ARTICLES

The New Poor at Our Gates: Global Justice Implications for International Trade and Tax Law

Ilan Benshalom

The Anti-Stereotyping Principle in Constitutional Sex Discrimination Law

Cary Franklin

Blind Expertise

Christopher Tarver Robertson

NOTES

Maintaining Educational Adequacy in Times of Recession: Judicial Review of State Education Budget Cuts

Vinay Harpalani

Aggregate Reliance and Overcharges: Removing Hurdles to Class Certification for Victims of Mass Fraud

Shawn S. Ledingham, Jr.

Global Institutional Choice

Frederick J. Lee

Improving the Protection of Species Endangered in the United States by Revising the Distinct Population Segment Policy

Allison L. Westfahl Kong

THOMAS M. FRANCK TRIBUTE

Professor Thomas M. Franck

Richard L. Revesz

Remembering Thomas Franck

Thomas Buergenthal

Thomas M. Franck

Normen Dorsen

In Memoriam: Thomas M. Franck (1931-2009)

Michael J. Glennon

The Invisible College of Thomas Franck

Harold Hongju Koh, Miriam E. Saprio, Christopher J. Borgen, Peter A. Gutherie & Michael J. Mattler

Thomas M. Franck: A Selected Bibliography

ARTICLES

The Rights of Migrants: An Optimal Contract Framework

Adam B. Cox & Eric A. Posner

Protecting Them from Themselves: The Persistence of Mutual Benefits Arguments for Sex and Race Inequality

Jill Elaine Hasday

Tax Expenditures and Global Labor Mobility

Ruth Mason

NOTES

Reining in Non-State Actors: State Responsibility and Attribution in Cases of Genocide

Berglind Halldorsdottir Birkland

Preventing Real Takings for Imaginary Purposes: A Post-Kelo Public Use Proposal

William A. Curran

An Administrative Law Approach to Reforming the State Secrets Privilege

Beth George

Paying-to-Play in Securities Class Actions: [...]]]>

THOMAS M. FRANCK TRIBUTE

Professor Thomas M. Franck

Richard L. Revesz

Remembering Thomas Franck

Thomas Buergenthal

Thomas M. Franck

Normen Dorsen

In Memoriam: Thomas M. Franck (1931-2009)

Michael J. Glennon

The Invisible College of Thomas Franck

Harold Hongju Koh, Miriam E. Saprio, Christopher J. Borgen, Peter A. Gutherie & Michael J. Mattler

Thomas M. Franck: A Selected Bibliography

ARTICLES

The Rights of Migrants: An Optimal Contract Framework

Adam B. Cox & Eric A. Posner

Protecting Them from Themselves: The Persistence of Mutual Benefits Arguments for Sex and Race Inequality

Jill Elaine Hasday

Tax Expenditures and Global Labor Mobility

Ruth Mason

NOTES

Reining in Non-State Actors: State Responsibility and Attribution in Cases of Genocide

Berglind Halldorsdottir Birkland

Preventing Real Takings for Imaginary Purposes: A Post-Kelo Public Use Proposal

William A. Curran

An Administrative Law Approach to Reforming the State Secrets Privilege

Beth George

Paying-to-Play in Securities Class Actions: A Look at Lawyers’ Campaign Contributions

Drew T. Johnson-Skinner

Blameless Ignorance? The Ledbetter Act and Limitations Period for Title VII Pay Discrimination Claims

Jeremy A. Weinberg

The Choice-of-Law Problem(s) in the Class Action Context

Genevieve G. York-Erwin

The Reach of State Corporate Law Beyond State Borders: Reflections Upon Federalism

The Honorable Jack B. Jacobs   ARTICLES

Internal Poison Pills

George S. Geis

Existing Uses and the Limits of Land Use Regulations

Christopher Serkin   NOTES

The Costs of “Discernible and Manageable Standards” in Vieth and Beyond

Joshua S. Stillman

The Constitutional Life of Legislative Instructions in America

Christopher Terranova

Cruelty, Prison Conditions, and the Eighth Amendment

Sharon Dolovich

Are All Legal Probabilities Created Equal?

Yuval Feldman & Doron Teichman

Contract Design and the Structure of Contractual Intent

Jody S. Kraus & Robert E. Scott  

NOTES

Privacy, Free Speech, and the Patriot Act: First and Fourth Amendment Limits on National Security Letters

Patrick P. Garlinger

Chief Judge Judith S. Kaye

Chief Judge Kaye: A Creative Reformer

The Honorable Stephen G. Breyer

Chief Judge Judith S. Kaye: A Modern-Day Arthur Vanderbilt

Samuel Estreicher & Oscar G. Chase

In Praise of Judith S. Kaye

The Honorable Ruth Bader Ginsburg

Chief Judge Judith S. Kaye: A Visionary Third Branch Leader

The Honorable Jonathan Lippman

A Distinguished Path in Public Service

The Honorable Sandra Day O’Connor

Not a Mute Swan

Ellen Schall

Judith Kaye as a Chief Among Chiefs

The Honorable Randall T. Shepard

Chief Judge Judith S. Kaye: Proud to Call Her One of Our Own

Richard L. Revesz

A Portrait of Judith S. Kaye

The Honorable Richard C. Wesley

MADISON LECTURE

Securing Fragile Foundations: Affirmative Constitutional Adjudication in Federal Courts

The Honorable Marsha S. Berzon

ARTICLES

Myth of Mess? International Choice of Law [...]]]>

Chief Judge Judith S. Kaye

Chief Judge Kaye: A Creative Reformer

The Honorable Stephen G. Breyer

Chief Judge Judith S. Kaye: A Modern-Day Arthur Vanderbilt

Samuel Estreicher & Oscar G. Chase

In Praise of Judith S. Kaye

The Honorable Ruth Bader Ginsburg

Chief Judge Judith S. Kaye: A Visionary Third Branch Leader

The Honorable Jonathan Lippman

A Distinguished Path in Public Service

The Honorable Sandra Day O’Connor

Not a Mute Swan

Ellen Schall

Judith Kaye as a Chief Among Chiefs

The Honorable Randall T. Shepard

Chief Judge Judith S. Kaye: Proud to Call Her One of Our Own

Richard L. Revesz

A Portrait of Judith S. Kaye

The Honorable Richard C. Wesley

MADISON LECTURE

Securing Fragile Foundations: Affirmative Constitutional Adjudication in Federal Courts

The Honorable Marsha S. Berzon

ARTICLES

Myth of Mess? International Choice of Law in Action

Christopher A. Whytock

ESSAYS

Rethinking the Federal Role in State Criminal Justice

Joseph L. Hoffman & Nancy J. King

NOTES

In Search of an Enforceable Medical Malpractice Exculpatory Agreement: Introducting Confidential Contracts as a Solution to the Doctor-Patient Relationship Problem

Matthew J.B. Lawrence

Categoricalism and Balancing in First and Second Amendment Analysis

Joseph Blocher

A Theory of Taxing Sovereign Wealth

Victor Fleischer

Toward Procedural Optionality: Private Ordering of Public Adjudication

Robert J. Rhee

NOTES

A Relational Approach to Schools’ Regulation of Youth Online Speech

Benjamin F. Heidlage

Toward Constitutional Minority Recruitment and Retention Programs: A Narrowly Tailored Approach

Ellison S. Ward

Originalism Is Bunk

MItchell N. Berman

Class Certification in the Age of Aggregate Proof

Richard A. Nagareda

Temporary-Effect Legislation, Political Accountability, and Fiscal Restraint

George K. Yin

NOTES

Limiting Preemption in Environmental Law: An Analysis of the Cost-Externalization Argument and California Assembly Bill 1493

Brian T. Burgess

The Implementation of “Balanced Diversity” Through the Class Action Fairness Act

Jacob R. Karabell

New Dirty War Judgments in Argentina: National Courts and Domestic Prosecutions of International Human Rights Violations

Margarita K. O’Donnell

ARTICLES

Efficient Breach Theory Through the Looking Glass

Barry E. Adler

Three Pictures of Contract: Duty, Power, and Compound Rule

Gregory Klass

Judicial Review of Legislative Purpose

Caleb Nelson

NOTES

An Unfree Trade in Ideas: How OFAC’s Regulations Restrain First Amendment Rights

Tracy J. Chin

Valuing the Federal Right: Reevaluating the Outer Limits of Supplemental Jurisdiction

Neel K. Chopra

Is Private Securities Litigation Essential for the Development of China’s Stock Markets?

Marlon A. Layton

Things Better Left Unwritten?: Constitutional Text and the Rule of Law

Jane Pek

BRENNAN LECTURE

Evidence-Based Judicial Discretion: Promoting Public Safety Through State Sentencing Reform

The Honorable Michael A. Wolff

ARTICLES

The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law

Aaron-Andrew P. Bruhl

The Upside of Overbreadth

Samuel W. Buell

NOTES

Using Structural Interdicts and the South African Human Rights Commission To Achieve Judicial Enforcement of Economic and Social Rights in South Africa

Mitra Ebadolahi

How To Fix the Inconsistent Application of Forum Non Conveniens to Latin American Jurisdiction—And Why Consistency May Not Be Enough

Rajeev Muttreja

Providing Effective Remedies to Victims of Abuse by Peacekeeping Personnel

Catherine E. Sweetser

SYMPOSIUM: THE HART-FULLER DEBATE AT FIFTY

Foreword: Fifty Years Later

The Grudge Informer Case Revisited

David Dyzenhaus

Positivism and the Inseparability of Law and Morals

Leslie Green

Philosophy, Political Morality, and History: Explaining the Enduring Resonance of the Hart-Fuller Debate

Nicola Lacey

Better To See Law This Way

Liam Murphy

A Critical Guide to Vehicles in the Park

Frederick Schauer

Positivism and Legality: Hart’s Equivocal Response to Fuller

Jeremy Waldron

Practical Positivism Versus Practical Perfectionism: The Hart-Fuller Debate at Fifty

Benjamin C. Zipursky

NOTES

The Resolution of Contested Elections in the U.S. House of Representatives: Why State Courts Should Not Help with the House Work

Kristen R. Lisk

The Costs of Waiver: Cost-Benefit Analysis as a New Basis for Selective Waiver of Attorney-Client Privilege

Mathew S. Miller

Rethinking the Narrative on Judicial Deference in Student Speech Cases

Sean [...]]]>

SYMPOSIUM: THE HART-FULLER DEBATE AT FIFTY

Foreword: Fifty Years Later

The Grudge Informer Case Revisited

David Dyzenhaus

Positivism and the Inseparability of Law and Morals

Leslie Green

Philosophy, Political Morality, and History: Explaining the Enduring Resonance of the Hart-Fuller Debate

Nicola Lacey

Better To See Law This Way

Liam Murphy

A Critical Guide to Vehicles in the Park

Frederick Schauer

Positivism and Legality: Hart’s Equivocal Response to Fuller

Jeremy Waldron

Practical Positivism Versus Practical Perfectionism: The Hart-Fuller Debate at Fifty

Benjamin C. Zipursky

NOTES

The Resolution of Contested Elections in the U.S. House of Representatives: Why State Courts Should Not Help with the House Work

Kristen R. Lisk

The Costs of Waiver: Cost-Benefit Analysis as a New Basis for Selective Waiver of Attorney-Client Privilege

Mathew S. Miller

Rethinking the Narrative on Judicial Deference in Student Speech Cases

Sean R. Nuttall

Warrantless Location Tracking

Ian James Samuel

Resetting Scales: An Examination of Due Process Rights in Material Support Prosecutions

Benjamin Yaster

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.