Articles

Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases

Tonja Jacobi & Matthew Sag

A Pragmatic Defense of Contract Law

Nathan B. Oman Rethinking Bivens: Legitimacy and Constitutional Adjudication

James E. Pfander & David Baltmanis

Notes

The Liability of Clergy for the Acts of Their Congregants

Mark Herman

Climate Change Litigation: Drawing Lines to Avoid Strict, Joint, and Several Liability

Kirk Maag

Insuring Fairness: The Popular Creation of Genetic Antidiscrimination

Jeffrey Morrow ]]>

Articles

Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases

Tonja Jacobi & Matthew Sag

A Pragmatic Defense of Contract Law

Nathan B. Oman

Articles

(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why ‘Separate’ Nomenclature for Gay and Straight Relationships Will Never Be ‘Equal’

Courtney Megan Cahill

A Voice-Based Framework for Evaluating Claims of Minority Shareholder Oppression in the Close Corporation

Benjamin Means

Keith E. Whittington

Notes

“That’s a Wrap! (Or Is It?)”: The Unanswered Question of Severability Under California’s Talent Agencies Act After Marathon Entertainment, Inc. v. Blasi

Erick Flores

The Suspension of Intellectual Property Obligations Under TRIPS: A Proposal for Retaliating Against Technology-Exporting Countries in the World Trade Organization

Gabriel L. Slater

The Least Televised Branch: A Separation of Powers Analysis of Legislation to Televise the Supreme Court

Brandon Smith ]]>

Articles

(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why ‘Separate’ Nomenclature for Gay and Straight Relationships Will Never Be ‘Equal’

Courtney Megan Cahill

A Voice-Based Framework for Evaluating Claims of Minority Shareholder Oppression in the Close Corporation

Benjamin Means

Georgetown Law Journal, Issue 97.4 (April 2009)

Articles

Government as Educator: A New Understanding of First Amendment Protection of Academic Freedom and Governance

Judith Areen

Torture Nation, Torture Law

John T. Parry

Symbolic Expression and the Original Meaning of the First Amendment

Eugene Volokh

Notes

Shareholder Liability for Corporate Torts: A Historical Perspective

Daniel R. Kahan

An International Hit Job: Prosecuting Organized Crime Acts as Crimes Against Humanity

Jennifer M. Smith

Georgetown Law Journal, Issue 97.3 (March 2009)

Articles

Selling Originalism

Jamal Greene

A Theory of Judicial Power and Judicial Review

David S. Law

Essay and Responses

Spam Jurisprudence, Air Law, and the Rank Anxiety of Nothing Happening (A Report on the State of the Art)

Pierre Schlag

Get a LIfe?

Daniel R. Ortiz

The State of Legal Scholarship Today (A Comment on Schlag)

Richard A. Posner

Daniel Arises: Notes (Such as 30 and 31) from the Schlagaground

Richard H. Weisberg

A Reply to Pierre

Robin West

Notes

Procurement and the Polls: How Sharing Responsibility for Acquiring Voting Machines Can Improve and Restore Confidence in American Voting Systems

Philip J. Peisch

“The Great Equalizer”: Making Sense of the Supreme Court’s Equal Protection Jurisprudence in American Public Education and Beyond

Matthew Scutari

Georgetown Law Journal, Issue 97.2 (January 2009)

Articles

Legislative Supremacy in The United States? Rethinking the Enrolled Bill Doctrine

Ittai Bar-Siman-Tov

Substance or Illusion? The Dangers of Imposing a Standing Threshold

Amanda Leiter

The Optimal Relationship Between Taxable Income and Financial Accounting Income: Analysis and a Proposal

Daniel Shaviro

Is Privacy a Woman?

Jeannie Suk

Notes

When “Turnabout” Is Not “Fair Play”: Tribal Immunity Under the Indian Gaming Regulatory Act

Courtney J. A. DaCosta

When Is a Search Not a Search? When It’s a Quarter: The Third Amendment, Originalism, and NSA Wiretapping

Josh Dugan

A “Margin of Appreciation” for “Marriages of Appreciation”: Reconciling South Asian Adult Arranged Marriages with the Matrimonial Consent Requirement in International Human Rights Law

Prashina J. Gagoomal

Unpublished Opinions: A Convenient Means to an Unconstitutional End

Erica Weisgerber

Georgetown Law Journal, Issue 97.1 (November 2008)

Articles

Risk Governance and Deliberative Democracy in Health Care

Nan D. Hunter

Judicial Review and the Right To Resist

Edward Rubin

Crimen Sine Lege: Judicial Lawmaking at the Intersection of Law and Morals

Beth Van Schaack

Systemic Risk

Steven L. Schwarcz

Notes

Preserving the Value of Unanimous Criminal Jury Verdicts in Anti-Deadlock Instructions

Emil J. Bove III

The Elusive Value: Protecting Privacy During Class Action Discovery

Jeff Kosseff

Georgetown Law Journal, Issue 96.6 (August 2008)

Articles

The Judgment Power

William Baude

Should Courts Give Stare Decisis Effect to Statutory Interpretation Methodology?

Sydney Foster

Responders’ Responsibility: Liability and Immunity in Public Health Emergencies

Sharona Hoffman

Tabloid Constitutionalism: How a Bill Doesn’t Become a Law

Brian C. Kalt

The Property Puzzle

Amnon Lehavi

Notes

“The Provision of Material Support and Resources” and Lawsuits Against State Sponsors of Terrorism

Michael T. Kotlarczyk

Taking the Temple: Eminent Domain and the Limits of RLUIPA

Daniel N. Lerman

Gods & Gays: Analyzing the Same-Sex Marriage Debate from a Religious Perspective

Ben Schuman

Expanding Expanded Access: How the Food and Drug Administration Can Achieve Better Access to Experimental Drugs for Seriously Ill Patients

Judy Vale

Georgetown Law Journal, Issue 96.5 (June 2008)

Articles

The Antidomination Model and the Judicial Oversight of Democracy

Yasmin Dawood

Advocacy Matters Before and Within the Supreme Court: Transforming the Court by Transforming the Bar

Richard J. Lazarus

Climate Change Justice

Eric A. Posner & Cass R. Sunstein

The Executive’s Duty To Disregard Unconstitutional Laws

Saikrishna Bangalore Prakash

Notes

Zero to Life: Sentencing Appeals at the International Criminal Tribunals for the Former Yugoslavia and Rwanda

Jennifer J. Clark

Hamlet Was a Law Student: A “Dramatic” Look at Emotion’s Effect on Analogical Reasoning

Jonathan Uffelman

How Self-Restriction Laws Can Influence Societal Norms and Address Problems of Bounded Rationality

Cecil VanDevender

Georgetown Law Journal, Issue 96.4 (April 2008)

Articles

The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan

William N. Eskridge & Lauren E. Baer

The Hanging Chads of Corporate Voting

Marcel Kahan & Edward Rock

Writing, Cognition, and the Nature of the Judicial Function

Chad M. Oldfather

Notes

When Clarity Means Ambiguity: An Examination of Statutory Interpretation at the Environmental Protection Agency

Susannah Landes Foster

Hearsay at Guantanamo: A “Fundamental Value Determination”

Martin A. Hewett

The dataset for Eskridge & Baer’s The Continuum of Deference is available here.

Georgetown Law Journal, Issue 96.3 (March 2008)

Articles

Confronting Evil: Victims’ Rights in an Age of Terror

Wayne A. Logan

The Private Enforcement of Immigration Laws

Huyen Pham

Triangulating Testimonial Hearsay: The Constitutional Boundaries of Expert Opinion Testimony

Julie E. Seaman

The New Servitudes

Molly Shaffer Van Houweling

Notes

Stitching Together the Patchwork: Burlington Northern’s Lessons for State Whistleblower Law

Courtney J. Anderson DaCosta

Burlamaqui, the Constitution, and the Imperfect War on Terror

Kathryn L. Einspanier

Discriminatory Condemnations and the Fair Housing Act

Edward Imperatore

From Georgia v. Tennessee to Massachusetts v. EPA: Parens Patriae Standing for State Global Warming Plaintiffs

Sara Zdeb

The Georgetown Law Journal, Issue 96:2 (January 2008)

Symposium: The O’Neill Institute for National and Global Health Law

Foreword: National and Global Health Law: A Scholarly Examination of the Most Pressing Health Hazards

Lawrence O. Gostin

GLOBAL HEALTH

Meeting Basic Survival Needs of the World’s Least Healthy People: Toward a Framework Convention on Global Health

Lawrence O. Gostin

Global Health Jurisprudence: A Time of Reckoning

David P. Fidler

Global Health Care Financing Law: A Useful Concept?

Timothy Stoltzfus Jost

Normative Foundations of Global Health Law

Jennifer Prah Ruger

HEALTH REGULATION AND GOVERNANCE

Climate Change, Human Health, and the Post-Cautionary Principle

Lisa Heinzerling

A Critical Examination of the FDA’s Efforts To Preempt Failure-To-Warn Claims

David A. Kessler & David C. Vladeck

Relational Duties, Regulatory Duties, and the Widening Gap Between Individual Health Law and Collective Health Policy

William M. [...]]]>

The Georgetown Law Journal, Issue 96:2 (January 2008)

Symposium: The O’Neill Institute for National and Global Health Law

Foreword: National and Global Health Law: A Scholarly Examination of the Most Pressing Health Hazards

Lawrence O. Gostin

GLOBAL HEALTH

Meeting Basic Survival Needs of the World’s Least Healthy People: Toward a Framework Convention on Global Health

Lawrence O. Gostin

Global Health Jurisprudence: A Time of Reckoning

David P. Fidler

Global Health Care Financing Law: A Useful Concept?

Timothy Stoltzfus Jost

Normative Foundations of Global Health Law

Jennifer Prah Ruger

HEALTH REGULATION AND GOVERNANCE

Climate Change, Human Health, and the Post-Cautionary Principle

Lisa Heinzerling

A Critical Examination of the FDA’s Efforts To Preempt Failure-To-Warn Claims

David A. Kessler & David C. Vladeck

Relational Duties, Regulatory Duties, and the Widening Gap Between Individual Health Law and Collective Health Policy

William M. Sage

Can We Get There from Here? Universal Health Insurance and the Congressional Budget Process

Tim Westmoreland

HEALTH CARE FINANCING AND ORGANIZATION

Health Care Rationing: Inevitable but Impossible?

Henry J. Aaron

The Erosion of Individual Autonomy in Medical Decisionmaking: Of the FDA and IRBs

Richard A. Epstein

The Legal and Historical Foundations of Patients as Medical Consumers

Mark A. Hall

Deconstructing Negligence: The Role of Individual and System Factors in Causing Medical Injuries

Michelle M. Mello & David M. Studdert

Health Law’s Coherence Anxiety

Theodore W. Ruger

DISEASE PREVENTION AND HEALTH OUTCOMES

Empirical Health Law Scholarship: The State of the Field

Michelle M. Mello & Kathryn Zeiler

Public Health Surveillance in the Twenty-First Century: Achieving Population Health Goals While Protecting Individuals’ Privacy and Confidentiality

Michael A. Stoto

The Georgetown Law Journal, Issue 96:1 (October 2007)

Articles

School Naming Rights and the First Amendment’s Perfect Storm

Joseph Blocher

The One Court That Congress Cannot Take Away: Singularity, Supremacy, and Article III

Laurence Claus

Privacy’s Other Path: Recovering the Law of Confidentiality

Neil M. Richards & Daniel J. Solove

Witchcraft and Statecraft: Liberal Democracy in Africa

Nelson Tebbe

Notes

The Ties That Bind: The Constitution, Structural Restraints, and Government Action Overseas

Jessica Powley Hayden

A More Reliable Right To Present a Defense: The Compulsory Process Clause After Crawford v. Washington

Martin A. Hewett

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.