles F. Wilkinson
The Idea of Sovereignty: Native Peoples, Their Lands, and Their Dreams, Charles F. Wilkinson
The Impact of Wal-Mart v. Dukes on Employment Discrimination Class Actions Five Years Out: A Forecast that Suggests More of a Wave than a Tsunami, Suzette M. Malveaux
The Judge, Marianne Wesson
The Jury (or More Accurately the Judge) Is Still Out for Civil Rights and Employment Cases Post-Iqbal, Suzette M. Malveaux
The Labor Movement and the Dilemma of Direct Confrontation, Ahmed White
The Law of the American West: A Critical Bibliography of the Nonlegal Sources, Charles F. Wilkinson
The Law of the Pacific Salmon Fishery: Conservation and Allocation of a Transboundary Common Property Resource, Charles F. Wilkinson and Daniel Keith Conner
The Legislative Veto, the Constitution, and the Courts, Robert F. Nagel
The Modern Class Action Rule: Its Civil Rights Roots and Relevance Today, Suzette M. Malveaux
The Native Hawaiian People and International Human Rights Law: Toward a Remedy for Past and Continuing Wrongs, S. James Anaya
The New Italian Code of Criminal Procedure: The Difficulties of Building an Adversarial Trial System on a Civil Law Foundation, William T. Pizzi and Luca Marafioti
The New Kansas Buyer Protection Act, Arthur H. Travers, Jr.
The Nonfinancial Returns of Crowdfunding, Andrew A. Schwartz
The North Slope Borough, Oil, and the Future of Local Government in Alaska, David H. Getches
The Paradox of Punishment, Paul Campos
The Power and Promise of Procedure: Examining the Class Action Landscape After Wal-Mart v. Dukes, Suzette M. Malveaux
The Powers of Home Rule Cities in Colorado, Howard C. Klemme
The Privilege Against Self-Incrimination in a Rescue Situation, William T. Pizzi
The Privilege Against Self-Incrimination in Civil Commitment Proceedings, Marianne Wesson
The Problem of the Subject, Pierre Schlag
The Problem of Transaction Costs, Pierre Schlag
The Protection of Indigenous Peoples' Rights over Land and Natural Resources Under the Inter-American Human Rights System, S. James Anaya and Robert A. Williams, Jr.
The Public Trust Doctrine in Public Land Law, Charles F. Wilkinson
The Quest to Enforce the Old Promises: Indian Law in the Modern Era, Charles Wilkinson
The Relationship of Antitrust and Regulation in a Deregulatory Era, Philip J. Weiser
The Revised Uniform Partnership Act: Some Comments on the Latest Draft of RUPA, J. Dennis Hynes
The Role of the Legislative and Executive Branches in Interpreting the Constitution, Robert Nagel
The Statute of Limitations in Antitrust Litigation, Carl H. Fulda and Howard C. Klemme
The Statute of Limitations in Antitrust Litigation II, Carl H. Fulda and Howard C. Klemme
The Supreme Court and the Constitutional Rights of Prisoners: A Reappraisal, Emily Calhoun
The Thirteenth and Fourteenth Amendments: Constitutional Authority for Federal Legislation Against Private Sex Discrimination, Emily Calhoun
The Thomas Hearings: Watching Ourselves, Robert F. Nagel
The United States Supreme Court and Indigenous Peoples: Still a Long Way to Go Toward a Therapeutic Role, S. James Anaya
Thinking Like a Lawyer, Emily Calhoun
Today's Indian Wars: Between Cyberspace and the United Nations, S. James Anaya
To Feel the Summer in the Spring: The Treaty Fishing Rights of the Wisconsin Chippewa, Charles F. Wilkinson
To Sue and Be Sued: Capacity and Immunity of American Indian Nations, Richard B. Collins
Toward an Auction Market for Corporate Control and the Demise of the Business Judgment Rule, Mark J. Loewenstein
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Tribute, Charles F. Wilkinson
Two Pedagogies in Search of Synergy, Lisa Schultz and Susan Nevelow Mart
Unconstitutional Conditions upon Public Employment: New Departures in the Protection of First Amendment Rights, Harold H. Bruff
Understanding the Human Element in Search Algorithms and Discovering How It Affects Search Results, Susan Nevelow Mart
Unfocused Governmental Interests, Robert F. Nagel
Waiver of Rights in the Interrogation Room: The Court's Dilemma, William T. Pizzi
Washington's Ballot Restriction for Minor Party Candidates: When is a Primary Not a Primary?, Emily Calhoun
Water Marketing in Wyoming, Mark Squillace
Water Planning: Untapped Opportunity for the Western States, David H. Getches
Water Rights on Indian Allotments, David H. Getches
Water Use Efficiency: The Value of Water in the West, David H. Getches
Weather Modification: Law and Administration, James N. Corbridge, Jr. and Raphael J. Moses
Western Water Law in Transition, Charles F. Wilkinson
What a Technical Services Librarian Wants Their Library Director to Know, Georgia Briscoe
When the Default Is No Penalty: Negotiating Privacy at the NTIA, Margot E. Kaminski
Workplace Discrimination: Truthfulness and the Moral Imagination, Emily Calhoun
Writing for Judges, Pierre Schlag