Cornell Law Review, Volume 95 Number 1 (November 2009)

Articles

The Structural Case for Vertical Maximalism Tara Leigh Grove

Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory? Victoria Nourse & Gregory Shaffer

Essay

Evolutionary Theory and the Origin of Property Rights James E. Krier

Notes

Negative Equity and Purchase-Money Security Interests Under the Uniform Commercial Code and the BAPCPA Geoffrey M. Collins

An Uncertain Precedent: United States v. Santos and the Possibility of a Legislative Remedy Evan Ennis

Cornell Law Review, Volume 94 Number 6 (September 2009)

Articles

Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes Theodore Eisenberg & Valerie P. Hans

Identifying Intense Preferences Daphna Lewinsohn-Zamir

Notes

Reducing the Unfair Effects of Nonmutual Issue Preclusion Through Damages Limits Steven P. Nonkes

Inquiry Notice Gone Awry: A Doctrine Abused in DeBenedictis v. Merrill Lynch Joseph Robertson

Cornell Law Review, Volume 94 Number 5 (July 2009)

Articles

The Law, Economics and Psychology of Subprime Mortgage Contracts Oren Bar-Gill

Super Wicked Problems and Climate Change: Restraining the Present to Liberate the Future Richard J. Lazarus

Regulating Funny: Humor and the Law Laura E. Little

Notes

Alternate Remedies & The False Claims Act: Protecting Qui Tam Relators in Light of Government Intervention and Criminal Prosecution Decisions Thomas L. Harris

Defining the Contours of United States v. Hensley: Limiting the Use of Terry Stops for Completed Misdemeanors Rachel S. Weiss

Cornell Law Review, Volume 94 Number 4 (May 2009)

SPECIAL ISSUE

Property and Obligation

A Statement of Progressive Property Gregory S. Alexander, Eduardo M. Peñalver, Joseph William Singer & Laura S. Underkuffler

Articles

The Social-Obligation Norm in American Property Law Gregory S. Alexander

Land Virtues Eduardo M. Peñalver

Responses

Virtue and Rights in American Property Law Eric R. Claeys

A Few Questions About the Social Obligation Norm Jedediah Purdy

Mind the Gap: The Indirect Relation Between Ends and Means in American Property Law Henry E. Smith

Should Property Scholars Drop Economics for Virtue? A Skeptical Comment Katrina M. Wyman

Essay

Democratic Estates: Property Law in a Free and Democratic Society Joseph William Singer

Reply

The Complex Core of Property Gregory S. Alexander

Cornell Law Review, Volume 94 Number 3 (March 2009)

Articles

Listening to Congress: Earmark Rules and Statutory Interpretation Rebecca M. Kysar

Judicial Independence in Excess: Reviving the Judicial Duty of the Supreme Court Paul D. Carrington & Roger C. Cramton Responses

A Few Thoughts on Judicial Supremacy: A Response to Professors Carrington and Cramton Honorable Patrick E. Higginbotham

Reining in the Superlegislature: A Response to Professors Carrington and Cramton Daniel J. Meador Notes

Genocide Funding: The Constitutionality of State Divestment Statutes Sapna Desai The Tide Turns: The Changing HIV/AIDS Epidemic and the Criminalization of HIV Exposure James B. McArthur

Cornell Law Review, Volume 94 Number 2 (January 2009)

Articles

Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction Dan Markel

The Anti-Corruption Principle Zephyr Teachout Notes Weissman v. National Association of Securities Dealers: A Dangerously Narrow Interpretation of Absolute Immunity for Self-Regulatory Organizations Andrew J. Cavo

Mandatory Reassignment Under the ADA: The Circuit Split and Need for A Socio-Political Understanding of Disability Nicholas A. Dorsey Essay

Pitfalls Ahead: A Manifesto for the Training of Lawyers Anita Bernstein

Cornell Law Review, Volume 94 Number 1 (November 2008)

Articles

Globalizing Commercial Litigation Jens Dammann & Henry Hansmann Daniel Defoe and the Written Constitution Bernadette Meyler

Notes

Big Boy Letters: Trading on Inside Information Edwin D. Eshmoili

The Offshoring of American Government Michael A. Zuckerman

Essay Brown and the Colorblind Constitution Christopher W. Schmidt

Cornell Law Review, Volume 93 Number 6 (September 2008)

Article

Federal Search Commission?  Access, Fairness, and Accountability in the Law of Search Oren Bracha & Frank Pasquale

Notes Swap Meet: Introducing the Framers to Nader’s Traders Through Porter v. Bowen Eric J. Finkelstein Judging Without the Facts: A Schematic for Reviewing State Secrets Privilege Claims Michael H. Page

Colloquium

Discussing David Luban’s Legal Ethics and Human Dignity

Prosecuting the Jena Six Anthony V. Alfieri

Structure and Integrity Susan Carle

The Human Dignity of Clients Katherine R. Kruse

The Past, Present, and Future of Legal Ethics: Three Comments for David Luban William H. Simon The Rule of Law in Action: A Defense of Adversary System Values Norman W. Spaulding Legal Ethics as “Political Moralism” or the Morality of Politics W. Bradley Wendel

The Inevitability of Conscience: A [...]]]>

Cornell Law Review, Volume 93 Number 6 (September 2008)

Article

Federal Search Commission?  Access, Fairness, and Accountability in the Law of Search
Oren Bracha & Frank Pasquale

Notes

Swap Meet: Introducing the Framers to Nader’s Traders Through Porter v. Bowen
Eric J. Finkelstein

Judging Without the Facts: A Schematic for Reviewing State Secrets Privilege Claims
Michael H. Page

Colloquium

Discussing David Luban’s Legal Ethics and Human Dignity

Prosecuting the Jena Six
Anthony V. Alfieri

Structure and Integrity
Susan Carle

The Human Dignity of Clients
Katherine R. Kruse

The Past, Present, and Future of Legal Ethics: Three Comments for David Luban
William H. Simon

The Rule of Law in Action: A Defense of Adversary System Values
Norman W. Spaulding

Legal Ethics as “Political Moralism” or the Morality of Politics
W. Bradley Wendel

The Inevitability of Conscience: A Response to My Critics
David Luban

Cornell Law Review, Volume 93 Number 5 (July 2008)

Symposium: U.S. Food and Drug Regulation in its First Century and Beyond

Articles

The Little Agency that Could (Act with Indifference to Constitutional and Statutory Strictures) Lars Noah

Dirty Dancing—The FDA Stumbles with the Chevron Two-Step: A Response to Professor Noah Gary Lawson Losing Deference in the FDA’s Second Century: Judicial Review, Politics, and a Diminished Legacy of Expertise James T. O’Reilly

The FDA and Deference Lost: A Self-Inflicted Would or the Product of a Wounded Agency?  A Response to Professor O’Reilly David C. Vladeck

FDA Regulatory Compliance Reconsidered Carl Tobias Great and Lesser Powers of Tort Reform: The Primary Jurisdiction Doctrine and State-Law Claims Concerning FDA-Approved Products Catherine T. Struve

Drug Review “Behind the Curtain”: A Response to Professor Struve James T. O’Reilly

Food, Drugs, and Droods: A Historical Consideration of Definitions [...]]]>

Cornell Law Review, Volume 93 Number 5 (July 2008)

Symposium: U.S. Food and Drug Regulation in its First Century and Beyond

Articles

The Little Agency that Could (Act with Indifference to Constitutional and Statutory Strictures)
Lars Noah

Dirty Dancing—The FDA Stumbles with the Chevron Two-Step: A Response to Professor Noah
Gary Lawson

Losing Deference in the FDA’s Second Century: Judicial Review, Politics, and a Diminished Legacy of Expertise
James T. O’Reilly

The FDA and Deference Lost: A Self-Inflicted Would or the Product of a Wounded Agency?  A Response to Professor O’Reilly
David C. Vladeck

FDA Regulatory Compliance Reconsidered
Carl Tobias

Great and Lesser Powers of Tort Reform: The Primary Jurisdiction Doctrine and State-Law Claims Concerning FDA-Approved Products
Catherine T. Struve

Drug Review “Behind the Curtain”: A Response to Professor Struve
James T. O’Reilly

Food, Drugs, and Droods: A Historical Consideration of Definitions and Categories in American Food and Drug Law
Lewis A. Grossman

Cornell Law Review, Volume 93 Number 4 (May 2008)

Articles

Grand Jury Discretion and Constitutional Design Roger A. Fairfax, Jr.

Can Law Manage Competitive Energy Markets? David B. Spence

Notes

Striking a Better Public-Private Balance in Forum Non Conveniens Emily J. Derr

Restitution and the Lacey Act: New Solutions, Old Remedies Kenneth B. Meyer

Book Review

The Quantitative Moment and the Qualitative Opportunity: Legal Studies of Judicial Decision Making Gregory C. Sisk

Cornell Law Review, Volume 93 Number 3 (March 2008)

Articles

State Courts Unbound Frederic M. Bloom

Trust Privacy Frances H. Foster

Notes

Torturous Consequences and the Case of Maher Arar: Can Canadian Solutions “Cure” the Due Process Deficiencies in U.S. Removal Proceedings? Erin Craddock

The Magnuson-Moss Warranty Act, the Federal Arbitration Act, and the Future of Consumer Protection Jonathan D. Grossberg

Book Review

Against Judgment Katherine Y. Barnes

Articles

Standing, Injury in Fact, and Private Rights F. Andrew Hessick

It’s a Wonderful Life Ronen Perry

Notes

The Obstruction of Justice Nexus Requirement After Arthur Andersen and Sarbanes-Oxley Kyle R. Taylor

The Case of the Missing Shareholders: A New Restriction on Honest Services Fraud in United States v. Brown Douglas Zolkind

Book Review

An Insider’s Look at the War on Terrorism Robert F. Turner

Cornell Law Review, Volume 93 Number 1 (November 2007)

Articles and Responses Blinking on the Bench: How Judges Decide Cases Chris Guthrie, Jeffrey J. Rachlinski & Andrew J. Wistrich Unleashing the Dogs of War: What the Constitution Means by “Declare War” Saikrishna Prakash

Making War Robert J. Delahunty & John Yoo

The President’s Power to Respond to Attacks Michael D. Ramsey A Two-Front War Saikrishna Prakash Notes The Requirement for Metadata Production Under Williams V. Sprint/United Management Co.: An Unnecessary Burden for Litigants Engaged in Electronic Discovery Lucia Cucu

“Respectful Consideration” After Sanchez-Llamas V. Oregon: Why the Supreme Court Owes More to the International Court of Justice Steven Arrigg Koh

I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.

The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have [...]]]>

I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.

The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have to. Just keep reading Concurring Opinions, and information about the latest law review scholarship will be brought to you – all in one place!

Each journal’s tables of contents will be archived in two categories: (1) a category called Law Rev Contents – collecting all the law review table of contents postings; and (2) a category for each specific law review.

Participating law reviews thus far include:

* Boston College

* Chicago

* Columbia

* Cornell

* Duke

* Emory

* Fordham

* Georgetown

* GW

* Harvard

* Indiana

* Michigan

* Minnesota

* NYU

* Northwestern

* Notre Dame

* Southern California

* Stanford

* Texas

* UCLA

* Vanderbilt

* Virginia

* Washington University

* Yale

We still have a bunch of open invitations, so we anticipate that the number of participants will grow. Unfortunately, we cannot include all law reviews, as this will overwhelm the regular content of our blog.

We hope that you find this new feature to be helpful. We’re very excited about it here, as we believe that this will be of great use to keep you informed about new legal scholarship.