Volume 59 October 2009 Number 2

Articles

How the Dissent Becomes the Majority: Using Federalism to Transform Coalitions in the U.S. Supreme Court

Vanessa Baird & Tonja Jacobi

Living Originalism

Thomas B. Colby & Peter J. Smith

Notes

Reasonableness Meets Requirements: Regulating Security and Privacy in Software

Paul N. Otto

Making Amends: Amending the ICSID Convention to Reconcile Competing Interests in International Investment Law

Kate M. Supnik

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Volume 59 October 2009 Number 1

Articles

Constraining Public Employee Speech: Government’s Control of Its Workers’ Speech to Protect Its Own Expression

Helen Norton

Notes

Rescuing the Hero: The Ramifications of Expanding the Duty to Rescue on Society and the Law

Amelia H. Ashton

When Insiders Become Outsiders: Parental Objections to Public School Sex Education Programs

Emily J. Brown

The Fiduciary Duty in Mutual Fund Excessive Fee Cases: Ripe for Reexamination

Emily D. Johnson

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Volume 58 May 2009 Number 8

Articles

Pitfalls of Empirical Studies that Attempt to Understand the Factors Affecting Appellate Decisionmaking

Hon. Harry T. Edwards & Michael A. Livermore

A More Perfect System: The 2002 Reforms of the Board of Immigration Appeals

John D. Ashcroft & Kris W. Kobach

The NLRB in Administrative Law Exile: Problems with Its Structure and Function and Suggestions for Reform

Catherine L. Fisk & Deborah C. Malamud

Political Control of Federal Prosecutions: Looking Back and Looking Forward

Daniel Richman

Federalism Accountability: “Agency-Forcing” Measures

Catherine M. Sharkey

Depoliticizing Administrative Law

Cass R. Sunstein & Thomas J. Miles

The Parliament of the Experts

Adrian Vermeule

Administration of War

John Yoo

Comment

Comment on Professor Yoo, Administration of War

Richard H. Kohn

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Volume 58 April 2009 Number 7

Foreword

Measuring Judges and Justice

Jeffrey M. Chemerinsky & Jonathan L. Williams

Introduction

“Only Connect”: Toward a Unified Measurement Project

David F. Levi & Mitu Gulati

Articles

Economic Trends and Judicial Outcomes: A Macrotheory of the Court

Thomas Brennan, Lee Epstein & Nancy Staudt

The Warp and Woof of Statutory Interpretation: Comparing Supreme Court Approaches in Tax Law and Workplace Law

James J. Brudney & Corey Ditslear

Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges

Stephen J. Choi, Mitu Gulati & Eric A. Posner

Judging the Judges

Frank B. Cross & Stefanie Lindquist

Remaking the United States Supreme Court in the Courts’ of Appeals Image

Tracey E. George & Chris Guthrie

The “Hidden Judiciary”: An Empirical Examination of Executive Branch Justice

Chris Guthrie, Jeffrey J. Rachlinski & Andrew J. Wistrich

Are Empiricists Asking the Right [...]]]>

Volume 58 April 2009 Number 7

Foreword

Measuring Judges and Justice

Jeffrey M. Chemerinsky & Jonathan L. Williams

Introduction

“Only Connect”: Toward a Unified Measurement Project

David F. Levi & Mitu Gulati

Articles

Economic Trends and Judicial Outcomes: A Macrotheory of the Court

Thomas Brennan, Lee Epstein & Nancy Staudt

The Warp and Woof of Statutory Interpretation: Comparing Supreme Court Approaches in Tax Law and Workplace Law

James J. Brudney & Corey Ditslear

Judicial Evaluations and Information Forcing: Ranking State High Courts and Their Judges

Stephen J. Choi, Mitu Gulati & Eric A. Posner

Judging the Judges

Frank B. Cross & Stefanie Lindquist

Remaking the United States Supreme Court in the Courts’ of Appeals Image

Tracey E. George & Chris Guthrie

The “Hidden Judiciary”: An Empirical Examination of Executive Branch Justice

Chris Guthrie, Jeffrey J. Rachlinski & Andrew J. Wistrich

Are Empiricists Asking the Right Questions about Judicial Decisionmaking?

Jack Knight

Predicting Court Outcomes through Political Preferences: The Japanese Supreme Court and the Chaos of 1993

J. Mark Ramseyer

Are Appointed Judges Strategic Too?

Joanna M. Shepherd

Responses

Justices as Economic Fixers: A Response to A Macrotheory of the Court

Scott Baker, Adam Feibelman & William P. Marshall

The Continuing Search for a Meaningful Model of Judicial Rankings and Why It (Unfortunately) Matters

Scott Baker, Adam Feibelman & William P. Marshall

Probing the Effects of Judicial Specialization

Lawrence Baum

A Response to Professors George and Guthrie, Remaking the United States Supreme Court in the Courts’ of Appeals Image

Michael Boudin

A Response to Professor Ramseyer, Predicting Court Outcomes through Political Preferences

Michael Boudin

No Warrant for Radical Change: A Response to Professors George and Guthrie

Erwin Chemerinsky

Do Judges Think? Comments on Several Papers Presented at the Duke Law Journal’s Conference on Measuring Judges and Justice

Robert Henry

A Response to Professor Knight, Are Empiricists Asking the Right Questions about Judicial Decisionmaking?

H. Jefferson Powell

On Doctors and Judges

Barak Richman

Just Because You Can Measure Something, Does It Really Count?

Laura Denvir Stith

Does the Supreme Court Follow the Economic Returns? A Response to A Macrotheory of the Court

Ernest A. Young & Erin C. Blondel

The Court and the Code: A Response to The Warp and Woof of Statutory Interpretation

Lawrence Zelenak

Book Review

Autocrat of the Armchair

David F. Levi

Interview

A Conversation with Judge Richard A. Posner

Notes

Applying Lawrence: Teenagers and the Crime against Nature

Daniel Allender

A Picture Imperfect: The Rights of Art Consignor-Collectors When Their Art Dealer Files for Bankruptcy

Hilary Jay

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Volume 58 March 2009 Number 6

Articles

Litigation Discovery Cannot Be Optimal but Could Be Better: The Economics of Improving Discovery Timing in a Digital Age

Scott A. Moss

The Lost History of Governance and Equal Protection

V.F. Nourse, Sarah A. Maguire

Essay

Are American CEOs Overpaid, and, if So, What if Anything Should Be Done about It?

Richard A. Posner

Lecture

What Can Brown Do for You?: Neutral Principles and the Struggle over the Equal Protection Clause

Pamela S. Karlan

Notes

Restoring RLUIPAs Equal Terms Provision

Sarah Keeton Campbell

Abandonment and Reconciliation: Addressing Political and Common Law Objections to Fetal Homicide Laws

Douglas S. Curran

Fraud on the Market Gets a Minitrial: Eisen through In re IPO

Patricia Groot

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Volume 58 February 2009 Number 5

Articles

Judgment-Sharing Agreements

Christopher R. Leslie

Notes

Remembering Democracy in the Debate over Election Reform

Matthew Michael Calabria

A Question of Costs: Considering Pressure on White-Collar Criminal Defendants

Sarah Ribstein

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Volume 58 January 2009 Number 4

Articles

Chevron’s Mistake

Lisa Schultz Bressman

Money, Politics, and Impartial Justice

Joanna M. Shepherd

Notes

Avoiding Mere Incantations: Evaluating Success on Nonfee Claims When Determing Prevailing-Party Status under 42 U.S.C. § 1998

Jessica L. Brumley

Counting Offenses

Jeffrey M. Chemerinsky

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Volume 58 December 2008 Number 3

Articles

Spending Clause Litigation in the Roberts Court

Samuel R. Bagenstos

Regulation with Placebo Effects

Anup Malani

Notes

Constitutional Secrecy: Aligning National Security Letter Nondisclosure Provisions with First Amendment Rights

Brian D. Eyink

Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar

James P. McDonald

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Volume 58 November 2008 Number 2

Articles

Articles

Leaving the House: The Constitutional Status of Resignation from the House of Representatives

Josh Chafetz

Notes

Victims’ Rights in an Adversary System

Erin C. Blondel

The Newest Spectator Sport: Why Extending Victims’ Rights to the Spectators’ Gallery Erodes the Presumption of Innocence

Sierra Elizabeth

The Development and Failure of Social Norms in Second Life

Phillip Stoup

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Volume 58 October 2008 Number 1

Articles

Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences

Nancy J. King, Suzanna Sherry

Notes

A Divine Comity: Certification (at Last) in North Carolina

Eric Eisenberg

Buyer Beware: Why the Class Arbitration Waiver Presents a Gloomy Future for Consumers

Daniel R. Higginbotham

The Next “Great Dissenter”? How Clarence Thomas Is Using the Words and Principles of John Marshall Harlan to Craft a New Era of Civil Rights

Hannah L. Weiner

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Volume 57 May 2008 Number 7

Articles

Administrative Law’s Federalism: Preemption, Delegation, and Agencies at the Edge of Federal Power

Brian Galle, Mark Seidenfeld

Administrative Law as the New Federalism

Gillian E. Metzger

Essays

Tennis with the Net Down: Administrative Federalism Without Congress

Stuart Minor Benjamin, Ernest A. Young

The California Greenhouse Gas Waiver Decision and Agency Interpretation: A Response to Professors Galle and Seidenfeld

Nina A. Mendelson

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Volume 57 April 2008 Number 6

Articles

Is It Wrong to Sue for Rape?

Tom Lininger

The Right’s Reasons: Constitutional Conflict and the Spread of Woman-Protective Anti-Abortion Argument

Reva B. Siegel

Economic Foundations of Intellectual Property Rights

Joseph E. Stiglitz

In Defense of Prometheus: Some Ethical, Economic, and Regulatory Issues of Sports Doping

Richard A. Posner

The Problem of Doping

Doriane Lambelet Coleman and James E. Coleman, Jr.

Notes

The Costs of Perceived Hypocrisy: The Impact of U.S. Treatment of Foreign Acquisitions of Domestic Enterprises

Destiny Duron Deas

Assessing the Constitutionality of the Alien Terrorist Removal Court

John Dorsett Niles

Cell Phone Ringtones: A Case Study Exemplifying the Complexities of the Section 115 Mechanical License of the Copyright Act of 1976

Daniel M. Simon

The Shadows of Future Generations

Matthew W. Wolfe

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Volume 57 March 2008 Number 5

Articles

Repairing Family Law

Clare Huntington

Paradigms of Restraint

Erin Murphy

Notes

Hindsight Is 20/20: Revisiting the Reapportionment Cases to Gain Perspective on Partisan Gerrymanders

Douglass Calidas

From New London to Norwood: A Year in the Life of Eminent Domain

Andrew S. Han

The Siren Song of Interrogational Torture: Evaluating the U.S. Implementation of the U.N. Convention Against Torture

Isaac A. Linnartz

How Reasonable Is “Reasonable”? The Search for Satisfactory Approach to Employment Handbooks

Bryce Yoder

Volume 57 February 2008 Number 4

Articles

Institutions in the Marketplace of Ideas

Joseph Blocher

The Internationalization of Public Interest Law

Scott L. Cummings

Is Secured Debt Used to Redistribute Value from Tort Claimants in Bankruptcy? An Empirical Analysis

Yair Listokin

Notes

Regulating Corporations the American Way: Why Exhaustive Rules and Just Deserts Are the Mainstay of U.S. Corporate Governance

Jonas V. Anderson

Court-Ordered Restrictions on Trial Participant Speech

Jonathan Eric Pahl

The Continued Relevance of the Irrelevance-of-Motive Maxim

Michael T. Rosenberg

Freedom to Defraud: Stoneridge, Primary Liability, and the Need to Properly Define Section 10(b)

Travis S. Souza

Rendering Turner Toothless: The Supreme Court’s Decision in Beard v. Banks

Jennifer N. Wimsatt

Volume 57 December 2007 Number 3

Articles

The Legal Ethics of Pediatric Research

Doriane Lambelet Coleman

The Competing Paradigms of Securities Regulation

James J. Park

Notes

The Grand Bargain: Revitalizing Labor through NLRA Reform and Radical Workplace Relations

Michael M. Oswalt

Unionizing NCAA Division I Athletics: A Viable Solution?

Rohith A. Parasuraman

Standing Up to Legislative Bullies: Separation of Powers, State Courts and Educational Rights

Sonja Ralston Elder

Judicial Discretion and the Bankruptcy Abuse Prevention Act

Lauren E. Tribble

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.