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Digital Commons @ American University Washington College of Law American University Washington College of Law

    Content Posted in 2020

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    The Ottawa Convention Banning Landmines, the Role of International Non-governmental Organizations and the Idea of International Civil Society, Kenneth Anderson

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    The Overlapping Web of Data, Territoriality and Sovereignty, Jennifer Daskal

     

    The Pan-American Trademark Convention of 1929: A Bold Vision of Extraterritorial Meets Current Realities, Christine Farley

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    The pandemic upended child care. It could be devastating for women., Amanda Becker

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    The Paradox of Judicial Bypass Proceedings, Jamin B. Raskin

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    The Paris Agreement and Global Climate Litigation after the Trump Withdrawal, David Hunter

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    The Past, Present, and Future of the United Nations: A Comment on Paul Kennedy and the Parliament of Man, Kenneth Anderson

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    The Patentability of Gene Editing Technologies such as CRISPR & the Harmonization of Laws Relating to Germline Editing, Jessica Wachowicz

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    The Patent Ability of Genetic Therapies: CAR-T and Medical Treatment Exclusions Around the World, Luis Gil Abinader and Jorge L. Contreras

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    The Pathologies of Banking Business As Usual, Hilary Allen

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    The Peace vs. Justice Debate and the Syrian Crisis, Paul Williams, Lisa Dicker, and C. Danae Paterson

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    The Perfect Match: Civil Law Judges and Open-Ended Fair Use Provisions, Martin Senftleben

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    The Perils of a Half-Built Bridge: Risk Perception, Shifting Majorities, and the Nuclear Power Debate, Amanda Leiter

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    The Perils of Armchair Analysis: Evaluating Merger Enforcement During the Obama Administration, Jonathan Baker and Carl Shapiro

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    The Personal Accountability of Public Employees, Robert Vaughn

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    The Phases and Faces of the Duke Lacrosse Controversy: A Conversation, Angela J. Davis, James E. Coleman Jr, Michael Gerhardt, and K.C. Johnson

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    The Philippines: A Country in Crisis - A Report by Lawyers Committee for International Human Rights, Diane Orentlicher, Marvin E. Frankel, and Jack Greenberg

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    The Politicization of Legal Expertise in the TTIP Negotiation, Fernanda Nicola

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    The Politics of Hate, Robert Tsai

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    The Possibilities and Practicalities of Financial Product Preapproval, Hilary Allen

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    The Potential of Rulemaking by the NLRB, Jeffrey Lubbers

     

    The Poverty Law Canon: Exploring the Major Cases, Ezra Rosser and Marie Failinger

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    The Power Not to Tax, Kirk J. Stark

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    The Power of an Idea: The Impact of United States Human Rights Policy, Diane Orentlicher

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    The President's NDU Speech and the Pivot from the First Term to the Second, Kenneth Anderson and Benjamin Wittes

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    The Price is Wrong: Reimbursement of Expenses for Acquitted Criminal Defendants, Ira P. Robbins

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    The Prison Rape Elimination Act: Implementation and Unresolved Issues, Brenda Smith

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    The Prison Rape Elimination Act: Implementation and Unresolved Issues, Brenda Smith

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    The Privatization of the Use of Force Meets the Law of State Responsibility, Vanessa Ballesteros Moya

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    The Problems and Promise of "Enhanced Business Judgement", Mary Siegel

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    The Problem with Baker Hughes and Syufy: On the Role of Entry in Merger Analysis, Jonathan Baker

     

    The Progeny: Justice William J. Brennan's Fight to Preserve the Legacy of New York Times v. Sullivan, Stephen Wermiel and Lee Levine

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    The Progressive Prosecutor: An Imperative for Criminal Justice Reform, Angela J. Davis

     

    The Prohibition of Torture and Ill-Treatment in the Inter-American Human Rights System: A Handbook for Victims and Their Advocates, 2nd edition, Claudia Martin and Diego Rodriguez-Pinzon

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    The Prohibition of Torture: An Introductory Guide, American University Center for Human Rights & Humanitarian Law

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    The Promise and Pitfalls of Empiricism in Educational Equality Jurisprudence, Lia Epperson

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    The Proof(reading) is in the Pudding, David Spratt

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    The Prosecutor's Ethical Duty to End Mass Incarceration, Angela J. Davis

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    The Protection of Geographical Indications in the Inter-American Convention, Christine Farley

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    The Protection of Geographical Indications in the Inter-American Convention, Christine Haight Farley

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    The Protection of Unaccompanied Migrant Minors Under International Human Rights Law: Revisiting Old Concepts and Confronting New Challenges in Modern Migrant Flows, Eirini Papoutsi

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    The Reading Wars: Understanding the Debate Over How Best to Teach Children to Read, Kenneth Anderson

     

    The Reagan Administration’s Policy on Latin America, Diane Orentlicher

     

    The Realpolitik of IP, Jonas Anderson

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    The Reasonable Black Child: Race, Adolescence, and the Fourth Amendment, Kristin N. Henning

     

    There But For the Grace of God Go I, Angela J. Davis

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    The Referendum Process in Maryland: Balancing Respect For Representative Government with the Right to Direct Democracy, Steven G. Shapiro

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    The Reform of the Russian Legal Profession: Three Varying Perspectives, Susan Carle and Delphine Nougayrède

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    The Regulatory Accountability Act Loses Steam but the Trump Executive Order on ALJ Selection Upturned 71 Years of Practice, Jeffrey Lubbers

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    There Isn't Any Dumpster, Jill C. Engle

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    There Isn't Any Dumpster, Jill C. Engle

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    The Relevance of the United Nations War Crimes Commission to the Prosecution of Sexual and Gender-Based Crimes Today, Susana SaCouto

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    The Remoteness that Betrays Desire, Kenneth Anderson

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    The Republican Party is a Threat to School Lunches for Hungry Kids, Ezra Rosser

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    There's No Good Decision in the Next Big Data Privacy Case, Jennifer Daskal

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    The Responsibility to Protect: From Document to Doctrine - But What of Implementation, Rebecca Hamilton

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    The Resurgence of Forced Labor: How the Sixth Circuit's Decision in United States v. Toviave Endorses the Exploitation of Children, Sophia K. Niazi

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    The 'Rhyme or Reason' Behind Prosecutorial Use of Rape Lyrics as Evidence in Criminal Trials, Robery Nothdurft Jr

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    The Right Remedy for the Wrongly Convicted: Judicial Sanctions for Destruction of DNA Evidence, Cynthia E. Jones

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    The Rights of Aliens in the 1980's, Juan E. Mendez

     

    The Rights of Children Living Apart from Their Parents, Ann Shalleck

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    The Rights of Lesbian Gay Bisexual and Transgendered Peoples and International Human Rights Law, Claudia Martin and Diego Rodriguez-Pinzon

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    The Right to be an Asshole: The Need for Increased First Amendment Public Employment Protections in the Age of Social Media, Alexis Martinez

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    The Right to Legally Sourced Lumber? How the Effective Enforcement of the Lacey Act is a U.S. Human Rights Obligation and Critical to Preventing Abuse in the Illegal Logging Industry, Melanie Hess

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    The Right to Say No to Discrimination: A Commentary on Rumsfeld v. FAIR, Zachary Wolfe

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    The Rise of Authoritarianism and Our Crackpot Culture, Kenneth Anderson

     

    The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement, Andrew Ferguson

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    The Risks of Criminalizing COVID-19 Exposure: Lessons from HIV, Naomi K. Seiler, Anya Vanecek, Claire Heyison, and Katherine Horton

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    The Road to Precautionary Review of Financial Products, Hilary Allen

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    The Road to Prison is Paved with Bad Evaluations: The Case for Functional Behavioral Assessments and Behavior Intervention Plans, Stephanie M. Poucher

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    The Rohingya Genocide, Paul Williams, Todd F. Buchwald, Jenny Domino, Rebecca Hamilton, Michael P. Scharf, and Meilena Sterio

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    The Role and Impact of Nationwide Injunctions: Written Testimony for the House Committee on the Judiciary, Subcommittee on the Courts, Intellectual Property, and the Internet, Amanda Frost

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    The Role of a Law School Dean: Balancing a Variety of Roles and Interests - The American University Washington College of Law Experience, Claudio Grossman

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    The Role of International Arbitrators, Susan Franck

     

    The Role of Justice in Peace Negotiations, Paul Williams

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    The Role of Justice in the Former Yugoslavia: Antidote or Placebo for Coercive Appeasement?, Paul Williams and Patricia Taft

     

    The Role of the State ESAs, William Snape

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    The Role of the States in the First Century of the Sherman Act and the Larger Picture of Antitrust History, James May

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    The Role of the United States Military Lawyer in Projecting a Vision of the Laws of War, Kenneth Anderson

     

    The Rooney Rule's Reach: How the NFL's Equal Opportunity Initiative for Coaches Inspired Local Government Reform, N. Jeremi Duru

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    The Sanctions Provisions of the Freedom of Information Act, Robert Vaughn

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    The SEC as Financial Stability Regulator, Hilary Allen

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    The Secret "Kill List" and the President, Kenneth Anderson

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    The Selection of an Arbitrator: A Human Resource Management Perspective, Kenneth Anderson

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    The Settlement of Investment Disputes between States and Private Parties - An Overview from the Perspective of the ICC, Horacio A. Grigera Naón

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    The Settlement Problem in Public Interest Law, Susan Carle

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    The 'Smart' Fourth Amendment, Andrew Ferguson

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    The Social Security Administration's New Disability Adjudication Rules: A Significant and Promising Reform, Jeffrey Lubbers

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    The Sports People's Think Tank and FARE and Loughborough University event on diversity in coaching in English football, N. Jeremi Duru

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    The Standard of Review of Applied by the United States Court of Appeals for the Federal Circuit in International Trade and Customs Cases, Herbert C. Shelley, Alicia A. Kipel, Anne Talbot, and Keith R. Marino

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    The State Secrets Privilege and Separation of Powers, Amanda Frost

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    The Status of Nonstatus, Geoggrey Heeren

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    The Statute of Anne: Today and Tomorrow, Peter Jaszi, Craig Joyce, Marshall A. Leaffer, and Tyler Trent Ochoa

     

    The Story of Parklane: The 'Litigation Crisis' and the Efficiency Imperative, Lewis Grossman

     

    The Story of Standard Oil Co. v. United States, James May

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    The Struggle for Music Copyright, Michael W. Carroll

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    The Substance of Substantive Equality: Gender Equality and Turkey's Headscarf Debate, Rachel Rebouche

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    The Suffocation of Free Speech Due to the "Gravity of Danger" of Terrorism, Tim Davis

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    The Supreme Court and the Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down, Robert Tapparo

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    The Surprising Reach of FDA Regulation of Cannabis Even After Descheduling, Sean M. O'Connor and Erika Lietzan

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    The Tea Rose-Rectanus Doctrine's Good Faith Test, Nashrah Ahmed

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    The "Tenure" Track for Subcontracted Workers, Adianez Castillo Misigoy, Vashti Mercado, Rita Montoya, and Maria Lucero Ortiz

     

    The Terrorist Crenemy, Jennifer C. Daskal

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    The Threat to Citizen Participation in Model Cities, Barlow Burke

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    The Trademark Provisions in the TRIPS Agreement, Christine Farley

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    The Transformation of the U.S. Rulemaking Process - For Better or Worse, Jeffrey Lubbers

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    The Transformative Potential of Attorney Bilingualism, Jayesh Rathod

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    The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force, Paul Williams

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    The Twentieth Century Cowboy: Law's Light Touch, Henry H. Perritt Jr.

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    The Uber Drive: Self-Driving Cars Could Create More Uncertainty with Gig Economy's "Independent" Contractors", Mark Yurich

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    The U.N. Committee Against Torture and Eradication of Torture in Health Care Settings, Claudio Grossman

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    The Undiscovered Country: Fixing Copyright by Re-Thinking Pretrial Litigation, John C. Heinbockel

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    The Uneasy Integration of Adjunct Teachers into American Legal Education, Andrew Popper

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    The United Nations Human Rights Council: Is the United States Right to Leave This Club?, Sarah Joseph and Eleanor Jenkin

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    The United Nations Response to the Crisis of Landmines in the Developing World, Kenneth Anderson

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    The United States as Global Sheriff: Using Unilateral Sanctions to Combat Human Trafficking, Janie Chuang

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    The United States' Multidimensional Approach to Combating Corruption, Padideh Ala'i

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    The United States' Position on the Death Penalty in the Inter-American Human Rights System, Richard J. Wilson

     

    The United States Securities and Exchange Commission, Hilary Allen

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    The Un-Territoriality of Data, Jennifer Daskal

     

    The Use of Indicators to Measure Government Responses to Human Trafficking, Janie Chuang and Anne T. Gallagher

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    The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries, Donald D.A. Schaefer

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    The User Rights Database: Measuring the Impact of Copyright Balance, Sean Flynn and Michael Palmedo

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    The User Rights Database: Measuring the Impact of Opening Copyright Exceptions, Sean Flynn and Michael Palmedo

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    The Uses and Abuses of Risk Management: How Men Learnt to Bet Against the Gods, Kenneth Anderson

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    The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, and Jimmy Koo

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    The U.S. Rulemaking Process: Has it Become Too Difficult?, Jeffrey Lubbers

     

    The Value of "Worthless" Patents, Jonas Anderson

     

    The Value of “Worthless” Surgical Method Patents, Jonas Anderson

     

    The Velásquez Rodriguez Case: The Development of the Inter-American Human Rights System, Claudio Grossman

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    The Victim Requirement, the Fourth Instance Formula and the Notion of Person in the Individual Complaint Procedure of the Inter-American Human Rights System, Diego Rodriguez-Pinzon

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    The Violence Against Women Act: Denying Needed Resources Based on Criminal History, Jaime M. Yarussi

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    The Vital Role of the WTO Appellate Body in the Promotion of Rule of Law and International Cooperation: A Case Study, Padideh Ala'i

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    The Washington Declaration on Intellectual Property and the Public Interest, Sean Flynn

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    The Washington Redskins Case and the Search for Dignity, Victoria Phillips

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    "The Way I Felt": Creating A Model Statute to Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza

     

    The Wealth Primary: Campaign Fundraising and the Constitution, Jamin B. Raskin and John Bonifaz

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    The Women's Protocol to the African Charter and Sexual Violence in the Context of Armed Conflict or Other Mass Atrocity, Susana Sacouto and Katherine A. Cleary

     

    The World Bank: A Lighter Shade of Green, David Hunter

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    The World Bank, the IMF, and Human Rights, Daniel D. Bradlow

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    The World Commission on Dams' Contribution to the Broader Debate on Development Decision-Making, Daniel D. Bradlow

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    The WTO and the Anti-Corruption Movement, Padideh Ala'i

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    The Young and the Restless: How the Twenty-Sixth Amendment Could Play a Role in the Current Debate Over Voting Laws, Nancy Turner

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    They['ve] Got Eyes in the Sky: How the Family Educational Rights and Privacy Act Governs Body Camera Use in Public Schools, Sarah Pierce West

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    Think of an Elephant? Tweeting as "Framing" Executive Power, Fernando R. Laguarda

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    This State Says It Has a 'Feminist Economic Recovery Plan.' Here's What That Looks Like, Frances Nguyen

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    Thought and Advocacy About Student Debt: Representation of Low-Income Borrowers in Law School Clinical Programs, Ann Shalleck

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    Three Arguments About War, Robert Tsai

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    Three Roles for the Private Equity Market in Foreign Investments: Comment on Mailander's "Seraching for Liquidity", Kenneth Anderson

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    Through Our Glass Darkly: Does Comparative Law Counsel the Use of Foreign Law in U.S. Constitutional Adjudication?, Kenneth Anderson

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    Thwarting Ethical Violations with Web Site Disclaimers, Walter Effross

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    Thwarting Speech on College Campuses, Stephen Wermiel

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    Time Out of Joint, Kenneth Anderson

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    Tinkering with Circuit Conflicts beyond the Schoolhouse Gate, Stephen Wermiel

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    To Actually Give a Fair Chance: "Ban the Box" Law and the "Rationale Relationship" Standard, Stephanie Leacock

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    Tobacco, Denormalization, Anti-Healthism, and Health Justice, Lindsay Wiley

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    To Finish the Work We are in: Abraham Lincoln's Speeches, from Lawyer's Briefs to Moral Manifesto, Kenneth Anderson

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    Too Little, Too Late: Ineffective Assistance of Counsel, the Duty to Investigate, and Pretrial Discovery in Criminal Cases, Jenny M. Roberts

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    Too Stupid: Intellectual Disability as a Statutory Ground for Termination of Parental Rights, Charlotte Jayne Cooper

     

    Top Twenty Cases for the FDA in 2012, Jonas Anderson

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    Tort Reform Policy More than State Law Dominates Section 2 of the Third Restatement, Andrew Popper

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    Torts Without Names, New Torts, and the Future of Liability for Intangible Harm, Kenneth S. Abraham and G. Edward White

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    Toward A Bridge: The Role of Legal Academics in the Culture of Private Practice, Camille Nelson

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    Toward a Conceptual Framework for Trauma-Responsive Practice in Courts, Shawn C. Marsh and Joan Byer

     

    Toward a more just and effective system of review in state death penalty cases: A report containing the American Bar Association's recommendations concerning project on death penalty Habeas Corpus, Ira P. Robbins

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    Toward a Right of Control over the City Planning Process, Barlow Burke

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    Toward Global Citizenship in International Environmental Law, David Hunter

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    Towards a European "Fair Use" Grounded in Freedom of Expression, Christophe Geiger and Elena Izyumenko

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    Towards a Federal Counselor-Battered Woman Privilege, Fernando Laguarda

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    Toward the Enforcement of Universal Human Rights through Abrogation of the Rule of Non-Inquiry in Extradition, Richard J. Wilson

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    Tracking the Gender Impact of COVID-19, Mayra Buvinic, Lorenz Noe, and Eric Swanson

     

    Trade and Environment, David Hunter

     

    Trade and Sustainable Development, Padideh Ala'i

     

    Trade as Guarantor of Peace, Liberty and Security? Critical, Historical and Empirical Perspectives, Padideh Ala'i, Tomer Broude, and Colin Picker

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    Trade as Guarantor of Peace, Liberty and Security? The Role of Peace in the Bretton Woods Institutions, Padideh Ala'i

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    Trademark Dilution Law: What's Behind the Rhetoric?, Christine Haight Farley

     

    Trafficking in Women: The United States as Global Sheriff?, Janie Chuang

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    Training for Bargaining, Jenny M. Roberts and Ronald F. Wright

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    Training for Justice: The Global Reach of Clinical Legal Education, Richard J. Wilson

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    Training Law Students to Be International Transactional Lawyers - Using an Extended Simulation to Educate Law Students About Business Transactions, Daniel D. Bradlow and Jay Finkelstein

     

    Training Lawyers for Transnational Practice: Building Dual Degree Programs in Law, Macarena Saez

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    Transactional Clinics as Change Agents in the Trump Era: Lessons from Two Contexts, Priya Baskaran and Michael Haber

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    Transatlanticisms: Constitutional Asymmetry and Selective Reception of U.S. Law and Economics in the Formation of European Private Law, Fernanda Nicola

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    Transforming Family Law Through Same-Sex Marriage: Lessons from (and to) the Western World, Macarena Saez

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    Transforming into an International Lawyer, Susan Franck

     

    Transforming the Education of Lawyers: The Theory and Practice of Clinical Pedagogy, Susan Bryant, Elliot Milstein, and Ann Shalleck

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    Transitional Justice, Peace, and Prevention, Juan E. Mendez

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    Transitional Justice: Views of the Epistemic Community, Diane Orentlicher

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    Transitions to Democracy and the Rule of Law

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    Transnational Conveyancing, Barlow Burke

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    Transnational Government Hacking, Jennifer Daskal

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    Transnational Government Hacking, Jennifer C. Daskal

     

    Transnational Seizures: The Constitution and Criminal Procedure Abroad, Jennifer C. Daskal

     

    “Transparency and its Limits”, Transparency and Society – Between Promise and Peril, Herrenhausen Conference, Padideh Ala'i

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    Transparency and the Expansion of the WTO Mandate, Padideh Ala'i

     

    Transparency and the Post Cold-War Trading System, Padideh Ala'i

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    Transparency in International Economic Relations and the Role of the WTO, Padideh Ala'i and Matthew D'Orsi

     

    Transparency in Policymaking - The (Mostly) Laudable Example of the U.S. Rulemaking System, Jeffrey Lubbers

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    Transparency in the Administration of Laws: The Relationship Between Differing Justifications for Transparency and Differing Views of Administrative Law, Robert Vaughn

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    Transplanting Fair Use Across the Globe: A Case Study Testing the Credibility of U.S. Opposition, Niva Elkin-Koren and Neil Weinstock Netanel

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    Trapped in the Binary Divide: How Forced Contraceptives Violate the World Anti-Doping Code, Alexandria Adkins

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    Treading on Hallowed Ground: Implications for Property Law and Critical Theory of Land Associated with Human Death and Burial, Mary Clark

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    Treason in the Age of Terrorism: Do Americans Who Join ISIS 'Levy War' Against the United States?, Stephen Jackson

     

    Treatment of detainees: Examination of issues relevant to detention by the United Nations Human Rights Committee, Paul Williams

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    Trial by Google: Judicial Notice in the Information Age, Andrew Ferguson

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    Trial by Jury: Why it Works and Why it Matters, Kathleen M. O'Malley

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    TRIPS-Plus Trade and Investment Agreements: Why More May Be Less for Economic Development, Christine Farley

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    True Integration: Advancing Brown's Goal of Educational Equity in the Wake of Grutter, Lia Epperson

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    Trump's Torture Legacy: Isolating, Incarcerating, and Inflicting Harm Upon Migrant Children, Brendan Lokka

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    Turkey: At the Crossroads of Secular West and Traditional East, Padideh Ala'i

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    Turkey: At the Crossroads of Secular West and Traditional East Conference Introduction, Padideh Ala'i

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    Turning Back the Tide of Director and Officer Liability, Walter Effross

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    Tweeting with a Purpose: Interpreting "Corrupt Persuasion" in 18 U.S.C. § 1512(b), Jessica Ochoa

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    Two is Better Than One: Systemic Integration of International Humanitarian Law and International Human Rights Law to Boko Haram Conflict, Ogunnaike O. Taiwo

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    Two Modern Antitrust Moments: A Comment on Fenton and Kwoka, Jonathan Baker

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    Two Parts of the Landscape of Family in America: Maintaining both Spousal and Domestic Partner Employee Benefits for Both Same-Sex and Different-Sex Couples, Nancy Polikoff

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    Two Sherman Act Section 1 Dilemmas: Parallel Pricing, the Oligopoly Problem, and Contemporary Economic Theory, Jonathan Baker

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    Two-Sided Internet Markets and the Need to Assess Both Upstream and Downstream Impacts, Rob Frieden

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    Una Norma Legal por la Reforma Agraria Poscolonial, Amelia Chizwala Peterson

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    Unavailable and Unaccountable: A Free Ride for Foreign Manufacturers of Defective Consumer Goods, Andrew F. Popper

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    Uncharted Waters? Legal Ethics and the Benefit Corporation, Joseph Pileri

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    Uncomfortable Places, Close Spaces: Female Correctional Workers' Sexual Interactions With Men and Boys in Custody, Brenda Smith

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    Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions with Men and Boys in Custody, Brenda V. Smith

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    Unconstitutional Chaos: Abortion in the Time of COVID-19, Joanna L. Grossman and Mary Ziegler

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    Unconventional Refugees, Elizabeth Keyes

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    Undercover Power: Examining the Role of the Executive Branch in Determining the Meaning and Scope of School Integration Jurisprudence, Lia Epperson

     

    Understanding the Law of Zoning and Land Use Controls, Third Edition, Barlow Burke

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    Under the Blacklight: COVID-19, Kimberlé Williams Crenshaw

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    Unfinished Business: How “Split Authority” over U.S. Asylum Adjudications Highlights the Need to Relocate the Immigration Court System to the Department of Homeland Security, Kirsten Bickelman

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    Unified National Legal Treatment of International Commercial Arbitration: A Continuing Challenge, Horacio A Grigera Naon

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    Unilateral Competitive Effects Theories in Merger Analysis, Jonathan Baker

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    Unilateral Multilateralism: United States Policy toward the International Criminal Court, Diane Orentlicher

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    United Nations Collective Security and the United States Security Guarantee in an Age of Rising Multipolarity: The Security Council as the Talking Shop of the Nations, Kenneth Anderson

     

    United States Patent Law, Jonas Anderson

     

    Universal Jurisdiction: A Pragmatic Strategy in Pursuit of a Moralist's Vision, Diane Orentlicher

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    Universal Protocol for Investigative Interviewing and Associated Safeguards: Taking Jordan as an Example, Lubna N. Nasser

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    Unleashing Instant Messaging from Regulatory Oversight, Fernando Laguarda

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    Unlocking Antitrust Enforcement, Jonathan Baker

     

    UN Mandates: The Letter of the Law, Paul Williams

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    Unravelling China's Gradual Approach to Equity Crowdfunding Regulation, Chen Li and Yu Qianqian

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    Unspringing the Witness Memory and Demeanor Trap: What Every Judge and Juror Needs to Know about Cognitive Psychology and Witness Credibility, Mark W. Bennett

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    Untangling the Yemen Crisis, Paul Williams, Laura Graham, Jim Johnson, Michael P. Scharf, and Milena Sterio

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    Unveiling the Complexities Surrounding the Right to Take Part in Cultural Life: The Effect of General Comment no. 21 on the Legality of the French Burqa Ban Under the ICESCR, Alison Dean

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    Update: Reorienting Bayh-Dole's March-In: Looking to Purpose and Objectives in the Public's Interest, Abigail Amato Rives

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    U.S. Climate Change Law: A Decade of Flux and an Uncertain Future, Cinnamon P. Carlarne

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    U.S. Counterterrorism Policy and Superpower Compliance with International Human Rights Norms, Kenneth Anderson

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    Use of Force in Humanitarian Crises: Addressing the Limitations of U.N. Security Council Authorization, Paul Williams and Sophie Pearlman

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    User-Generated Evidence, Rebecca Hamilton

     

    User Innovation and Patent Law, Jonas Anderson

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    U.S. Foreign Policy and the Arab Spring: Ten Short-Term Lessons Learned, Paul Williams and Colleen Popken

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    U.S. House Committee on Natural Resources, Subcommittee on Oversight and Investigations Hearing on: Examining Impacts of Federal Natural Resources Laws Gone Astray, Part II, Amanda Leiter

     

    USIA on Corruption in the Judiciary, Padideh Ala'i

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    Using Artificial Intelligence to Improve Data Accuracy of Air Pollutants Under the Clean Air Act, Lauren Palley

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    Using a Shield as a Sword: Are International Organizations Abusing Their Immunity?, Daniel D. Bradlow

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    Using Citizen Suits to Protect Biodiversity, William Snape

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    Using Competition Law to Promote Access to Knowledge, Sean Flynn

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    Using International Human Rights Law and Machinery in Defending Borderless Crime Cases, Richard J. Wilson

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    Using Investor-State Mediation Rules to Promote Conflict Management, Susan Franck

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    Using the ADA's 'Integration Mandate' to Disrupt Mass Incarceration, Robert Dinerstein

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    Using the Papers of U.S. Supreme Court Justices: A Reflection, Stephen Wermiel

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    Using the Public Nuisance Doctrine to Combat Antibiotic Resistance, Amanda Purcell

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    Using the Supreme Court's Enigmatic Commerce Clause Holding in Sebelius to Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker

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    Using the World Bank Inspection Panel to Defend the Interests of Project-Affected People, David Hunter

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    U.S. Regulation of Blockchain Currencies: A Policy Overview, Averie Brookes

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    U.S. Regulation of Blockchain Currencies: A Policy Overview, Heather Hughes

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    U.S. Taxes Corporate Income at Comparatively Low Rates, Andrew Pike

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    U.S. Tax Imperialism in Puerto Rico, Diane Lourdes Dick

     

    U.S. Women's Legal History, Mary L. Clark

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    Utility Air Regulatory Group v. EPA: A Shot Across the Bow of the Administrative State, Amanda Leiter

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    ValueAct Partners and Hart-Scot-Rodino: Ending the Competition Between Investor Interest and Antitrust Law, Amy D'Avella

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    Valuing All Families: An Introduction to the 2008 Santa Clara Law Review Symposium, Nancy Polikoff

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    Vertical Restraints among Hospitals, Physicians and Health Insurers That Raise Rivals' Costs, Jonathan Baker

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    Vertical Restraints with Horizontal Consequences: Competitive Effects of Most-Favored-Customer Clauses, Jonathan Baker

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    Victims' Participation in the Investigations of the International Criminal Court, Susana Sacouto and Katherine A. Cleary

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    View from the Ivory Tower: Musings of a Former Family Lawyer, David Spratt

    PDF

    Views of the Future of the Field of International Justice: A Scenarios Project Based on Expert Consultations, Jennifer Trahan

    PDF

    Vilifying the Vigilante: A Narrowed Scope of Citizen's Arrest, Ira P. Robbins

    PDF

    Violencia de Género, Internet y el Derecho a la Libertad de Expresón: Un Nuevo DesafÍo Para el Derecho Internacional de los Derechos Humanos, Andrea Pietrafesa

    PDF

    Visibility and Accountability: Shining a Light on Proceedings in Misdemeanor Two-Tier Court Systems, Binny Miller

    PDF

    Visualizing DNA Proof, Nicholas L. Georgakopoulos

     

    Voluntary Disruptions: Author Meets Reader Session, Hilary Allen

    PDF

    Voluntary Licensing of Pharmaceuticals: The Strategy Against Compulsory Licensing, Daniel D. Kim

    PDF

    Wage Theft in Lawless Courts, Llezlie Green

    PDF

    Warrior Ants: The Enduring Threat of the Small War and the Land-Mine, Kenneth Anderson

    PDF

    Waste in Space: Remediating Space Debris Through the Doctrine of Abandonment and the Law of Capture, Emily M. Nevala

     

    Was the Former 1999 NATO Intervention an Illegal War Against the Former Republic of Yugoslavia?, Paul Williams and Catherine Croft

    PDF

    Watching You, Watching Me, Brenda Smith

    PDF

    Watching You, Watching Me, Brenda V. Smith

    PDF

    Water Law Be Dammed?: How Dam Construction by Non-hegemonic Basin States Places Strain on the Customary Law of Transboundary Watercourses, David Goad

    PDF

    Water Marketing and Instream Flows: The Next Step in Protecting California's Instream Values, Paul Williams and Stephen J. McHugh

    PDF

    We Have Lost a Sense of Purpose about Eliminating Torture, Juan E. Mendez

    PDF

    We "Kent" Keep Transferring Kids Without a Hearing: Using Recent Supreme Court Jurisprudence to Revive Kent v. United States and End Mandatory Transfer for Juveniles, Summer Woods

    PDF

    Western Europe: Last Holdout in the Worldwide Acceptance of Clinical Legal Education, Richard J. Wilson

    PDF

    What if Goliath Killed David? The Coalition to Counter ISIS and the Status and Responsibility of ISIS' Child Soldiers, Samantha Bradley

    PDF

    What Is 'Financial Stability' -The Need for Some Common Language in International Financial Regulation, Hilary Allen

     

    What Is “Financial Stability”?: The Need for Some Common Language in International Financial Regulation, Hilary Allen

    PDF

    What is Lost When Philanthropy Avoids Philanthropy Law, Benjamin Leff

    PDF

    What Makes a States: Territory, Paul Williams

    PDF

    What Marriage Equality Arguments Portend for Domestic Partner Employee Benefits, Nancy Polikoff

    PDF

    What Matters More: Preserving a Fundamental Right to Privacy or Tampering with Another's Dignity Through Searches Because of "Reasonable Suspicion", Darianne De Leon

     

    "What My Organization Can Do Differently to Reduce the 'Tax Gap'?", Nancy Abramowitz

    PDF

    What NGO Accountability Means - and Does Not Mean, Kenneth Anderson

    PDF

    What Role Can Regulations Play? A South African Public Law Perspective on the Potential Response through Regulations to Constitutional Reservations about the Copyright Amendment Bill, B-13B of 2017, Jonathan Klaaren

    PDF

    What's all the Hype About Hyperlinking?: Connections in Copyright, Dawn Leung

    PDF

    What's In The Box? Re-Conceptualizing Computers as Containers, Metadata as Contents of that Container, and Applying Fourth Amendment Protections, Christopher Michels

     

    What's Love Got to Do with It? Stereotypical Women in Dispositionist Torts, Fernanda Giorgia Nicola Dr.

     

    What’s Motivating Market Structure Reform, Hilary Allen

    PDF

    What the Swiss Miss (Review of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson

    PDF

    What to Do with Bin Laden and Al Qaeda Terrorists?: A Qualified Defense of Military Commissions and United States Policy on Detainees at Guantanamo Bay Naval Base, Kenneth Anderson

    PDF

    What We Talk About When We Talk About Health Reform, Lindsay Wiley

    PDF

    What Will Happen to the Critters, William Snape

    PDF

    What Would Justice Brennan Say to Justice Thomas, Stephen Wermiel

     

    What You Need to Know About Voting--and Why, Kimberly Wehle

    PDF

    When Congress Just Says No: Deterrence Theory and the Inadequate Enforcement of the Federal Election Campaign Act, Michael W. Carroll

    PDF

    When Forum Selection Clauses Meet Choice of Law Clauses, Tanya Monestier

    PDF

    When Human Rights Are Swept Away, Stephen Wermiel and Jerome Reide

    PDF

    When in Conflict: Guaranteeing the Right to Education in India, Sanskriti Sanghi

    PDF

    When Justice Goes to War: Prosecuting Terrorists before Military Commissions, Robert K. Goldman and Diane Orentlicher

    Link

    When the Law Won’t Work: The US National Football League’s extra-judicial approach to addressing employment discrimination in coaching, N. Jeremi Duru

    PDF

    When United Nations Sanctions Impact International Financial Governance: Lessons from the Libyan Sovereign Wealth Fund, Dini Sejko and Daley J. Birkett

    PDF

    When Worlds Collide: Drugs and Devices, Shruti Modi

    PDF

    When Your Colonizers are Hypocrites: Federal Poverty "Solutions" and Indigenous Survival of Sex Trafficking in Indian Country, Alix Bruce

    PDF

    Where Do We Go From Here? New and Emerging Issues in the Prosecution of War Crimes and Acts of Terrorism: A Panel Discussion, Kenneth Anderson

    PDF

    Where No Man Has Gone Before: Star Trek and the Death of Cultural Relativism in America, Kenneth Anderson

    PDF

    Whistle...and You've Got an Audience, Amanda Leiter

    PDF

    Whistleblower Protection and the Challenge to Public Employment Law, Robert Vaughn

    Link

    White Parents Searching for White Schools, Ezra Rosser

    PDF

    Who is the Client? Rethinking Professional Responsibility for Benefit Corporations, Joseph Pileri

    PDF

    Who Owns the Rules of War in Today's Post-Post-Cold War?, Kenneth Anderson

    PDF

    Who Owns the Rules of War? The War in Iraq Demands a Rethinking of the International Rules of Conduct, Kenneth Anderson

     

    Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles, Diane Orentlicher

    PDF

    Whose Justice - Reconciling Universal Juristidiction with Democratic Principles, Diane Orentlicher

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    Whose Music is it Anyway? How We Came to View Musical Expression as a Form of Property, Michael W. Carroll

    PDF

    Who Shall Rule and Govern? Local Legislative Delegations, Racial Politics, and the Voting Rights Act, Binny Miller

    PDF

    Why Anti-Surcharge Laws Do Not Violate a Merchant's Freedom of Speech, Annie P. Anderson

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    Why Capital Punishment is No Punishment At All, Jason Iuliano

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    Why Care about the History of Women in the Legal Profession, Mary Clark

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    Why Central Banks Need to Take Human Rights More Seriously, Daniel D. Bradlow

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    Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel

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    Why Did the Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker

     

    Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action, Andrew Ferguson

    PDF

    Why Lesbians and Gay Men Should Read Martha Fineman, Nancy Polikoff

    PDF

    Why Punctuation Matters; Part One, David Spratt

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    Why Punctuation Matters: Part Three, David Spratt

    PDF

    Why the Categorical Approach Should Not Be Used When Determining Whether an Offense Is a Crime of Violence Under the Residual Clause of 18 U.S.C. § 924 (c), Mary Frances Richardson

    PDF

    Why the Hurry to Regulate Autonomous Weapon Systems-but Not Cyber-Weapons?, Kenneth Anderson

    PDF

    Why We Are Confused About the Trademark Dilution Law, Christine Farley

    Link

    Will Rooney Rule revamp work? Onus is on NFL to Snuff Out Sham Interviews and Team Owners to Get Serious, N. Jeremi Duru

    PDF

    Wind Power and the Legal Challenges with NEPA and the ESA, Florianne Silvestri

    PDF

    WIPO Conversation on Intellectual Property (IP) and Artificial Intelligence (AI), Sean Flynn

    PDF

    Withdrawal of the Reference: Rights, Rules, and Remedies for Unwelcomed Web-Linking, Walter Effross

    Link

    Women Are Losing More Jobs in Coronavirus Shutdowns, Scott Horsley

    PDF

    Women as Supreme Court Advocates, 1879-1979, Mary Clark

     

    Women 'Firsts' in the U.S. Law School Professorate, Susan D. Carle

    PDF

    Women in Law, Susan Carle

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    Women's Banks and Women's Access to Credit: Competition between Marketplace and Regulatory Solutions to Gender Discrimination, Kenneth Anderson

    PDF

    Working 9 to 5? Equal Protection and States' Efforts to Impose Work Requirements for Medicaid Eligibility, David Wasserstein

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    Worldwide FRAND Licensing Standard, Garry A. Gabison

    PDF

    Worth the Effort?: Assessing the Khmer Rouge Tribunal, Diane Orentlicher

    PDF

    Would've, Could've, Should've: Custodial Standing of Non-Biological Same-Sex Parents for Children Born Before Marriage Equality, Frank Aiello

    PDF

    Writer's Block, David Spratt

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    Writer's Block - Resolve to Become a Better Writer, David Spratt

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    Writer's Block: The "Ins and Outs" of Good Legal Writing, Part One, David Spratt

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    Writer's Block: Why Punctuation Matters, Part Two, David Spratt

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    Writing Like a Contemporary (and Effective Lawyer): The Joys and Pitfalls of Legal Writing, David Spratt

    PDF

    Writings on the Wall: The Need for an Authorship-Centric Approach to the Authentication of Social-Networking Evidence, Ira P. Robbins

    PDF

    Writing Supreme Court Biography: A Single Lens View of a Nine-Sided Image, Stephen Wermiel

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    Writing Wrongs in Welfare: Why Legislating Morality Will Not Solve the Crisis of Poverty, Daniela Kraiem

     

    “WTO Participation and Potential Violation”, US Trade Policy Panel on WTO Participation and Potential Violation, Padideh Ala'i

    PDF

    Year in Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano

    PDF

    Yes, Virginia, There Are Stupid Questions, David Spratt

    PDF

    YOU Get the Law - And YOU Get the Law - And You Get the Law, Shannon M. Roddy

    PDF

    Your Claim Has Been Denied: Mental Health and Medical Necessity, Neiloy Sircar

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    "Your Corrupt Ways Had Finally Made You Blind": Prosecutorial Misconduct and the Use of "Ethnic Adjustments" in Death Penalty Cases of Defendants with Intellectual Disabilities, Michael L. Perlin

     

    Youth Justice in America, 2nd edition, Andrew Ferguson, Maryam Ahranjani, and Jamin B. Raskin

     

    Yugoslavia: Crisis in Kosovo, Kenneth Anderson and Helsinki Watch Committee

 
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