Articles

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Brands, Competition, and the Law

[link to pdf]
Deven R. Desai, Spencer Waller

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Lawyers Keep Out: Why Attorneys Should Not Participate in Negotiating Critical Financial Numbers Reported by Public Company Clients

[link to pdf]
William O. Fisher

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Beyond Search Costs: The Linguistic and Trust Functions of Trademarks

[link to pdf]
Ariel Katz

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Managerial Entrenchment and Shareholder Wealth Revisited: Theory and Evidence from a Recessionary Financial Market

[link to pdf]
Jay B Kesten

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Reconsidering the Georgia-Pacific Standard for Reasonable Royalty Patent Damages

[link to pdf]
Christopher B. Seaman

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An Originalist Theory of Precedent: The Privileged Place of Originalist Precedent

[link to pdf]
Lee J. Strang

Comments

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Can States "Just Say No" to Federal Health Care Reform? The Constitutional and Political Implications of State Attempts to Nullify Federal Law

[link to pdf]
Ryan Card

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Why Aren't We Using that Intel Stuff? Using Reconnaissance Satellite Imagery in Domestic Disaster Prevention and Response

[link to pdf]
Carla Crandall

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Between a Rock and a Hard Place: The Plight of Health Care Arbitration Agreements Under Federal Law

[link to pdf]
James C. Dunkelberger

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The Dictionary Is Not a Fortress: Definitional Fallacies and a Corpus-Based Approach to Plain Meaning

[link to pdf]
Stephen C. Mouritsen

Articles

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Immature Citizens and the State

[link to pdf]
Vivian E. Hamilton

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Ricci's "Color-Blind" Standard in a Race Conscious Society: A Case of Unintended Consequences?

[link to pdf]
Michael J. Zimmer

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Reinventing Usefulness

[link to pdf]
Michael Risch

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But What if the Court Reporter Is Lying? The Right to Confront Hidden Declarants Found in Transcripts of Former Testimony

[link to pdf]
Peter Nicolas

Comments

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Defamation and John Does: Increased Protections and Relaxed Standing Requirements for Anonymous Internet Speech

[link to pdf]
Stephanie Barclay

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Comparative Institutional Analysis and Detainee Legal Policies: Democracy as a Friction, Not a Fiction

[link to pdf]
Carla Crandall

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Unraveling Lawrence's Concerns About Legislated Morality: The Constitutionality of Laws Criminalizing the Sale of Obscene Devices

[link to pdf]
Nathan R. Curtis

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Replacing Context for Plain Meaning in United States v. Cox

[link to pdf]
Joseph Edmonds

In Memoriam: Carl S Hawkins

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Carl Hawkins: The Indispensable Player

[link to pdf]
J. Clifton Fleming Jr.

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Carl Hawkins Tribute

[link to pdf]
Elder Bruce C. Hafen

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Tribute to Carl S. Hawkins

[link to pdf]
Reese Hansen

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Carl Hawkins

[link to pdf]
Ed Kimball

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Carl Hawkins Tribute

[link to pdf]
Robert E. Riggs

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Memories of Carl Hawkins

[link to pdf]
Dale A. Whitman

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Carl Hawkins Tribute

[link to pdf]
Mary Anne Q. Wood

Articles

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Feels like Deja vu: Religious Freedom under a Proposed Australian Bill of Rights

[link to pdf]
Paul Babie, Neville Rochow

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Secularity and Freedom of Religion in Senagal: Between a Constitutional Rock and a Hard Reality

[link to pdf]
Fatou Camara

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Islam and Religious Freedom: Role of Interfaith Dialogue in Promoting Global Peace

[link to pdf]
Tayseir M. Mandour

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In Search of new Believers: How the Guatemalan Religion Panorama has Changed over the last Decades

[link to pdf]
Hugo Leonel Ruano

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Religion and law in Nepal

[link to pdf]
Kanak Bikram Thapa

Comments

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Coordination or Mere Registration? Single-Speaker Permits in Berger v. City of Seattle

[link to pdf]
Edan Burkett

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When the "Hard Look" is Soft: Reconciling Center for Biological Diversity v. Department of the Interior Within Ninth Circuit Environmental Precedent

[link to pdf]
Dustin Glazier

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Failure to Yield: How Wecht Might Ruin the Right to a Fair Trial

[link to pdf]
Landon Wade Magnusson

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No Longer the Right to Remain Silent: Cross-examining Forensic Analyst Testimony

[link to pdf]
Casey Unwin

Tribute to Professor Michael Goldsmiths

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In Memoriam: Professor Michael Goldsmith

[link to pdf]
Professor G. Robert Blakey

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Michael Goldsmith

[link to pdf]
Frederick Mark Gedicks

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A Tribute and Farewell to Michael Goldsmith

[link to pdf]
H. Reese Hansen

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The Gold(smith) Standard

[link to pdf]
Daniel S. Medwed

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Michael Goldsmith Memorial

[link to pdf]
Cheryl B. Preston

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A Tribute to Michael Goldsmith

[link to pdf]
David Sonenshein

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Requiem for a Goldsmith

[link to pdf]
The Honorable Deanell Reece Tacha

Articles

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The Architecture of Accountability: A Case Study of the Warrantless Surveillance Program

[link to pdf]
Kathleen Clark

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The Global Financial Crisis and Proposed Regulatory Reform

[link to pdf]
Randall D. Guynn

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Private Relationships and Public Problems: Applying Principles of Relational Contract Theory to Domestic Violence

[link to pdf]
Tamara L. Kuennen

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Saving Stare Decisis: Preclusion, Precedent, and Procedural Due Process

[link to pdf]
Max Minzner

Comments

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Defamation of Religions: A Vague and Overbroad Theory that Threatens Basic Human Rights

[link to pdf]
Allison G. Belnap

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FCC v. Fox Television Stations and the Role of Logical Error in Hard Look Review

[link to pdf]
Samuel G. Brooks

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Bombed Away: How the Second Circuit Destroyed Fourth Amendment Rights of U.S. Citizens Abroad

[link to pdf]
Carla Crandall

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"If You Poison Us Do We Not Die?" —A Critical Analysis of the Legality of Poison Puts in the Wake of San Antonio Fire & Police Pension Fund v. Amylin, Inc.

[link to pdf]
Marcus Kai Hintze

Articles

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Passive Acknowledgement or Active Promotion of Religion? Neutrality and the Ten Commandments in Green v. Haskell

[link to pdf]
Stephanie Barclay

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Victory for Clergy Sexual Abuse Victims: The Ninth Circuit Strips the Holy See of Foreign Sovereign Immunity in Doe v. Holy See

[link to pdf]
Edan Burkett

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Battling Gray Markets Through Copyright Law: Omega, S.A. v. Costco Wholesale Corporation

[link to pdf]
Samuel Brooks

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Lopez-Rodriguez v. Mukasey: The Ninth Circuit's Expansion of the Exclusionary Rule in Immigration Hearings Contradicts the Supreme Court's Lopez-Mendoza Decision

[link to pdf]
Eric W. Clarke

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Protecting Public Lands from the Public: Kane County and Revised Statute 2477

[link to pdf]
Douglas P. Farr

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Chevron's Ambiguity Hurdle: Delgado v. Holder and the Proper Interpretation of the Particularly Serious Crime Exception to Deportation Relief

[link to pdf]
William M. Hains

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Catholic League for Religious and Civil Rights v. City of San Francisco: How the Ninth Circuit Abandoned Judicial Neutrality to Strike a Blow at Religion

[link to pdf]
Jonathan W. Heaton

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Torture and Public Policy: Mohamed v. Jeppesen Dataplan, Inc., Allows "Extraordinary Rendition" Victims to Litigate Around State Secrets Doctrine

[link to pdf]
Michael P. Jensen

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Analyzing Refusal-to-Deal Cases Under Brooke Group's Predatory Pricing Test: The Tenth Circuit Misses the Mark in Christy Sports, LLC v. Deer Valley Resort Co.

[link to pdf]
Paul Jones

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Insider Trading and Soft Information: U.S. v. Nacchio

[link to pdf]
Andrew Law

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Golden Gate and the Ninth Circuit's Threat to ERISA's Uniformity and Jurisprudence

[link to pdf]
Landon Wade Magnusson

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United States v. McCane: Judge Tymkovich Questions Heller's Disarming Dicta

[link to pdf]
Stephen C. Mouritsen

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How the Tenth Circuit's Ruling in Martinez v. Beggs Affects the Deliberate Indifference Standard for Eighth Amendment Claims

[link to pdf]
Chad Olsen

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In re Williams Securities Litigation—WCG Subclass: How Dura Met Daubert

[link to pdf]
Bryan L. Phipps

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Ineffective Assistance of Counsel in Plea Bargain Negotiations

[link to pdf]
Paul J. Sampson

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Juror Testimony of Racial Bias in Jury Deliberations: United States v. Benally and the Obstacle of Federal Rule of Evidence 606(b)

[link to pdf]
Brandon C. Pond

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Remedial and Coercive Administrative Proceedings Under Younger: The Tenth Circuit's Test in Brown v. Day

[link to pdf]
Taylor G. Selim

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Transforming the Public Employee Speech Standard in Posey v. Lake Pend Oreille: More than Meets the Eye

[link to pdf]
Benjamin M. Smith

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Opening the Rule 10b-5 Floodgates: Ninth Circuit Split in Gilead Sciences Leaves the Loss Causation Pleading Standard in Limbo

[link to pdf]
Brandon J. Stoker

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A Fool for a Client: Competency Standards in Pro Se Cases

[link to pdf]
Reed Willis

Articles

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"Law and Finance": Inaccurate, Incomplete, and Important

[link to pdf]
Ruth V. Aguilera, Cynthia A. Williams

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Law and Financial Development: What We Are Learning from Time-Series Evidence

[link to pdf]
John Armour, Simon Deakin, Viviana Mollica, Mathias Siems

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Legal Regimes and Political Particularism: An Assessment of the “Legal Families� Theory from the Perspectives of Comparative Law and Political Economy

[link to pdf]
John W. Cioffi

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Unpacking Adaptability

[link to pdf]
Andreas Engert, D. Gordon Smith

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The Legal Origins Theory in Crisis

[link to pdf]
Lisa M. Fairfax

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Legal Origins and the Tasks of Corporate Law in Economic Development: A Preliminary Exploration

[link to pdf]
John Ohnesorge

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A "Law & Personal Finance" View of Legal Origins Theory

[link to pdf]
Karl S. Okamoto

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Rethinking the "Law and Finance" Paradigm

[link to pdf]
Katharina Pistor

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Legal Origins, Investor Protection, and Canada

[link to pdf]
Poonam Puri

---

Mixing-and-Matching Across (Legal) Family Lines

[link to pdf]
J. Mark Ramseyer

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Contemporary Legal Transplants: Legal Families and the Diffusion of (Corporate) Law

[link to pdf]
Holger Spamann

---

Competition Policy and Comparative Corporate Governance of State-Owned Enterprises

[link to pdf]
D. Daniel Sokol

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Legal Origins, Functionalism, and the Future of Comparative Law

[link to pdf]
Christopher A. Whytock

Comments

---

Boumediene v. Bush: Habeas Corpus, Exhaustion, and the Special Circumstances Exception

[link to pdf]
Brandon C. Pond

Articles

---

Just Go Away: Representation, Due Process, and Preclusion in Class Actions

[link to pdf]
Debra Lyn Bassett

---

Suboptimal Executive Privilege

[link to pdf]
Stephen C. N. Lilley

---

Diversity v. Colorblindness

[link to pdf]
Patrick S. Shin

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Commercial Speech, "Irrational" Clients, and the Persistence of Bans on Subjective Lawyer Advertising

[link to pdf]
Nat Stern

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The Stigma of Conviction: Coram Nobis, Civil Disabilities, and the Right to Clear One's Name

[link to pdf]
David Wolitz

Comments

---

Fair Housing and Roommates: Contesting a Presumption of Constitutionality

[link to pdf]
Brooke Wright

---

Beautifying the Ugly Step-Sister: Designing an Effective Cap-and-Trade Program to Reduce Greenhouse Gas Emissions

[link to pdf]
Miles Young

Articles

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Cops, Robbers, and Search Engines: The Questionable Role of Criminal Law in Contributory Infringement Doctrine

[link to pdf]
Mark Bartholomew

---

Talking Originalism

[link to pdf]
Andrew B. Coan

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Patenting the Curve Ball: Business Methods and Industry Norms

[link to pdf]
Gerard N. Magliocca

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The Knowledge Problem of New Paternalism

[link to pdf]
Mario J. Rizzo, Douglas Glen Whitman

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Ways to Change: A Reevaluation of Article V Campaigns and Legislative Constitutionalism

[link to pdf]
Mary Ziegler

Comments

---

Arbitration Awards in an Environment of Compulsory Unionization: Is the High Degree of Deference Warranted?

[link to pdf]
Nephi Hardman

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Understanding the Lobbying Efforts of a Church: How Far Is Too Far?

[link to pdf]
Chase Manderino

Articles

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Religion and Rule of Law in China Today

[link to pdf]
Zhuo Xinping

---

The Protection of Religious Rights Under Australian Law

[link to pdf]
Denise Meyerson

---

Svato-Mykhaylivska Parafiya v. Ukraine: A Thing Done by Halves?

[link to pdf]
Gennadiy Druzenko

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The Implementation of Inter-American Norms on Freedom of Religion in the National Legislation of OAS Member States

[link to pdf]
Evaldo Xavier Gomes

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The Long Road to Religious Freedom in Peru

[link to pdf]
Daniel Alegre Porras, Guillermo Garcia-Montufar Sarmiento

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The Colombian Experience in the Area of Protection of the Freedom of Religion

[link to pdf]
Sergio Gonzalez Sandoval

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The Protection of Religious Freedom by the National Constitution and by Human Rights Treaties in the Republic of Argentina1

[link to pdf]
Octavio Lo Prete

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Laity and Laicism: Are These Catholic Categories of Any Use in Analyzing Chilean Church-State Relations?

[link to pdf]
Jorge Precht Pizarro

Comments

---

A Teacher's Right to Remain Silent: Reasonable Accommodation of Negative Speech Rights in the Classroom

[link to pdf]
Matthew Baker

---

The Eighty Percent and Twenty Percent Solutions to Nuclear Proliferation

[link to pdf]
Matthew Lund

Articles

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Situation Emotion: A Critical Realist View of Emotion and Nonconscious Cognitive Processes for Law and Legal Theory

[link to pdf]
David J. Arkush

---

Extremism in the Electoral Arena: Challenging the Myth of American Exceptionalism

[link to pdf]
Gur Bligh

---

The Social Psychology of Evil: Can the Law Prevent Groups from Making Good People Go Bad?

[link to pdf]
David Crump

---

How the United States Government Sacrifices Athletes' Constitutional Rights in the Pursuit of National Prestige

[link to pdf]
Dionne L. Koller

---

Shibboleths and Ceballos: Eroding Constitutional Rights Through Pseudocommunication

[link to pdf]
Susan Stuart

Comments

---

Is a Strip Club More Harmful Than a Dirty Bookstore? Navigating a Circuit Split in Municipal Regulation of Sexually Oriented Businesses

[link to pdf]
Brigman L. Harman

Articles

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Trouble for Private Enforcement of the Sherman Act: Twombly, Pleading Standards, and the Oligopoly Problem

[link to pdf]
Lee Goldman

---

The Software Licensing Dilemma

[link to pdf]
Nancy S. Kim

---

Piercing the Corporate Veil in Regulated Industries

[link to pdf]
Douglas G. Smith

Comments

---

RLUIPA and Eminent Domain: Probing the Boundaries of Religious Land Use Protection

[link to pdf]
Matthew Baker

---

Rockwell International, Pondcrete, and an A La Carte Three-Step Test for Determining an "Original Source" in Qui Tam Lawsuits

[link to pdf]
Matthew Lund

Articles

---

Inter-Religious Marriage from Socio-Historical Islamic Perspectives

[link to pdf]
Noryamin Aini

---

How to Entrench a De Facto State Church in Russia: A Guide in Progress

[link to pdf]
Robert C. Blitt

---

Grappling with Religious Differences in South Africa: A Draft for a Charter of Religious Rights

[link to pdf]
Pieter Coertzen

---

The Immutability of Divine Texts

[link to pdf]
Liaquat Ali Khan

---

Religious Symbols in the Classroom: A Controversial Issue in the United Kingdom?

[link to pdf]
Javier Garcia Oliva

---

Ministers of Religion in Chilean Law

[link to pdf]
M. Elena Pimstein

---

Freedom of Religion, Religious Political Participation, and Separation of Religion and State: Legal Considerations from Japan

[link to pdf]
Keiko Yamagishi

Comments

---

The Day the (Digital) Music Died: Bridgeport, Sampling Infringement, and a Proposed Middle Ground

[link to pdf]
Joshua Crum

---

Locating the Mislaid Gate: Revitalizing Tinker by Repairing Judicial Overgeneralizations of Technologically Enabled Student Speech

[link to pdf]
Kenneth R. Pike

---

Religious Freedom in Kosovo: Prenatal Care to a New Nation

[link to pdf]
Kyle Woods

Articles

---

Welcoming Remarks

[link to pdf]
Governor Olene S. Walker

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Changing Perceptions of Private Religious Schools: Public Money and Public Trust in the Education of Children

[link to pdf]
William W. Bassett

---

Why the Supreme Court Changed Its Mind About Government Aid to Religious Institutions: It's a Lot More than Just Republican Appointments

[link to pdf]
Douglas Laycock

---

The Insignificance of the Blaine Amendment

[link to pdf]
Steven K. Green

---

The Constitutional Parameters of School Choice

[link to pdf]
Clint Bolick

---

State Constitutionality and Adequacy: Signposts of Concern on Utah's Path Toward Developing Vouchers

[link to pdf]
Scott Ellis Ferrin, Pamela R. Hallam

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Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice

[link to pdf]
Paul T. Mero, Daniel E. Witte

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School Voucher Programs: What the Research Says About Parental School Choice

[link to pdf]
Patrick J. Wolf

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The Effects of Vouchers and Private Schools in Improving Academic Achievement: A Critique of Advocacy Research

[link to pdf]
Christopher Lubienski, Peter Weitzel

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The Civic Side of School Choice: An Empirical Analysis of Civic Education in Public and Private Schools

[link to pdf]
David E. Campbell

---

School Vouchers, Thomas Jefferson, Roger Williams, and Protecting the Faithful: Warnings from the Eighteenth Century and the Seventeenth Century on the Danger of Establishments to Religious Communities

[link to pdf]
Paul Finkelman

---

Beyond the Free Market: The Structure of School Choice

[link to pdf]
Terry M. Moe

Comments

---

Morality and Public School Speech: Balancing the Rights of Students, Parents, and Communities

[link to pdf]
Peter J. Jenkins

---

The Parcel as a Whole: A Presumptive Structural Approach

[link to pdf]
Keith Woffinden

Articles

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"Move On" Orders as Fourth Amendment Seizure

[link to pdf]
Stephen E. Henderson

---

Virtual Consumption: A Second Life for Earth?

[link to pdf]
Albert C. Lin

---

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption

[link to pdf]
Colin Miller

---

Ball on a Needle: Hein v. Freedom from Religion Foundation, Inc. and the Future of Establishment Clause Adjudication

[link to pdf]
Ira C. Lupu, Robert W. Tuttle

Comments

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Contra Applicantem or Contra Proferentem Applicatio:The Need for Clarification of the Doctrine of Contra Proferentem in the Context of Insured-Created Ambiguities in Insurance Applications

[link to pdf]
Bradley D. Liggett

Comments s

---

Constrained by the Liberal Tradition: Why the Supreme Court Has Not Found Positive Rights in the American Constitution

[link to pdf]
Curt Bentley

Articles

---

Zoning the Internet: A New Approach to Protecting Children Online

[link to pdf]
Cheryl B. Preston

---

Making Family-friendly Internet a Reality: The Internet Community Ports Act

[link to pdf]
Cheryl B. Preston

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Technology and Pornography

[link to pdf]
Dawn C. Nunziato

---

Free Trade in Ideas Is (or Ought To Be) Absolute for Adults

[link to pdf]
Arnold H. Loewy

---

A New First Amendment Model for Evaluating Content-Based Regulation of Internet Pornography: Revising the Strict Scrutiny Model To Better Reflect the Realities of the Modern Media Age

[link to pdf]
Patrick M. Garry

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Regulating Internet Pornography Aimed at Children: A Comparative Constitutional Perspective on Passing the Camel Through the Needle's Eye

[link to pdf]
Mark S. Kende

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www.Sam's_Stationery_and_Luncheonette.com: Bringing Ginsberg v. New York into the Internet Age

[link to pdf]
Kevin W. Saunders

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Obscenity and the World Wide Web

[link to pdf]
John Fee

Comments

---

Working the Unworkable Rule Established in Philip Morris: Acknowledging the Difference Between Actual and Potential Injury to Nonparties

[link to pdf]
Daniel Sulser Agle

---

Extending Hamdan v. Rumsfeld to Combatant Status Review Tribunals

[link to pdf]
Brian M. Christensen

Articles

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Racial Adjudication

[link to pdf]
Andrew M. Carlon

---

Law’s War with Conscience: The Psychological Limits of Enforcement

[link to pdf]
Eric Fleisig-Greene

---

The Brand X Constitution

[link to pdf]
Richard Murphy

Comments

---

Battling in the Name of Balance: Evaluating Solutions to Copyright Conflict in Viacom International v. YouTube

[link to pdf]
Alexis Allen

---

I Want My MTV . . . and My ABC, CBS, NBC, and Fox: CBS Broadcasting, Inc. v. EchoStar Communications Corp., the Satellite Home Viewer Act of 1988, and an Argument for Consumer Choice in Distant Network Broadcasting

[link to pdf]
Kevin W. Harris

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The Discretionary Function Exception to the Federal Tort Claims Act: A Proposal for a Workable Analysis

[link to pdf]
Andrew Hyer

Articles

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Caveat Vendor: Potential Progeny, Paternity, and Product Liability Online

[link to pdf]
J. Brad Reich, Dawn R. Swink

---

Property Tests, Due Process Tests and Regulatory Takings Jurisprudence

[link to pdf]
Steven J. Eagle

---

Refracting Domestic and Global Choice-of-Forum Doctrine Through the Lens of a Single Case

[link to pdf]
Richard D. Freer

---

Third-Party Profit-Taking in Tax Exemption Jurisprudence

[link to pdf]
Darryll K. Jones

Comments

---

Racial Classification and the Flawed Pursuit of Diversity: How Phantom Minorities Threaten “Critical Mass� Justification in Higher Education

[link to pdf]
Edward C. Thomas

Articles

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The “Direct� Financing of Religious Minorities in Spain

[link to pdf]
José María Contreras Mazarío

---

Time for a Treaty? The Legal Sufficiency of the Declaration on the Elimination of All Forms of Intolerance and Discrimination

[link to pdf]
Carolyn Evans

---

Problematic Issues Concerning the Freedom of Association and Group/Collective Rights in the Republic of Armenia

[link to pdf]
Shavarsh Khachatryan

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Mexican Legislation on Religion and the 1981 Declaration on Intolerance and Discrimination

[link to pdf]
Raúl González Schmal

---

The Globalization of Human Rights and the Socialization of Human Rights Norms

[link to pdf]
Christopher Marsh, Daniel P. Payne

---

Tolerance and Religious Freedom: The Struggle in Peru To Tolerate Multiple Cultures in Light of Principles of Religious Freedom

[link to pdf]
Carlos Valderrama Adriansen

---

Keynote Address: After Twenty-five Years

[link to pdf]
Robert A. Seiple

---

Religious Accommodation in Japan

[link to pdf]
Eiichiro Takahata

---

Minority Rights in Turkey

[link to pdf]
Ilhan Yildiz

---

Legal Aspects of Church-State Relations in Post-Revolutionary Georgia

[link to pdf]
Khatuna Tsintsadze

Articles

---

The Personal Is Political—and Economic: Rethinking Domestic Violence

[link to pdf]
Deborah M. Weissman

---

Politics or Principle? Zechariah Chafee and the Social Interest in Free Speech

[link to pdf]
Charles L. Barzun

---

Criminal Law Beyond the State: Popular Trials on the Frontier

[link to pdf]
Andrea McDowell

Comments

---

Excluding the Exclusionary Rule: Extending the Rationale of Hudson v. Michigan to Evidence Seized During Unauthorized Nighttime Searches

[link to pdf]
Jeffry R. Gittins

---

Surfing the Next Wave of Outsourcing: The Ethics of Sending Domestic Legal Work to Foreign Countries Under New York City Opinion 2006-3

[link to pdf]
Keith Woffinden

Notes

---

Gonzales-Lopez and Its Bright-Line Rule: Result of Broad Judicial Philosophy or Context-Specific Principles?

[link to pdf]
Jacob D. Briggs

Articles

---

The Holy Grail of Corporate Governance Reform: Independence or Democracy?

[link to pdf]
Elizabeth Cosenza

---

Early Panel Announcement, Settlement, and Adjudication

[link to pdf]
Samuel P. Jordan

---

A Rose by Any Other Name Would Smell as Sweet (or Would It?): Filing and Searching in Article 9's Public Records

[link to pdf]
Margit Livingston

Comments

---

The Supreme Court's Confused Election Law Jurisprudence: Should Competitiveness Matter?

[link to pdf]
Peter J. Jenkins

---

Who Gets Counted? Jury List Representativeness for Hispanics in Areas with Growing Hispanic Populations Under Duren v. Missouri

[link to pdf]
Stephen E. Reil

Articles

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Constructing Class Action Reality

[link to pdf]
Debra Lyn Bassett

---

Grave Matters: The Ancient Rights of the Graveyard

[link to pdf]
Alfred L. Brophy

---

Patent Law Viewed Through an Evidentiary Lens: The "Suggestion Test" as a Rule of Evidence

[link to pdf]
Christopher A. Cotropia

Comments

---

Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel to HMOs' Impenetrable ERISA Shield

[link to pdf]
Charlotte Johnson

---

Square Pegs, Round Hole: The Fourth Amendment and Preflight Searches of Airline Passengers in a Post-9/11 World

[link to pdf]
Steven R. Minert

---

All the Better To Eat You With, My Dear: The Need for a Heightened Harm Standard in Utah's Grandparent Visitation Statute

[link to pdf]
Tracy C. Schofield

Articles

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Sarbanes-Oxley—s Structural Model To Encourage Corporate Whistleblowers

[link to pdf]
Richard E. Moberly

---

Nonprofit Takeovers: Regulating the Market for Mission Control

[link to pdf]
Dana Brakman Reiser

---

Coercion and Terrorism Prosecutions in the Shadow of Military Detention

[link to pdf]
Tung Yin

Comments

---

The Disabled ADA: How a Narrowing ADA Threatens To Exclude the Cognitively Disabled

[link to pdf]
Nathan Catchpole, Aaron Miller

---

Bormann Revisited: Using the Penn Central Test To Determine the Constitutionality of Right-To-Farm Statutes

[link to pdf]
Jeffry R. Gittins

Articles

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The New Biopolitics: Autonomy, Demography, and Nationhood

[link to pdf]
Jedediah Purdy

---

Off-Site Conditions and Disclosure Duties: Drawing the Line at the Property Line

[link to pdf]
Florrie Young Roberts

Comments

---

Religious Groups and the Gay Rights Movement: Recognizing Common Ground

[link to pdf]
J. Brady Brammer

---

The Writing on the Wall: The Potential Liability of Mediators as Fiduciaries

[link to pdf]
Rebekah Ryan Clark

---

Don’t Ask, Don’t Tell: HIPAA’s Effect on Informal Discovery in Products Liability and Personal Injury Cases

[link to pdf]
Daniel M. Roche

Articles

---

Reflections on the Path of Religion-State Relations in New Zealand

[link to pdf]
Rex J. Ahdar

---

Religious Law and Secular Law in Democracy: The Evolutions of the Roman Catholic Doctrine After the Second Vatican Council

[link to pdf]
Louis-Leon Christians

---

Religious Freedom and Human Rights in South Africa After 1996: Responses and Challenges

[link to pdf]
Cornel W. du Toit

---

Church-State Relations in the European Court of Human Rights

[link to pdf]
Carolyn Evans, Christopher A. Thomas

---

Democracy and Islam: An Odyssey in Braving the Twenty-First Century

[link to pdf]
Justice Tassaduq Hussain Jillani

---

Religion, Law, and Judiciary in Modern India

[link to pdf]
Tahir Mahmood

---

Religious Freedom and Democratic Change in Spain

[link to pdf]
Javier Martinez-Torron

---

The Questionable Grounds of Objections to Proselytism and Certain Other Forms of Religious Expression

[link to pdf]
Paul M. Taylor

Comments

---

Defining One's Own Concept of Existence and the Meaning of the Universe: The Presumption of Liberty in Lawrence v. Texas

[link to pdf]
Mitch Park

Articles

---

Adopting Restatement Mortgage Subrogation Principles: Saving Billions of Dollars for Refinancing Homeowners

[link to pdf]
Grant S. Nelson, Dale A. Whitman

---

On Law, Wars, and Mercenaries: The Case for Courts-Martial Jurisdiction over Civilian Contractor Misconduct in Iraq

[link to pdf]
Wm. C. Peters

Comments

---

"Standing" Up for the Environment: The Ability of Plaintiffs To Establish Legal Standing To Redress Injuries Caused by Global Warming

[link to pdf]
Blake R. Bertagna

---

Speech Interests Inherent in the Location of Billboards and Signs: A Method for Unweaving the Tangled Web of Metromedia, Inc. v. City of San Diego

[link to pdf]
Jason R. Burt

---

Mending a Monumental Mountain: Resolving Two Critical Circuit Splits Under the Americans with Disabilities Act for the Sake of Logic, Unity, and the Mentally Disabled

[link to pdf]
Matthew M. Cannon

---

Predator in the Primary: Applying the Tort of Negligent Hiring to Volunteers in Religious Organizations

[link to pdf]
Morgan Fife

Articles

---

Fixing the Constable’s Blunder: Can One Trial Judge in One County in One State Nudge a Nation Beyond the Exclusionary Rule?

[link to pdf]
H. Mitchell Caldwell

---

Considering Standing, Sincerity, and Antidiscrimination

[link to pdf]
Chapin Cimino Cody

Comments

---

Political Silence at Church: The Empty Threat of Removing Tax-Exempt Status for Insubstantial Attempts To Influence Legislation

[link to pdf]
David M. Andersen

---

Penny Wise, Pound Foolish: Why Investors Would Be Foolish To Pay a Penny or a Pound for the Protections Provided by Sarbanes-Oxley

[link to pdf]
Cory L. Braddock

---

Establishment Clause Jurisprudence and the Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument for the Constitutionality of God in the Public Square

[link to pdf]
Carolyn A. Deverich

Notes

---

Federal Wetland Jurisdiction and the Power To Regulate Commerce: Searching for the Nexus in Gerke Excavating

[link to pdf]
Joshua L. Lee

Articles

---

The Law and Economics of Wardrobe Malfunction

[link to pdf]
Keith Brown, Adam Candeub

---

Tax Protestors and Penalties: Ensuring Perceived Fairness and Mitigating Systemic Costs

[link to pdf]
Danshera Cords

Comments

---

There's Nothing Light About Feathers: Finding Form in the Jurisprudence of Native American Religious Exemptions

[link to pdf]
James R. Dalton

---

Architecture as Art: Not in My Neocolonial Neighborhood

[link to pdf]
Janet Elizabeth Haws

Comments

---

Emphasizing the Copy in Copyright: Why Noncopying Alterations Do Not Prepare Infringing Derivative Works

[link to pdf]
Michael K. Erickson

---

Constitutionality of Testing High School Male Athletes for Steroids Under Vernonia School District v. Acton and Board of Education v. Earls

[link to pdf]
Thomas Proctor

---

Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction and the Search for Warning Signs in a Post-Columbine/Red Lake Environment

[link to pdf]
Richard Salgado

Articles

---

Emergency Response and Planning Requirements Applicable to Unpermitted Air Pollution Releases

[link to pdf]
Arnold, W. Reitze Jr.

---

Whither Copyright? Transformative Use, Free Speech, and an Intermediate Liability Proposal

[link to pdf]
John Tehranian

Notes

---

Splitting the Baby: An Analysis of the Supreme Court's Take on Customary International Law Under the Alien Tort Statute in Sosa v. Alvarez-Machain

[link to pdf]
Brinton M. Wilkins

Comments

---

Substantially Deferring to Revenue Rulings After Mead

[link to pdf]
Ryan C. Morris

Articles

---

Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act

[link to pdf]
Paul G. Cassell

---

The Presidency and the Meaning of Citizenship

[link to pdf]
Malinda L. Seymore

Notes

---

Checks and Balances on the Fifth Branch of Government: Colorado Environmental Coalition v. Wenker and the Justiciability of the Federal Advisory Committee Act

[link to pdf]
Joshua W. Abbott

Comments s

---

China's New Regulations on Religion: A Small Step, Not a Great Leap, Forward

[link to pdf]
Eric R. Carlson

---

Are State Marriage Amendments Bills of Attainder?: A Case Study of Utah's Amendment Three

[link to pdf]
Daniel H. Walker

International Law and Religion Symposium- Religion in the Public Sphere s

---

Challenges and Opportunities Facing Religious Freedom in the Public Square

[link to pdf]
Judge J. Clifford Wallace

---

Religion in the Public Sphere: Challenges and Opportunities

[link to pdf]
Blandine Chelini-Pont

---

Religion in the Public Sphere: Challenges and Opportunities in Ghanaian Lawmaking, 1984-2004

[link to pdf]
Elom Dovlo

---

Rethinking the Role of Religion in Changing Public Spheres: Some Comparative Perspectives

[link to pdf]
Rosalind I.J. Hackett

---

Religion in the Public Sphere: Challenges and Opportunities in Japan

[link to pdf]
Hiroaki Kobayashi

---

The Flawed Implentation of the International Religious Freedom Act of 1998: A European Perspective

[link to pdf]
Eugenia Relaño Pastor

Articles

---

Marriage and the Betrayal of Perez and Loving

[link to pdf]
William C. Duncan, Monte Neil Stewart

Comments

---

Sosa v. Alvarez-Machain and Abu Ghraib—Civil Remedies for Victims of Extraterritorial Torts by U.S. Military Personnel and Civilian Contractors

[link to pdf]
Scott J. Borrowman

---

When Does a Party Prevail?: A Proposed “Third-Circuit-Plus� Test for Judicial Imprimatur

[link to pdf]
Matthew B. Tenney

Notes

---

The Effects of Judicial Immunization of Passive Sellers in Sanns v. Butterfield Ford and a Proposal for the Shifting Nature of Fault

[link to pdf]
Jason R. Burt

---

Tribunals Organized To Convict: Searching for a Lesser Evil in the Capital Juror Death-Qualification Process in United States v. Green

[link to pdf]
Richard Salgado

Articles

---

The Third Wave of Crime Victims’ Rights: Standing, Remedy, and Review

[link to pdf]
Douglas E. Beloof

Articles

---

Arbitration and State Action

[link to pdf]
Sarah Rudolph Cole

---

Reconsidering Absolute Prosecutorial Immunity

[link to pdf]
Margaret Z. Johns

Notes and Comments

---

Battle over Control of Low-Level Radioactive Waste: Some States Are Overstepping Their Bounds

[link to pdf]
Melissa Beutler Orien

---

Salvaging States' Rights To Protect Children from Internet Predation: State Power To Regulate Internet Activity Under the Dormant Commerce Clause

[link to pdf]
Julie Sorenson Stanger

---

A New Interpretation of the Contemporaneous Ownership Requirement in Shareholder Derivative Suits: In re Bank of New York Derivative Litigation and the Elimination of the Continuing Wrong Doctrine

[link to pdf]
Terence L. Robinson Jr

Articles

---

Religious Organizations and Free Exercise: The Surprising Lessons of Smith

[link to pdf]
Kathleen A. Brady

---

"Omalous" Autonomy

[link to pdf]
Perry Dane

---

Sexual Misconduct and Ecclesiastical Immunity

[link to pdf]
Ira C. Lupu, Robert W. Tuttle

Commentaries

---

Continuing the Lord's Work and Healing His People: A Reply to Professors Lupu and Tuttle

[link to pdf]
Mark E. Chopko

---

Separation, Neutrality, and Clergy Liability for Sexual Misconduct

[link to pdf]
William P. Marshall

---

An Itty-Bitty Immunity and Its Consequences for The Church of Jesus Christ of Latter Day Saints: A Response to Professors Lupu and Tuttle

[link to pdf]
Cheryl B. Preston

Commentarys

---

Thoughts of Smith and Religious-Group Autonomy

[link to pdf]
Laura S. Underkuffler

Notes

---

Making Politics De Minimis in the Political Process: The Unworkable Implications of Cox v. Larios in State Legislative Redistricting and Reapportionment

[link to pdf]
James R. Dalton

Articles

---

Introduction

[link to pdf]
Kevin J. Worthen

---

Religious Institutions, the No-Harm Doctrine and the Public Good

[link to pdf]
Marci A. Hamilton

---

The Autonomy of Church and State

[link to pdf]
Brett G. Scharffs

---

Dissent and Disestablishment: The Church-State Settlement in the Early American Republic

[link to pdf]
Carl H. Esbeck

Commentaries

---

Three Concepts of Church Autonomy

[link to pdf]
Ronald R. Garet

---

Defending a Rule of Institutional Autonomy on "No-Harm" Grounds

[link to pdf]
Mark Tushnet

---

The Voluntary Principle and Church Autonomy, Then and Now

[link to pdf]
Thomas C. Berg

---

More or Less Bunk: The Establishment Clause Answers That History Doesn't Provide

[link to pdf]
Steven G. Gey

Articles

---

Reconsidering the Constitutionality of Federal Sentencing Guidelines after Blakely. A Former Commissioner's Perspective

[link to pdf]
Michael Goldsmith

Proceedings of the 2004 AALS Annual Meeting Section on Law and Religions

---

Introduction

[link to pdf]
Brett G. Scharffs

---

The Establishment Clause Gag Reflex

[link to pdf]
Frederick Mark Gedicks

---

The Supreme Court's Rhetorical Hostility: What is "Hostile" to Religion under the Establishment Clause?

[link to pdf]
Frank S. Ravitch

---

Unity of the Graveyard and the Attack on Constitutional Secularism

[link to pdf]
Steven G. Gey

---

The Supreme Court's Rhetorical Hostility: What is "Hostile" to Religion under the Establishment Clause?

[link to pdf]
Todd W. Prall

Articles

---

Opening Address to the Tenth Annual International Law and Religion Symposium

[link to pdf]
Senator Orrin Hatch

---

A China's Socioeconomic Changes and the Implications for the Religion-State Dynamic in China

[link to pdf]
Kim-Kwong Chan

---

Individual Religious Freedom and National Security in Europe After September 11

[link to pdf]
Silvio Ferrari

---

Advances in Religious Liberty in Peru

[link to pdf]
Guillermo Garcia-Montufar, Scott E. Isaacson, Moises Arata Solis

---

Religious Freedom and Laicite: A Comparison of the United States and France

[link to pdf]
T. Jeremy Gunn

---

NewReligious Movements and the Problem of Extremism in Modern Russia

[link to pdf]
Veronika V. Kravchouk

---

The Menace of Neutrality in Religion

[link to pdf]
Gabriel A. Moens

---

Religious Pluralism in Spain: Striking the Balance Between Religious Freedom and Constitutional Rights

[link to pdf]
Augustin Motilla

---

Church-State Relations and the Legal Status of Religious Communities in Slovenia

[link to pdf]
Dr. Lovro Sturm

---

Religious Pluralism, Cultural Differences, and Social Stability in Nigeria

[link to pdf]
Rose C. Uzoma

---

The German Headscarf Debate

[link to pdf]
Axel Frhr. von Campenhausen

Comments

---

So You've Been Preempted—What Are You Going to Do Now?: Solutions for States Following Federal Preemption of State Predatory Lending Statutes

[link to pdf]
Christopher R. Childs

---

Proximate Cause and Civil RICO Standing: The Narrowly Restrictive and Mechanical Approach in Lerner v. Fleet Bank and Baisch v. Gallina

[link to pdf]
Ryan C. Morris

---

Tribal Immunity from California's Campaign Contribution Disclosure Requirements

[link to pdf]
Cameron A. Reese

---

Tarnishment and the FTDA: Lessening the Capacity to Identify and Distinguish

[link to pdf]
Layne T. Smith

Notes

---

The Plight of the Private Securities Litigation Reform Act in the Post-Enron Era: The Ninth Circuit's Interpretation of Materiality in Employer-Teamster v. America West

[link to pdf]
Patrick Hall

---

An Open Question in Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act and Wood v. University of Utah Medical Center

[link to pdf]
Glenn E. Roper

Articles

---

A Good Old Habit, or Just an Old One? Preferential Tax Treatment for Reorganizations

[link to pdf]
Yariv Brauner

---

Copyright and Information Theory: Toward an Alternative Model of "Authorship"

[link to pdf]
Alan L. Durham

---

Overoptimism and Overborrowing

[link to pdf]
Richard M. Hynes

Comments

---

Alternatives in Accretion: Why There Is Not Yet an Appropriate Solution to the Application of Accretion Law to Mineral Estates

[link to pdf]
Daniel K. Brough

---

A Proposed Solution to Jury Confusion in Patent Infringement Cases Involving Means-Plus-Function Claims

[link to pdf]
Tony Caliendo

---

Operation Executive Freedom (of Contract): Following the Executive's Fiduciary Obligation from Manges to Magruder in Mineral Leasing

[link to pdf]
John B. Fowles

Notes

---

The Power of the Bankruptcy Court to Enjoin Creditor Claims Against Nondebtor Parties in Light of 11 U.S.C. §524(e): In re Dow Corning Corp

[link to pdf]
Jason J. Jardine

Articles

---

Regulation by Networks

[link to pdf]
Amitai Aviram

---

Reforming Securities Class Actions from the Bench: Judging Fiduciaries and Fiduciary Judging

[link to pdf]
Lisa L. Casey

Notes and Comments

---

Kaleidoscopic Consent Decrees: School Desegregation and Prison Reform Consent Decrees After the Prison Litigation Reform Act and Freeman-Dowell

[link to pdf]
Shima Baradaran-Robison

---

The Shrinkwrap Snafu: Untangling the "Extra Element" in Breach of Contract Claims Based on Shrinkwrap Licenses

[link to pdf]
Nathan Smith

---

Why Can—t Discrimination Be Discrimination? Johnson v. K Mart Corp. and the Meaning of "Discrimination" Under the Americans with Disabilities Act

[link to pdf]
Todd Prall

---

Analyzing U.S. Antitrust Jurisdiction over Foreign Parties After Empagran S.A. v. F. Hoffman-LaRoche, Ltd.

[link to pdf]
Andrew Stanger

Articles

---

Three Degrees of Promising

[link to pdf]
Eric G. Andersen

---

Viewing the Criminal Sanction Through Latter-day Saint Thought

[link to pdf]
Martin R. Gardner

---

James Madison, John Witherspoon, and Oliver Cowdery: The First Amendment and the 134th Section of the Doctrine and Covenants

[link to pdf]
Rodney K. Smith

Notes & Comments

---

Adams v. Florida Power Corp. and the Trend of Lowering an Employer—s Burden of Proof to Rebut Age Discrimination Claims

[link to pdf]
Daniel K. Brough

---

Compounding the Countermajoritarian Difficulty Through —Plaintiff—s Diplomacy—: Can the International Criminal Court Provide a Solution?

[link to pdf]
John B. Fowles

Responses

---

Not for the Sake of Punishment Alone: Comments on Viewing the Criminal Sanction Through Latter-day Saint Thought

[link to pdf]
Marguerite A. Driessen

---

The "Embarrassing" Section 134

[link to pdf]
Frederick Mark Gedicks

---

Reservations About Retribution in Secular Society

[link to pdf]
Steven F. Huefner

---

Contract Law and Christian Conscience

[link to pdf]
Val D. Ricks

---

The Promise and Perils of Conscience

[link to pdf]
Steven D. Smith

---

Legal Scholarship and Membership in the Church of Jesus Christ of Latter-day Saints: Have They Buried Both an Honest Man and a Law Professor in the Same Grave?

[link to pdf]
Michael K. Young

Articles

---

Secularism and French Religious Liberty: A Sociological and Historical View

[link to pdf]
Jean Bauberot

---

A Brief Overview of Law and Religion in the People—s Republic of China

[link to pdf]
Dr. Chen Huanzhong

---

State, Islam, and Religious Liberty in Modern Turkey: Reconfiguration of Religion in the Public Sphere

[link to pdf]
Talip Kucukcan

---

Islam and the Global Society: A Religious Approach to Modernity

[link to pdf]
Charles McDaniel

---

Standing with the Persecuted: Adjudicating Religious Asylum Claims After the Enactment of the International Religious Freedom Act of 1998

[link to pdf]
Craig B. Mousin

---

New Impulses in the Interaction of Law and Religion: A South Pacific Perspective

[link to pdf]
Don Paterson

---

Achievements and Future Goals of the Government of Serbia in the Field of Religious Freedom

[link to pdf]
Dusan Rakitic

---

Religious Liberty and French Secularism

[link to pdf]
Jacques Robert

---

New Impulses in the Interaction of Law and Religion: The Fiji Human Rights Commission in Context

[link to pdf]
Shaista Shameem

---

Reflections on the Right to Religious Freedom in Peru

[link to pdf]
Carlos Valderrama Adriansen

---

The Relationship of Church and State in Belarus: Legal Regulation and Practice

[link to pdf]
Alexander Vashkevich

Notes & Comments

---

Russia's War on Political and Religious Extremism: An Appraisal of the Law "On Counteracting Extremist Activity"

[link to pdf]
J. Brian Gross

---

Preventive Peacemaking in Macedonia: An Assessment of U.N. Good Offices Diplomacy

[link to pdf]
David J. Ludlow

---

The Prisoner's Campaign: Felony Disenfranchisement Laws and the Right to Hold Public Office

[link to pdf]
Andrea Steinacker

Articles

---

Advisory Juries and Their Use and Misuse in Federal Tort Claims Act Cases

[link to pdf]
Matthew L. Zabel

Notes & Comments

---

Tipping the Balance in Favor of Justice: Due Process and the Thirteenth and Nineteenth Amendments in Child Removal from Battered Mothers

[link to pdf]
Shima Baradaran-Robison

---

Government Takings and Constitutional Guarantees: When Date of Valuation Statutes Deny Just Compensation

[link to pdf]
Christopher A. Bauer

---

Foreseeable Trouble: How Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Offends Fundamental Policies of the U.S. Patent System by Making Prosecution History Estoppel Depend upon Foreseeability

[link to pdf]
Tony Caliendo

---

On Your Mark, Get Set, Go! A New Race to the Courthouse Sponsored by Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.

[link to pdf]
Christian A. Fox

---

Definition for “Limitation� in the Context of Prosecution History Estoppel and the All Elements Rule: A Proposed Solution to the Troubling Dictum in Kustom Signals v. Applied Concepts

[link to pdf]
Philip M. Nelson

---

Diminished Capacity Departures for Compulsive Gambling: Punishing the Pathological or Pardoning the Common Criminal?

[link to pdf]
Justin W. Starr

---

Intervening in the Case (or Controversy): Article III Standing, Rule 24 Intervention, and the Conflict in the Federal Courts

[link to pdf]
Doyle S. Byers, Tyler R. Stradling

Articles

---

Product Liability and Game Theory: One More Trip to the Choice-of-Law Well

[link to pdf]
Michael I. Krauss

---

Threats, Free Speech, and the Jurisprudence of the Federal Criminal Law

[link to pdf]
G. Robert Blakey, Brian J. Murray

Notes & Comments

---

Warrantless Home Arrests and Police Liability Under Utah Law

[link to pdf]
Matthew Bell

---

Promoting Progress or Rewarding Authors? Copyright Law and Free Speech in Bonneville International Corp. v. Peters

[link to pdf]
Edward L. Carter

Articles

---

Biblical Law in America: Historical Perspectives and Potentials for Reform

[link to pdf]
John W. Welch

Book Reviews

---

The Story of a Forgotten Battle: Reviewing The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth Century America

[link to pdf]
Nathan B. Oman

Notes & Comments

---

Risky Business: Attorney Liability in Insurance Defense Litigation—A Review of the Arizona Supreme Court—s Decision in Paradigm Insurance Co. v. Langerman Law Offices

[link to pdf]
Nathan Andersen

---

Designation of Foreign Terrorist Organizations Under the AEDPA: The National Council Court Erred in Requiring Pre-Designation Process

[link to pdf]
Joshua A. Ellis

---

"Arising Under" Jurisdiction in the Federalism Renaissance: Verizon Maryland Inc. v. Public Service Commission of Maryland

[link to pdf]
Michelle Reed

Articles

---

Religious Freedom and the Challenge of Terrorism

[link to pdf]
Senator Gordon H. Smith

---

The Evolution of Religious Freedom as a Universal Human Right: Examining the Role of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

[link to pdf]
Derek H. Davis

---

The Attitude of Belgian Authorities Toward New Religious Movements

[link to pdf]
Adelbert Denaux

---

Freedom of Religion in Context

[link to pdf]
Guy Haarscher

---

Religious Liberty in Pakistan: Law, Reality, and Perception (A Brief Synopsis)

[link to pdf]
Farooq Hassan

---

The Effect of International Treaties on Religious Freedom in Mexico

[link to pdf]
Ricardo Hernández-Forcada

---

Relations Between the State and Religious Communities in the Federal Republic of Yugoslavia

[link to pdf]
Boris Milosavljevic

---

Religious Freedom in the Argentine Republic: Twenty Years After the Declaration on the Elimination of Intolerance and Religious Discrimination

[link to pdf]
Juan G. Navarro Floria

---

Contemporary Discussions on Religious Minorities in Islam

[link to pdf]
Jorgen S. Nielsen

---

Religion in Turkey

[link to pdf]
Niyazi Oktem

---

Religious Freedom Issues in Hungary

[link to pdf]
Balázs Schanda

---

Mexico and the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

[link to pdf]
Jose Luis Soberanes Fernandez

---

Religion, Church, and State in the Post-Communist Era: The Case of Ukraine (with Special References to Orthodoxy and Human Rights Issues)

[link to pdf]
Victor Yelensky

Notes & Comments

---

Freedom of Religious Association: The Right of Religious Organizations to Obtain Legal Entity Status Under the European Convention

[link to pdf]
Lance S. Lehnhof

---

How Secrets Are Kept: Viewing the Current Clergy-Penitent Privilege Through a Comparison with the Attorney-Client Privilege

[link to pdf]
Shawn P. Bailey

---

NAFTA Chapter 11 Investor-to-State Dispute Resolution: A Shield to Be Embraced or a Sword to Be Feared?

[link to pdf]
Ray C. Jones

Articles

---

The (So-Called) Liability of Criminal Defense Attorneys: A System in Need of Reform

[link to pdf]
Meredith J. Duncan

---

Carolene Products: A Game-Theorectic Approach

[link to pdf]
Jeffrey A. Roy

Notes & Comments

---

Determining the Materiality of Earnings Forecasts Under the Private Securities Litigation Reform Act in Helwig v. Venco

[link to pdf]
Hugh Beck

---

Native American Sovereignty Meets a Bend in the Road: Difficulties in Nevada v. Hicks

[link to pdf]
Melanie Reed

---

Aurora Credit Services, Inc. v. Liberty West Development, Inc.: An Analysis of Shareholder Derivative Suits in Closely Held Corporations

[link to pdf]
Robbie G. Yates

Articles

---

Distributing Products Under the Nonprofit Institutions Act: Price Discrimination, Arbitrage, and Fraud in the Pharmaceutical Industry

[link to pdf]
Dennis S. Corgill

---

Liability of Broker-Dealers for Unsuitable Recommendations to Institutional Investors

[link to pdf]
Norman S. Poser

---

The Law of Presidential Transitions and the 2000 Election

[link to pdf]
Todd J. Zywicki

Notes & Comments

---

Abridging the Freedom of Non-English Speech: English-Only Legislation and the Free Speech Rights of Government Employees

[link to pdf]
Margaret Robertson

Articles

---

Learning from the Process of Decision: The Parenting Plan

[link to pdf]
Francis J. Catania Jr.

---

The Likely Impact of the ALI Principles of the Law of Family Dissolution on Property Division

[link to pdf]
Craig W. Dallon

---

Toward a Unified Field Theory of the Family: The American Law Institute's Principles of the Law of Family Dissolution

[link to pdf]
James Herbie Difonzo

---

Domestic Partnership Laws in the United States: A Review and Critique

[link to pdf]
William C. Duncan

---

A Nonfeminist's Perspectives of Mothers and Homemakers Under Chapter 2 of the ALI Principles of the Law of Family Dissolution

[link to pdf]
F. Carolyn Graglia

---

Single-Sex "Marriage": The Role of the Courts

[link to pdf]
Lino A. Graglia

---

Competing Approaches to Same-Sex Versus Opposite-Sex, Unmarried Couples in Domestic Partnership Laws and Ordinances

[link to pdf]
Terry S. Kogan

---

The New "Extended Family"—"De Facto" Parenthood and Standing Under Chapter 2

[link to pdf]
Gregory A. Loken

---

What Constitutional Law Can Learn from the ALI Principles of Family Dissolution

[link to pdf]
David D. Meyer

---

Resolving Relocation Issues Pursuant to the ALI Family Dissolution Principles: Are Children Better Protected?

[link to pdf]
Janet Leach Richards

---

A Small Step Forward: The ALI Domestic Partners Recommendation

[link to pdf]
Mark Strasser

---

Balancing "Parents Are" and Parents Do" in the Supreme Court's Constitutionalized Family Law: Some Implications for the ALI Proposals on De Facto Parenthood

[link to pdf]
David M. Wagner

---

Deconstructing Family: A Critique of the American Law Institute's "Domestic Partners" Proposal

[link to pdf]
Lynn D. Wardle

---

Exporting and Importing Domestic Partnerships: Some Conflict-of-Laws Questions and Concerns

[link to pdf]
Ralph U. Whitten

Introductions

---

Introduction to the Symposium on the American Law Institute's Principles of the Law of Family Dissolution

[link to pdf]
Lynn D. Wardle

Notes & Comments

---

Protecting Against International Infringements in the Digital Age Using United States Copyright Law: A Critical Analysis of the Current State of the Law

[link to pdf]
Brandon Dalling

---

The Sixth Circuit Dropped the Ball: An Analysis of Brentwood Academy v. Tennessee Secondary School Athletic Ass'n in Light of the Supreme Court's Recent Trends in State Action Jurisprudence

[link to pdf]
Josiah N. Drew

---

A Weighty Issue: Will Pharmacists Survive the Fen-Phen Feeding Frenzy? Kohl v. American Home Products Corporation and a Pharmacist's Duty to Warn of the Dangers of Prescription Drugs

[link to pdf]
Karina Fox

Articles

---

The Religious Freedom and Legal Status of Churches, Religious Organizations, and New Religious Movements in the Slovak Republic

[link to pdf]
Martin Dojcar

---

Freedom of or Freedom from Religion? An Overview of Issues Pertinent to the Constitutional Protection of Religious Rights and Freedom in "the New South Africa"

[link to pdf]
Lourens du Plessis

---

Perspectives on Freedom of Conscience and Religion in the Jurisprudence of Constitutional Courts

[link to pdf]
Leszek Lech Garlicki

---

Religious Freedom: Russian Constitutional Principles — Historical and Contemporary

[link to pdf]
Dr. Nikolas K. Gvosdev

---

Regulation of Religious Proselytism in the United States

[link to pdf]
Howard O. Hunter, Polly J. Price

---

An Attempt at Modernization: The New Bulgarian Legislation in the Field of Religious Freedom

[link to pdf]
Atanas Krussteff

---

Does the Human Right to Freedom of Conscience, Religion, and Belief Have Special Status?

[link to pdf]
David H. Little

---

Religious Freedom, Separation of Powers, and the Reversal of Roles

[link to pdf]
Michael W. McConnell

---

Religous Pluralism: Problems and Prospects

[link to pdf]
Dr. J. Gordon Melton

---

Religious Freedom and Legislation in Post-Soviet Estonia

[link to pdf]
Ringo Ringvee

---

Religoius Freedom in Germany

[link to pdf]
Gerhard Robbers

---

Perspectives on Religious Freedom in Spain

[link to pdf]
José Antonio Souto Paz

---

Freedom of Religion in the Case Law of the Spanish Constitutional Court

[link to pdf]
Javier Martinez-Torrón

---

The Framers' Establishment Clause: How High the Wall?

[link to pdf]
J. Clifford Wallace

Keynote Address

---

Religious Liberty at Home and Abroad: Reflections on Protecting this Fundamental Freedom

[link to pdf]
Senator Orrin G. Hatch

Notes & Comments

---

Islam in Russia Under the Federal Law on Freedom of Conscience and on Religious Associations: Official Tolerance in an Intolerant Society

[link to pdf]
R. Christopher Preston

---

The Icon and the Tracts: A Restrained Renaissance of Religious Liberty in Ukraine

[link to pdf]
John Moroz Smith

Articles

---

Jones v. Clinton: A Study in Politically Motivated Suits, Rule 11, and the First Amendment

[link to pdf]
Carol Rice Andrews

---

Golden Eggs: Towards the Rational Regulation of Oocyte Donation

[link to pdf]
Kenneth Baum

---

Tax Expenditures, Social Justice, and Civil Rights: Expanding the Scope of Civil Rights Laws to Apply to Private Charities

[link to pdf]
David A. Brennen

---

International Pressure to Harmonize: The U.S. Civil Justice System in an Era of Global Trade

[link to pdf]
Renée Lettow Lerner

---

The Uncertain Future of Title VII Class Actions After the Civil Rights Act of 1991

[link to pdf]
Daniel F. Piar

Notes & Comments

---

Johnson v. Rodrigues (Orozco): Analyzing the Constitutionality of Utah’s Adoption Statutes

[link to pdf]
Sarah K.L. Chow

---

At The Helm Of The MDP Issue After the ABA’s Recommendation: States Finding Solutions By Taking Stock in European Harmonization To Preserve Their Sovereignty in Regulating the Legal Profession

[link to pdf]
Robert K. Christensen

Articles

---

www.wildwildwest.gov: The Impact of the Internet on State Power to Enforce the Law

[link to pdf]
Terrence Berg

---

Nachfrist Was Ist? Thinking Globally and Acting Locally: Considering Time Extension Principles of the U.N. Convention on Contracts for the International Sale of Goods in Revising the Uniform Commercial Code

[link to pdf]
John C. Duncan Jr.

---

Nuclear Weapons, Ethics, Morals, and Law

[link to pdf]
Jonathan Granoff

---

The Exclusionary Rule and Damages: An Economic Comparison of Private Remedies for Unconstitutional Police Conduct

[link to pdf]
Jeffrey Standen

---

Let's Be Reasonable Here: Why the ADA Will Not Ruin Professional Sports

[link to pdf]
Michael Waterstone

Notes & Comments

---

When We Cannot Deport, Is It Fair to Detain?: An Analysis of the Rights of Deportable Aliens Under 8 U.S.C. § 1231(a)(6) and the 1999 INS Interim Procedures Governing Detention

[link to pdf]
Daniel R. Dinger

---

Socratic Misogyny? — Analyzing Feminist Criticisms of Socratic Teaching in Legal Education

[link to pdf]
David D. Garner

---

Clear Inarticulation — State Action Antitrust Immunity and State Agencies: Neo Gen Screening, Inc. v. New England Newborn Screening Program

[link to pdf]
Shane L. Keppner

---

Preslar v. Commissioner of Internal Revenue: Debt-Discharge Income and Its Rationale

[link to pdf]
Chad J. Pomeroy

---

In Re Impounded: When Will the Right Against Self-Incrimination Protect Witnesses from Foreign Prosecution?

[link to pdf]
R. Christopher Preston

Articles

---

Perspectives on Religious Freedom from the Vantage Point of the European Court of Human Rights

[link to pdf]
Willi Fuhrmann

---

A Preliminary Response to Criticisms of the International Religious Freedom Act of 1998

[link to pdf]
T. Jeremy Gunn

---

Is There a Measure on Earth?: Sacred Possibilities for the Secular Discourse on Human Rights

[link to pdf]
Mieke Holkeboer

---

Human Rights, Foreign Policy, and Religious Belief: An Asia/Pacific Perspective

[link to pdf]
Pamela A. Jefferies

---

The Nature and Minimum Standards of Freedom of Religion or Belief

[link to pdf]
Natan Lerner

---

Religions, Human Rights, and Civil Society: Lessons from the Seventeenth Century for the Twenty-First Century

[link to pdf]
J. Paul Martin

---

Religion and Education in Bosnia: Integration Not Segregation?

[link to pdf]
Charles J. Russo

---

Applying a Gender Perspective in the Area of the Right to Freedom of Religion or Belief

[link to pdf]
Bahia Tahzib-Lie

---

Church and State in Western Europe and the United States: Principles and Perspectives

[link to pdf]
Dr. Sophie C. van Bijsterveld

Notes & Comments

---

Uzbekistan: Islam, Communism, and Religious Liberty - An Appraisal of Uzbekistan's 1998 Law "On Freedom of Conscience and Religious Organizations"

[link to pdf]
Grant Garrard Beckwith

---

The Coptic Church in Egypt: A Comment on Protecting Religious Minorities from Nonstate Discrimination

[link to pdf]
Scott Kent Brown II

---

Liberté, Egalité, et Fraternité at Risk for New Religious Movements in France

[link to pdf]
Hannah Clayson Smith

---

"Zoned for Residential Uses" - Like Prayer? Home Worship and Municipal Opposition in LeBlanc-Sternberg v. Fletcher

[link to pdf]
John M. Smith

---

The Development of Religious Liberty in Chile, 1973-2000

[link to pdf]
Patrick J. Thurston

---

Public Lands Council v. Babbitt: Herding Ranchers off Public Land?

[link to pdf]
Julie Andersen

Articles

---

Gramsci, Hegemony, and the Law

[link to pdf]
Douglas Litowitz

---

Counterspeech 2000: A New Look at the Old Remedy for "Bad" Speech

[link to pdf]
Clay Calvert, Robert D. Richards

---

The Minimum Distribution of Rules and Their Critical Role in Controlling the Floodgates of Qualified Plan Wealth

[link to pdf]
Jay A. Soled, Bruce A. Wolk

Notes & Comments

---

The Weak Nondelegation Doctrine and American Trucking Associations v. EPA

[link to pdf]
Gabriel Clark

---

Bernstein v. United States Department of Justice: A Cryptic Interpretation of Speech

[link to pdf]
Seth Hanson

---

Don't Rush to Abandon a Suspicion-Based Standard for Searches of Public School Students

[link to pdf]
J. Nathan Jensen

---

www.FranchiseDisclosure.com: Assessing the FTC's Proposed Franchise Rule Provisions Involving Electronic Disclosure

[link to pdf]
Perry C. Siatis

---

National Foreign Trade Council v. Natsios and the Foreign Relations Effects Test: Searching for a Viable Approach

[link to pdf]
Patrick J. Thurston

---

Stumbling at the Finish Line: Employment Discrimination and the Utah Supreme Court in Burton v. Exam Center Industrial

[link to pdf]
Evan S. Tilton

Articles

---

Introduction from the Editor-in-Chief

[link to pdf]
Rod N. Andreason

---

Electronic Commerce and the State and Federal Tax Bases

[link to pdf]
J. Clifton Fleming Jr.

---

State Taxation of Electronic Commerce: Perspectives  on Proposals for Change and Their Constitutionality

[link to pdf]
Walter Hellerstein, Kendall L. Houghton

---

Rethinking State and Local Reliance on the Retail Sales Tax: Should We Fix the Sales Tax or Discard It?

[link to pdf]
Charles E. McLure Jr.

---

Undoing Miranda

[link to pdf]
Michael Edmund O'Neill

Notes & Comments

---

Appendix B

[link to pdf]
Jennie Holman Blake

---

Throwing Canis Lupus to the Wolves: United States v. McKittrick and the Existence of the Yellowstone and Central Idaho Experimental Wolf Populations  Under a Flawed Provision of the Endangered Species Act

[link to pdf]
Daniel R. Dinger

---

Unraveling the Lining of ERISA Health Insurer Pockets — A Vote for National Federal Common Law Adoption of the Make Whole Doctrine

[link to pdf]
David M. Kono

---

AT&T Corp. v. City of Portland: Classifying "Internet Over Cable" in the "Open Access" Fight

[link to pdf]
Jason Whiteley

---

Who Makes the Call? Sentencing the Firearm User Under 18 U.S.C. 924(c) in United States v. Alborola-Rodriguez

[link to pdf]
David J. Williams

Symposium Transcripts

---

Leveling the Playing Field: A Business Perspective on Taxing E-Commerce

[link to pdf]
Val John Christensen

---

The History, Purpose, and Procedures of the Advisory Commission on Electronic Commerce

[link to pdf]
Thomas Griffith

---

Questioning the Viability of the Sales Tax: Can It Be Simplified to Create a Level Playing Field?

[link to pdf]
Rich McKeown

Articles

---

The Clinton Impeachment and the Constitution: Introduction to the Federalist Society Panel

[link to pdf]
Thomas R. Lee

---

Collective Rights Adjudication in U.S. Courts: Enforcing Human Rights at the Corporate Level

[link to pdf]
Kathryn L. Boyd

---

Splitting the Baby: Apportioning Environmental Liability Among Triggered Insurance Policies

[link to pdf]
Rebecca M. Bratspies

---

The Real Rule of Reason: Bridging the Disconnect

[link to pdf]
Michael A. Carrier

---

The Independent Counsel Statute: A Premature Demise

[link to pdf]
Julian A. Cook, III

---

"Useful Arts" in the Information Age

[link to pdf]
Alan L. Durham

Comments

---

One Trillion Dollars? An Analysis of Y2K Employment Implications for Attorneys

[link to pdf]
David M. Kono

Notes

---

United States v. Hotal: Determining the Role of Conditions Precedent in Constitutionality of Anticipatory Warrants

[link to pdf]
Brett R. Hamm

---

Humenansky v. Regents of the University of Minnesota: Questioning Congressional Intent and Authority to Abrogate Eleventh Amendment Immunity with the ADEA

[link to pdf]
Eric Hunter

s

---

Deconstructing Deconstruction (Review of The Rhetoric of Church and State, by Frederick Mark Gedicks)

[link to pdf]
D. Heath Bailey

---

A Lay Person's Guide to Church-State Law (Review of That Godless Court?, by Ronanld B. Flowers)

[link to pdf]
Hyeyoung Bang-Thompson

---

The History and Evolution of Marriage (Review of From Sacrament to Contract, by John Witte, Jr.)

[link to pdf]
Jennie Holman Blake

---

The Tension Between a Godless Constitution and a Culture of Belief in an Age of Reason (Review of The Godless Constituion, by Isaac Kramnick & R. Laurence Moore)

[link to pdf]
Melissa A. Dalziel

---

A Failed Coup on the Judicial Monarchy (Review of God and Man in the Law, by Robert Lowry Clinton)

[link to pdf]
David D. Garner

---

Using the Religion Clauses to Secure Religious Liberty (Review of Securing Religious Liberty, by Jesse Choper)

[link to pdf]
Jared Goff

---

From Polygamy to Peyote: What is the Proper Role of Religion in American Political Decision-Making? (Review of Religion in Politics, by Michael J. Perry)

[link to pdf]
J. Nathan Jensen

---

What is Justice? (Review of Christian Justice and Public Policy, by Duncan B. Forrester)

[link to pdf]
Michael David Lopez

---

The Developmental Progress of Free Exercise (Review of The Lustre of Our Country, by John T. Noonan, Jr.)

[link to pdf]
Charlene Davis Luke

---

The Believer's First Amendment (Review of Separating Church and State, by Timothy L. Hall)

[link to pdf]
Marcus R. Mumford

---

The First Amendment: Saving Us From Ourselves (Review of No Liberty for License, by David Lowenthal)

[link to pdf]
Cory A. Talbot

---

Paving the Way to Religious Acceptance (Review of Please Don't Wish Me a Merry Christmas, by Stephen M. Feldman

[link to pdf]
Lindsay L. Welch

Articles

---

Antecedents, Perspectives, and Projections of a Legal Project About Religious Liberty in Peru

[link to pdf]
Elvira Martínez Coco, Guillermo García-Montúfar

---

Conflict in the Classroom: Educational Institutions as Sites of Religious Tolerance/Intolerance in Nigeria

[link to pdf]
Rosalind I.J. Hackett

---

Religious Liberty and Cultural and Ethnic Pluralism in the Colombian Constitution of 1991

[link to pdf]
Viviane A. Morales Hoyos

---

Religion in Kazakhstan: A General View

[link to pdf]
Roman Podoprigora

---

Legislating Religious Liberty: The Ghanaian Experience

[link to pdf]
Dr. E.K. Quashigah

---

Political Minorities and the Right to Tolerance: The Development of a Right to Conscientious Objection in Constitutional Law

[link to pdf]
Honorable Jose de Sousa e Brito

---

Constitutional Perspective of Church-State Relations in South Africa

[link to pdf]
Johan D. van der Vyver

International Church and State Symposium Notes & Comments

---

Jehovah's Witnesses v. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status in Germany to Satisfy the "Meaning and Purpose of Corporation Status" Test

[link to pdf]
Scott Kent Brown II

---

An Analysis of the Impending Disestablishment of the Church of Sweden

[link to pdf]
E. Kenneth Stegeby

Keynote Address

---

Protecting the Weak: Religious Liberty in the Twenty-First Century

[link to pdf]
Senator Gordon Smith

Notes & Comments

---

The International Convention on Population Development: The Fallacies and Hazards of Population "Control"

[link to pdf]
Rod N. Andreason

---

Seeing Through a Glass, Darkly: The Social Context of "Particular Social Groups" in Lwin v. INS

[link to pdf]
John Hans Thomas

Articles

---

Secularism and the Supreme Court

[link to pdf]
George W. Dent Jr.

---

Intrinsic Limits of Congress' Power Regarding the Judicial Branch

[link to pdf]
David E. Engdahl

---

It's Time for Means-Testing

[link to pdf]
Judge Edith H. Jones, Todd J. Zywicki

---

Proselytism and the Freedom to Change Religion in International Human Rights Law

[link to pdf]
Tad Stahnke

Comments

---

Third-Party Consent Under the United States and Utah Constitutions: Should Utah Adopt the Federal Standard?

[link to pdf]
S. Matthew Cook

---

Telephone Mnemonics and Complementary Numbers: A Review of Trademark and Unfair Competition Law and Policy

[link to pdf]
David R. McKinney

Notes

---

MCC-Marble Ceramic Center: The Parol Evidence Rule and Other Domestic Law Under the Convention on Contracts for the International Sale of Goods

[link to pdf]
Rod N. Andreason

Articles

---

Are We Ready for Mediation in Cyberspace?

[link to pdf]
Joel B. Eisen

---

The Second Amendment in the Nineteenth Century

[link to pdf]
David B. Kopel

---

The Character Evidence Rule Revisited

[link to pdf]
Kenneth J. Melilli

---

The Dissolution of Core Values: Development of Crime and Society in Postwar Scandinavia with an Emphasis on Norwegian Circumstances

[link to pdf]
Justice Georg Fr. Rieber-Mohn

Comments

---

Auto-Owners Insurance Co. v. Harrington: Resisting the Impulse to Judicially Rewrite Exclusion Clauses

[link to pdf]
D. Heath Bailey

---

www.international_shoe.com: Analyzing Weber v. Jolly Hotels' Paradigm for Personal Jurisdiction in Cyberspace

[link to pdf]
Russell D. Shurtz

Articles

---

Children, Parents, and Nonparents: Protected Interests and Legal Standards

[link to pdf]
Eric G. Andersen

Comments

---

An Alternative Approach to the Fourth Amendment in Public Schools: Balancing Students' Rights with School Safety

[link to pdf]
J. Chad Mitchell

---

A Uniform Approach for Determining Arranger Liability Under CERCLA

[link to pdf]
Maralyn Milne Reger

Notes

---

Completing Klehr v. A.O. Smith Corp., and Resolving the Oddity and Lingering Questions of Civil RICO Statute of Limitations Accrual

[link to pdf]
Marcus R. Mumford

Restatement of Mortgages Symposiums

---

Third-Party Defenses to Mortgages

[link to pdf]
Ann M. Burkhart

---

Enforcement of Acceleration Provisions and the Rhetoric of Good Faith

[link to pdf]
R. Wilson Freyermuth

---

The Contract for Deed as a Mortgage: The Case for the Restatement Approach

[link to pdf]
Grant S. Nelson

---

Reforming the Law: The Payment Rule as a Paradigm

[link to pdf]
Dale A. Whitman

Articles

---

The Evolution of Religious Beliefs in a Constitutional Text

[link to pdf]
Alfredo Quispe Correa

---

The Contemporary Form of Registering Religious Entities in Spain

[link to pdf]
Rosa María Martínez de Codes

---

Relations with Religious Minorities: The Spanish Model

[link to pdf]
Alberto de la Hera

---

Christianity and Islam: Lessons from Africa

[link to pdf]
J. Paul Martin

---

Freedom of Religion and Public Worship in Mexico: A Legal Commentary on the 1992 Federal Act on Religious Matters

[link to pdf]
Jorge A. Vargas

---

The Relationship of Religious Liberty to Civil Liberty and a Democratic State

[link to pdf]
James E. Wood Jr.

---

External Monitoring of Domestic Religious Liberties

[link to pdf]
Michael Young

Comments

---

The Potential Liability of Linking on the Internet: An Examination of Possible Legal Solutions

[link to pdf]
Kara Beal

---

Getting a Grip on National Service: Key Organizational Features and Strategic Characteristics of the National Service Corps (AmeriCorps)

[link to pdf]
Daniel E. Witte

International Church and State Symposium Notes & Comments

---

Religious Freedom in Southern Africa: The Developing Jurisprudence

[link to pdf]
Richard Cameron Blake, Lonn Litchfield

---

Understanding Chinese-U.S. Conflict Over Freedom of Religion: The Wolf-Specter Freedom from Religious Persecution Acts of 1997 and 1998

[link to pdf]
Darin W. Carlson

---

Losing My Religion: Austria's New Religion Law in Light of International and European Standards of Religious Freedom

[link to pdf]
Christopher J. Miner

---

In Re Young: A Correct but Unnecessary Constitutional Decision

[link to pdf]
David Lynn Mortensen

---

Religious Human Rights in Global Perspective: Legal Perspectives

[link to pdf]
Jason M. Waite

Notes

---

Giving a Hoot About an Owl Does Not Satisfy the Interest Requirement for Intervention: The Misapplication of Intervention as of Right in Coalition of Arizona/New Mexico Counties for Stable Economic Growth v. Department of the Interior

[link to pdf]
Rodrick J. Coffey

---

Shifting the Paradigm in Child Pornography Criminalization: United States v. Maxwell

[link to pdf]
Chad R. Fears

---

Biting the Hand that Feeds Them — State Prisons and the ADA: Responding to Amos v. Maryland Department of Public Safety & Correctional Services

[link to pdf]
Jennifer L. Lange

---

Young v. Bayer Corp.: When is Notice of Sexual Harassment to an Employee Notice to the Employer?

[link to pdf]
Stanford Edward Purser

Alternative Dispute Resolution Symposiums

---

A Funny Thing Happened on the Way to the (Alternative) Forum: Reexamining Alexander v. Gardner-Denver in the Wake of Gilmer v. Interstate/Johnson Lane Corp.

[link to pdf]
Sarah Rudolph Cole

---

ADR in Youth and Intercollegiate Athletics

[link to pdf]
Gil Fried, Michael Hiller

---

"Wait a Minute. This Is Where I came In." A Trial Lawyer's Search for Alternative Dispute Resolution

[link to pdf]
Steven H. Goldberg

---

Mediator Qualifications: The Trend Toward Professionalization

[link to pdf]
Bobby Marzine Harges

---

Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict for Attorney-Mediators Between the Duty to Maintain Mediation Confidentiality and the Duty to Report Fellow Attorney Misconduct

[link to pdf]
Pamela A. Kentra

---

Thinking of Mediation As a Complex Adaptive System

[link to pdf]
J.B. Ruhl

Articles

---

Reflections on Constitutional Interpretation

[link to pdf]
Raoul Berger

---

Expert Opinion Pleading: Any Merit to Special Certificates of Merit?

[link to pdf]
Amy Leonetti, Jeffrey A. Parness

Articles

---

In Memoriam - Rex E. Lee

[link to pdf]
H. Reese Hansen

---

Federalism, Separation of Powers, and the Legacy of Garcia

[link to pdf]
Rex E. Lee

---

Federalism and the Protection of Rights: The Modern Ninth Amendment's Spreading Confusion

[link to pdf]
Thomas B. McAffee

---

Civil Rights and Federalism Fights: Is There a "More Perfect Union" for the Heirt to the Promise of Brown?

[link to pdf]
Pace Jefferson McConkie

---

Home Dance, the Hopi, and Black Mesa Coal: conquest and Endurance in the American Southwest

[link to pdf]
Charles F. Wilkinson

---

Who Will Control the Future of Indian Gaming? "A Few Pages of History Are Worth a Volume of Logic"

[link to pdf]
Wayne R. Farnsworth, Kevin J. Worthen

Comments

---

Foreign Arbitration Clauses and Foreign Forum Selection Clauses in Bills of Lading Governed by COGSA: Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer

[link to pdf]
Elizabeth A. Clark

---

Bureau of Indian Affiars Hiring Preferences After Adarand Constructors, Inc. v. Peña

[link to pdf]
Wayne R. Farnsworth

Articles

---

A Critical Analysis of Constitutional Claims for Same-Sex Marriage

[link to pdf]
Lynn D. Wardle

Notes and Comments

---

The Utah Medical No-Fault Proposal: A Problem-Fraught Rejection of the Current Tort System

[link to pdf]
Matthew K. Richards

---

How Modern Treatment of 35 U.S.C. Section 112(6) Has Caused Confusion: Hilton Davis v. Warner-Jenkinson and the Right to a Jury on the Issue of Patent Infringement Under the "Equitable" Doctrine of Equivalents

[link to pdf]
David R. Todd

Articles

---

Stock Redemptions and the Family-Owned Corporation: Tax Traps on the Path to Capital Gain Treatment

[link to pdf]
Scott E. Copple

---

The Foreign Amici Dilemma

[link to pdf]
Stephen A. Plass

---

Tax Policy and Health Care Reform: Rethinking the Tax Treatment of Employer-Sponsored Health Insurance

[link to pdf]
Bradley W. Joondeph

Comments

---

The Discretionary Exercise of Supplemental Jurisdiction Under the Supplemental Jurisdiction Statute

[link to pdf]
Jon D. Corey

---

Restricting Shareholder Voting Rights Under the Utah Revised Business Corporation Act

[link to pdf]
Erik G. Davis

Notes

---

The Continuing Saga of Environmental Cleanup Costs: Current Deduction Allowed Under the Restoration Principle of Plainfield-Union

[link to pdf]
Steven G. Black

---

The Parol Evidence Rule and the United Nations Convention on Contracts for the International Sale of Goods: Justifying Beijing Metals & Minerals Import/Export Corp v. American Business Center, Inc.

[link to pdf]
David H. Moore

Articles

---

The Power of Congress over Courts in Nonfederal Cases

[link to pdf]
Louise Weinberg

---

The ALI, Supplemental Jurisdiction, and the Federal Consitutional Case

[link to pdf]
C. Douglas Floyd

---

Confronting the Consolidation Conundrum

[link to pdf]
Richard L. Marcus

---

Antisuit Injunction and Notice of Intervention and Preclusion: Complementary Devices to Prevent Duplicative Litigation

[link to pdf]
Edward F. Sherman

Comments

---

Arthur Miller's Death of a Doctrine or Will the Federal Courts Abstain from Abstaining? The Complex Litigation Recommendations' Impact on the Abstention Doctrine

[link to pdf]
William A. Calhoun II

---

The Sky is Falling—The ALI's Efficient Response to Courts in Crisis?

[link to pdf]
Christine Gail Clark

---

The ALI's Complex Litigation Project and Federal-To-State Consolidation: A Due Process Analysis of Granting to State Courts Nationwide Personal Jurisdiction

[link to pdf]
Deborah Dunn

---

The Complex Litigation Project's Choice of Law Rules for Mass Torts and How to Escape Them

[link to pdf]
Fred I. Williams

---

Antisuit Injunctions Under the Complex Litigation Proposal: Harmonizing the Sirens' Song of Efficiency and Fairness with the Hymn of Judicial Federalism and Comity

[link to pdf]
Paul W. Werner

Notes

---

Removing Intrastate Lawsuits: The Affecting-Commerce Arguement After United States v. Lopez

[link to pdf]
Kelly G. Black

Articles

---

Religious Liberty and the Ukrainian State: Nationalism Versus Equal Protection

[link to pdf]
Howard L. Biddulph

---

The Current Legal Status of Christianity in China

[link to pdf]
R. Lanier Britsch

---

The Church-State Situation in Poland After the Collapse of Communism

[link to pdf]
Krystyna Daniel

---

The Emerging Pattern of Church and State in Western Europe: The Italian Model

[link to pdf]
Silvio Ferrari

---

Associational Structures of Religious Organizations

[link to pdf]
Patty Gerstenblith

---

The Constitution and Sikhs in Britain

[link to pdf]
Satvinder S. Juss

---

The Spanish System of Church and State

[link to pdf]
Gloria M. Morán

---

Freedom of Religion in the Netherlands

[link to pdf]
Sophie C. van Bijsterveld

Notes and Comments

---

Is The Lutheran Church Still the State Church? An Analysis of Church-State Relations in Finland

[link to pdf]
Elizabeth Christensen

---

The Future of Religious Liberty in Argentina: Will a New Consitutional Mandate and Would Newly Proposed Laws Enhance Religious Liberty?

[link to pdf]
David E. Doxey, Scott S. Thomas

---

Kenya: The Struggle to Create a Democracy

[link to pdf]
Lindsey Gustafson

---

Zaire: The Positive Role of Religion in Nation Building

[link to pdf]
James N. MacKinlay

---

A Widow's Might: Nakaya v. Japan and Japan's Current State of Religious Freedom

[link to pdf]
Eric N. Weeks

Articles

---

Search and Seizure and the Utah Constitution: The Irrelevance of the Antipolygamy Raids

[link to pdf]
Paul G. Cassell

---

Lawyers and the Defense of the Presidency

[link to pdf]
Nelson Lund

---

The Advocate's Conflicting Obligations Vis-à-Vis Adverse Medical Evidence in Social Security Proceedings

[link to pdf]
Robert E. Rains

---

A Tale of Two Opinions: The Meaning of Statues and the Nature of Judicial Decision-making in the Administrative Context

[link to pdf]
Katherine L. Vaughns

Comments

---

Women's Right in Early England

[link to pdf]
Christine G. Clark

---

Peer Abuse in Public Schools: Should Schools Be Liable for Student to Student Injuries Under Section 1983?

[link to pdf]
Robert L. Phillips

Notes

---

Central Bank v. First Interstate Bank: Plain Language and the Implied Private Right of Action Under Section 10(b) and Rule 10b-5

[link to pdf]
T.James Lee Jr.

---

American Vending Services, Inc. v. Morse: The Problem of Defective Incorporation in Utah

[link to pdf]
Douglas C. Waddoups

Articles

---

An Anatomy of False Analysis: Original Intent

[link to pdf]
Raoul Berger

---

Vision of Habeas

[link to pdf]
David McCord

---

Abating the Feminization of Poverty: Changing the Rules Governing Post-Decree Modification of Child Support Obligations

[link to pdf]
J. Thomas Oldham

Comments

---

Taking a Look at the Modern Takings Clause Jurisprudence: Finding Private Property Protection Under the Federal and Utah Constituions

[link to pdf]
David W. Tufts

Articles

---

Essay: Power and Presumptions; Rules and Rhetoric; Institutions and Indian Law

[link to pdf]
Deborah A. Geier

---

Is Monopoly Rent Seeking Compatible with Wealth Maximization

[link to pdf]
Mark Glick

---

Taxes, Morals, and Legitimacy

[link to pdf]
Leo P. Martinez

Comments

---

The Religious Emploter Exemption Under Title VII: Should a Church Define Its Own Activities

[link to pdf]
Treaver Hodson

---

Statutory Post-Judgement Interest: The Effect of Legislative Changes After Judgment and Suggestions for Construction

[link to pdf]
Brian P. Miller

---

The Straits of Stare Decisis and the Utah Court of Appeals: Navigating the Scylla of Under-Application and the Charybdis of Over-Application

[link to pdf]
Paul W. Werner

Notes

---

Prosecutorial Immunity: Imbler, Burns, and Now Buckley v. Fitzsimmons—The Supreme Court's Attempt to Provide Guidance in a Difficult Area

[link to pdf]
Jeffery J. McKenna

---

United Structures v. G.R.G. Engineering: Set-off v. Recoupment in Miller Act Payment Bond Disputes

[link to pdf]
Dennis M. Sponer

Articles

---

"Cheers!" A Tribute to Justice Byron R. White

[link to pdf]
Harry A. Blackmun, William J. Brennan Jr., Warren E. Burger, John Paul Stevens

---

Justice Byron White and the Argument that the Greater Includes the Lesser

[link to pdf]
Michael Herz

---

Realism, Rationality and Justice Byron White: Three Easy Cases

[link to pdf]
Allan Ides

---

On Greatness and Constitutional Vision: Justice Byron R. White

[link to pdf]
Rex E. Lee, Richard G. Wilkins

---

Justice Byron R. White: A Modern Federalist and a New Deal Liberal

[link to pdf]
William E. Nelson

---

Shirt-Tales: Clerking for Byron White

[link to pdf]
Kevin J Worthen

---

And He Can Take a Hit Too: Justice White's Utah Connection

[link to pdf]
Robert Leede Davis

Comments

---

Prison Labor Under State Direction: Do Inmates Have the Right to FLSA Coverage and Minimum Wage?

[link to pdf]
James K. Haslam

---

Kiss of Death: Application of Title VII's Prohibition Against Religious Discrimination in the Kingdom of Saudi Arabia

[link to pdf]
James D. Phipps

---

State-Imposed Congressional Term Limits: What Would the Framers of the Constitution Say?

[link to pdf]
Dwayne A. Vance

Articles

---

Determining an Individual's Federal Income Tax Liability When the Tax Benefit Rule Applies: A Fifty-Year Checkup Brings a New Prescription for Calculating Gross, Adjusted Gross, and Taxable Incomes

[link to pdf]
Matthew J. Barrett

---

Suzanna and—the Ninth Amendment

[link to pdf]
Raoul Berger

---

Abortion Rights in America

[link to pdf]
Joan R. Bullock

Comments

---

The Race to the Courthouse: Conflicting Views Toward the Judicial Review of OSHA Standards

[link to pdf]
David R. Cherrington

---

Are You My Mother? The Scientific and Legal Validity of Conventional Blood Testing and DNA Fingerprinting to Establish Proof of Parentage in Immigration Cases

[link to pdf]
Alan R. Davis

---

Using History to Reshape the Discussion of Judicial Review

[link to pdf]
Shawn Gunnarson

Notes

---

Sullivan v. Scoular Grain Co.:Apportioning the Fault of Immune Employers

[link to pdf]
Dale T. Hansen

Annual Indexs

---

An Employer's Guide to Protecting Trade Secrets from Employee Misappropriation

[link to pdf]
Derek P. Martin

Articles

---

The Role of Public Opinion in Constitutional Interpretation

[link to pdf]
James G. Wilson

---

Los Olvidados: Images of the Immigrant, Political Power of Noncitizens, and Immigration Law and Enforcement

[link to pdf]
Kevin R. Johnson

---

Rethinking Federal Judicial Selection

[link to pdf]
Carl Tobias

---

Where to Pray? A Survey Regarding Prayer Rooms in A.B.A. Accredited, Religiously Affiliated Law Schools

[link to pdf]
David L. Gregory

Comments

---

A Model Statute for the Development of Oil and Gas Interests Held Under Joint Ownership

[link to pdf]
Curtis Anderson

Notes

---

State v. Thomas and the McDonough Test: A Safety Net Proposal to Cure the Square Peg-Round Hole Dilemma

[link to pdf]
Lisabeth Joner

---

Planned Parenthood v. Clark County School District: "Having Your Cake and Eating It Too" in Public School Free Speech Cases

[link to pdf]
Curtis Anderson

---

Taxation, Equal Protection, and Inquiry into the Purpose of a Law: Nordlinger v. Hahn and Allegheny Pittsburgh Coal Co. v. County Commision

[link to pdf]
Michael D. Rawlins

---

Georgia v. McCollum An Unprincipled and Potentially Unjust Ending to the Peremptory Challenge Cases

[link to pdf]
Eric E. Vernon

Articles

---

A New Antidote for an Opponenet's Pretrial Discovery Misconduct: Treating the Misconduct at Trial as an Admission by Conduct of the Weakness of the Opponent's Case

[link to pdf]
Edward J. Imwinkelried

---

Predatory Governmental Zoning Practices and the Supreme Court's New Takings Clause Formulation: Timing, Value, and R.I.B.E.

[link to pdf]
Bruce W. Burton, William C. Leigh

---

Fines Under New Federal Civil Rule 11: The New Monetary Sanctions for the "Stop-and-Think-Again" Rule

[link to pdf]
Jeffrey A. Parness

Book Reviews

---

Aaron Kirschenbaum on Equity in Jewish Law

[link to pdf]
Steven F. Friedell

Comments

---

The Pharisees and the Sadducees: Rethinking their Respective Outlooks on Jewish Law

[link to pdf]
Gregory R. Knight

---

An Employer's Guide to Protecting Trade Secrets from Employee Misappropriation

[link to pdf]
Derek P. Martin

Humors

---

Ten Reasons to Attend Law School

[link to pdf]
C. Steven Bradford

Notes

---

Planned Parenthood v. Clark County School District: "Having Your Cake and Eating It Too" in Public School Free Speech Cases

[link to pdf]
Curtis Anderson

---

Taxation, Equal Protection, and Inquiry into the Purpose of a Law: Nordlinger v. Hahn and Allegheny Pittsburgh Coal Co. v. County Commision

[link to pdf]
Michael D. Rawlins

---

Georgia v. McCollum An Unprincipled and Potentially Unjust Ending to the Peremptory Challenge Cases

[link to pdf]
Eric E. Vernon

Articles

---

General Report
Individualism and Communitarianism in Contemporary Legal Systems: Tensions and Accommodations

[link to pdf]
Mary Ann Glendon

---

Traditionalism, Secularism, and the Transformative Dimension of Religious Institutions

[link to pdf]
W. Cole Durham Jr., Alexander Dushku

---

Why the Taint to Religion?: The Interplay of Chance and Reason

[link to pdf]
Richard Stith

---

The Role of Local Governments in Striking the Proper Balance Between Individualism and Communitarianism: Lessons for and from Americans

[link to pdf]
Kevin J Worthen

---

Children's Rights: The Destruction and Promise of Family

[link to pdf]
Barbara Bennett Woodhouse

---

The Poverty of Rights-Blind Communality: Looking Through the Window of Japan

[link to pdf]
Tatsuo Inoue

---

The "State" of Private Networks: The Emerging Legal Regime of Polycorporatism in Germany

[link to pdf]
Gunther Teubnerk

---

Individualism and Communitarianism in a Contemplorary Polish Legal System: Tensions and Accommodations

[link to pdf]
Miroslaw Wyrzykowski

---

Schools as Intellectual and Moral Associations

[link to pdf]
Bruce C. Hafen

---

Public School Financing in the Untied States: More on the Dark Side of Intermediate Structures

[link to pdf]
John C. Reitz

---

Individualisme et communautarisme: L'individu, la famille et l'Etat en Europe occidentale

[link to pdf]
Marie-Thérèse Meulders-Klein

---

Individualisme et "communautarisme" en droit francais: le cas des relations de travail

[link to pdf]
Xavier Blanc-Jouvan

---

Individualism and Communitarianism at Work

[link to pdf]
Thomas C. Kohler

Notes and Comments

---

Towards a More Perfect European Human Rights Standard: A New Argument Against a United Kingdom Bill of Rights

[link to pdf]
Keith Cope

---

The Need for an American Industrial Policy

[link to pdf]
Steven C. Earl

Articles

---

Liberty and Equality Under the Religion Clauses of the First Amendment

[link to pdf]
Kenneth W. Starr

---

The Inequality of Anti-establishment

[link to pdf]
William P. Marshall

---

The Religious Freedom Restoration Act: Legislative Choice and Judicial Review

[link to pdf]
Rex E. Lee

---

Conflicting Paradigms of Religious Freedom: Liberty Versus Equality

[link to pdf]
Stephen Pepper

---

Postmodernist Architectures in the Law of Religion

[link to pdf]
Ruti G. Teitel

---

The Rhetoric of Free Exercise Discourse

[link to pdf]
Mark Tushnet

---

Suprised by Law

[link to pdf]
Emily Fowler Hartigan

---

"God Is Dead and We Have Killed Him!": Freedom of Religion in the Post-modern Age

[link to pdf]
Michael W. McConnell

---

The Religious Clause: A Double Guarantee of Religious Liberty

[link to pdf]
Edward McGlynn Gaffney Jr.

---

The Religious Freedom Restoration Act

[link to pdf]
Douglas Laycock

---

Employment Division v. Smith and the Decline of Supreme Court-Centrism

[link to pdf]
Ira C. Lupu

---

Statet Constitutional Protection of Religious Exercise: An Emerging Post-Smith Jurisprudence

[link to pdf]
Angela C. Carmella

---

Subsidies for Expression and the Future of Free Exercise

[link to pdf]
Wayne McCormack

---

Monistic and Dualistic Paths to Radical Secularism: Comments on Tushnet

[link to pdf]
Ralph C. Hancock

Notes and Comments

---

Tightening Judicial Standards for Granting Foreign Discovery Requests

[link to pdf]
Ryan J. Earl

---

Redefining Objectivity: The Case for the Reasonable Woman Standard in Hostile Environment Claims

[link to pdf]
David L. Pinkston

Articles

---

Prison Objectives and Human Dignity: Reaching a Mutual Accommodation

[link to pdf]
Melvin Gutterman

---

A Study in the Choice of Form: Statutes of Limitation and the Doctrine of Laches

[link to pdf]
Gail L. Heriot

---

The Economics and Politics of Emergency Health Care for the Poor: The Patient Dumping Dilemma

[link to pdf]
Maria O'Brien Hylton

Book Reviews

---

Bruce Ackerman on Interpretation: A Critique

[link to pdf]
Raoul Berger

Comments

---

The Impact of Federal Labor Policy on the Americans with Disabilities Act of 1990: Collective Bargaining Agreements in a New Era of Civil Rights

[link to pdf]
David S. Doty

---

Utah Limited Liability Companies: The "Ugly Ducklings"

[link to pdf]
Keen L. Ellsworth

---

Conversion from Chapter 13 to Chapter 7 of the Bankruptcy Code: What Constitutes Property of the Post-Conversion Estate?

[link to pdf]
David A. Hardy

---

The Selling Real Estate Broker and the Purchaser: Assessing the Relationship

[link to pdf]
Brett L Hopper

---

Keiretsu: Their Effect on Business and How American Government and Business Can Confront Them

[link to pdf]
Jonathan E. Johnson III

---

Survey of Utah Strict Products Liability Law: From Hahn to the Present and Beyond

[link to pdf]
Robert A. McConnell

Notes

---

Inherent Sanctioning Power in the Federal Courts After Chambers v. NASCO, Inc.

[link to pdf]
Stephen K. Christiansen

---

Congress Stopped Short in Amending the Law of Venue in Patent Infringement Cases: VE Holding Corp. v. Johnson Gas Appliance Co.

[link to pdf]
Darin J. Gibby

---

State v. Perank: Is the Uintah-Ouray Reservation "Nailed Down Upon the Border"?

[link to pdf]
David R. Williams

Articles

---

The Transfiguration of Samuel Chase: A Rebuttal

[link to pdf]
Raoul Berger

---

Elvis Is Alive, But He Shouldn't Be: The Right of Publicity Revisited

[link to pdf]
Lee Goldman

---

Private Land Use, Changing Public Values, and Notions of Relativity

[link to pdf]
Lynda L. Butler

---

Prosecutorial Discretion in an Adversary System

[link to pdf]
Kenneth J. Melilli

Comments

---

ADEA Front Pay Awards: Who Should Determine the Amount?

[link to pdf]
B. Todd Bailey

---

Southern Kurils or Northern Territories? Resolving the Russo-Japanese Border Dispute

[link to pdf]
Keith A. Call

---

The History, Application, and Policy of the Judicially Created Standards of Review for Arbitration Awards

[link to pdf]
Bret F. Randall

---

Good Cause for Franchise Termination: An Irreconcilable Difference Between Franchisee Fault and Franchisor Market Withdrawal

[link to pdf]
Rose Marie Reynolds

Notes

---

Gentile v. State Bar: Core Speech and a Lawyer's Pretrial Statements to the Press

[link to pdf]
D. Christopher Albright

---

Limited-Purpose Public Figures: Spence v. Flynt as an Illustration of the Need for a More Complete Test

[link to pdf]
Stacey L. Hayden

---

Payne v. Tennessee: The Supreme Court Places Its Stamp of Approval on the Use of "Victim Impact Evidence" During Capital Sentencing Proceedings

[link to pdf]
Stephen M. Sargent

Articles

---

Introduction: Humor in Legal Education and Scholarship

[link to pdf]
James D. Gordon III

---

The Wrong Stuff

[link to pdf]
Alex Kozinski

---

Id.

[link to pdf]
Gerald F. Uelman

---

2010: A Clinical Odyssey

[link to pdf]
Paul Bergman

---

Minutes of the Faculty Meeting

[link to pdf]
Anthony D'Amato

---

An Unofficial Guide to the Bill of Rights

[link to pdf]
James D. Gordon III

---

Humor as the Enemy of Death, Or Is It "Humor as the Enemy of Depth?"

[link to pdf]
Kenney Hegland

---

I Want to Know What Bearer Paper Is and I Want to Meet a Holder in Due Course: Reflections on Instruction in UCC Articles Three and Four

[link to pdf]
Marianne M. Jennings

---

Legal Education and the Theatre of the Absurb: "Can't Anybody Play This Here Game?"

[link to pdf]
Paul A. LeBel

Humor Guides

---

A Bibliography of Humor and the Law

[link to pdf]
James D. Gordon III

Notes and Comments

---

Better Off with the Reasonable Man Dead or The Reasonable Man Did the Darndest Things

[link to pdf]
Randy T. Austin

---

A Negative Incentive Based Proposal for Campaign Finance Reform: Lessons from Nottingham

[link to pdf]
York Moody Faulkner

---

Humor, the Law, and Judge Kozinski's Greatest Hits

[link to pdf]
David A. Golden

---

Reflections of a 3L- A Thought Piece

[link to pdf]
Grant M. Sumsion

Articles

---

Institutional Reform in Eastern Eurrope: Evolution or Design?

[link to pdf]
Roman Frydman, Andrzej Rapacynski

---

Germany Reunified: International and Constitutional Problems

[link to pdf]
Helmut Steinberger

---

Judicial Review and Hungary's Transition from Communism to Democracy: The Constitutional Court, the Continuity of Law, and the Redefinition of Property Rights

[link to pdf]
Ethan Klingsberg

---

Searching for the Rule of Law in the Wake of Communism

[link to pdf]
George P. Fletcher

Comments

---

Exporting United States Drug Law: An Example of the International Legal Ramifications of the "War on Drugs"

[link to pdf]
D. Brian Boggess

---

International Extradition: Issues Arising Under the Dual Criminality Requirement

[link to pdf]
Jonathan O. Hafen

---

Taiwan Re-Recognized: A Model for Taiwan's Future Global Status

[link to pdf]
Michael E. Mangelson

---

Can You Bank on It? Italy's Response to the Second Banking Directive on the European Community

[link to pdf]
Jeffrey A. Orr

Notes

---

Judicial Review of State Regulation Which Impacts Foreign Trade: A Second Look at South-Central Timber Development v. Wunnicke

[link to pdf]
York Moody Faulkner

---

Splintered Decisions, Implicit Reversals, and the Lower Federal Courts: Planned Parenthood v. Casey

[link to pdf]
William G. Peterson

Articles

---

Et tu Raoul? or The Original Misunderstanding Misunderstood

[link to pdf]
Stephen B. Presser

---

Section 117 of the Copyright Act

[link to pdf]
Robert A. Kreiss

Notes and Comments

---

Corporate Officer Liability Under RCRA: Stringent but Not Strict

[link to pdf]
David T. Barton

---

Tax Title in Utah: Caveats for Potential Purchasers and Proposals for Change

[link to pdf]
Guy Lamoyne Black

---

Liquidated Damages and the Penalty Rule: A Reassessment

[link to pdf]
David Brizzee

---

Looking Back at City of Richmond v. J.A. Croson Co.: It Effects on State and Local Set-Aside Programs

[link to pdf]
Bryan B. Chambers

---

A Market Analysis of Anticompetition Agreements in Labor Contracts

[link to pdf]
York Moody Faulkner

---

The Conversion of Intangible Property: Bursting the Ancient Trover Bottle with New Wine

[link to pdf]
Val D. Ricks

Articles

---

Original Intent: Bittker v. Berger

[link to pdf]
Raoul Berger

---

The Waste Land

[link to pdf]
Arthur Austin

---

Economic Rents and Essential Facilities

[link to pdf]
Keith N. Hylton

---

A Fixed Principle Approach to Statutory Construction: The Glass-Steagall Act As a Test Case

[link to pdf]
Vincent Di Lorenzo

Notes

---

Employment Division v. Smith: A Giant Step Backwards in Free Exercise Jurisprudence

[link to pdf]
Randy T. Austin

---

Interpreting Statutes Faithfully—Not Dynamically

[link to pdf]
Craig W. Dallon

---

The Business Judgment Rule: How Much Board Deliberation is Enough When a Board is Under Time Constraints?—Citron v. Fairchild Camera and Instrumental Corp.

[link to pdf]
Jeffrey M. Moss

---

Designation and Protection of Critical Groundwater Areas

[link to pdf]
Susan Batty Peterson

---

Joslyn Manufacturing Co. v. T.L. James & Co.—Should the Sins of the Children be Answered Upon the Heads of the Parents?

[link to pdf]
Grant M. Sumsion

---

Younger Abstention Doctrine: A Morass of Confusion

[link to pdf]
R. Gary Winger

Articles

---

The Monroe Mystery Solved: Beyond the "Unhappy History" Theory of Civil Rights Litigation

[link to pdf]
Louise Weinberg

---

Pragmatism Without Politics—A Half Measure of Authority for Jurisdictional Common Law

[link to pdf]
Gene R. Shreve

---

Abstention and the Constitutional Limits of the Judicial Power of the United States

[link to pdf]
Calvin R. Massey

---

The Screening of Appeals: The Ninth Circuit's Experience in the Eighties and Innovations for the Nineties

[link to pdf]
John B. Oakley

---

Against an Elite Federal Judiciary: Comments on the Report of the Federal Courts Study Committee

[link to pdf]
Micahel Wells

---

Rule 11 and Federalizing Lawyer Ethics

[link to pdf]
Judith A. McMorrow

---

Dealing with Younger Abstention as a Part of Federal Courts Reform—The Role of the Vanishing Proposal

[link to pdf]
George D. Brown

Comments

---

Patent Venue: One More Attempt to Broaden the Statute

[link to pdf]
David Fogg

---

Weather Modification: The Continuing Search for Rights and Liabilities

[link to pdf]
Gregory N. Jones

---

A Distinction Without a Difference- The Spectrum Scarcity Rationale No Longer Justifies Content-Based Broadcast Regulation

[link to pdf]
Jonathan O. Hafen

Notes

---

Multiple Jury Formats and Civil Litigation: Arnold v. Eastern Airlines

[link to pdf]
David S. Chipman

---

The Ethics Reform Act of 1989: Why the Taxman Can't Be a Paperback Writer

[link to pdf]
David A. Golden

---

Establishing Clause Jurisprudence and Its Effect on Prayer at Commencement Exercises: A Look at Weisman v. Lee

[link to pdf]
Brian A. Hatch

---

Determining the Indirect Purchaser's Right to Sue in the Context of Regulated Utilities: Kansas & Missouri v. Utilicorp United, Inc.

[link to pdf]
Brett L. Hopper

---

Maryland v. Craig Ignoring the Letter and Purpose of the Confrontation Clause

[link to pdf]
Anthony S. Parise

---

"Reverse Rico" Double Jeopardy Protection Under United States v. Esposito:Someone's in the Kitchen with Grady, but It's Not the Third Circuit

[link to pdf]
Scott Taylor Sheffer

Articles

---

Individualism and Autonomy in Family Law: The Waning of Belonging

[link to pdf]
Bruce C. Hafen

---

A Reminiscence About the Uniform Marriage and Divorce Act—And Some Reflections About Its Critics and Its Politics

[link to pdf]
Robert J. Levy

---

No-Fault Divorce and the Divorce Conundrum

[link to pdf]
Lynn D. Wardle

---

Divorce Stories: Readings, Comments and Questions on Law and Narrative

[link to pdf]
Carol Weisbrod

---

Rethinking Alimony: Marital Decisions and Moral Discourses

[link to pdf]
Carl E. Schneider

---

Should The Theory of Alimony Include Nonfinancial Losses and Motiviations?

[link to pdf]
Ira Mark Ellman

---

Puzzling over Children's Rights

[link to pdf]
John E. Coons, Robert H. Mnookin, Stephen D. Sugarman

---

Youth Crime and the Choice Between Rules and Standards

[link to pdf]
Lee E. Teitelbaum

---

Mediating the Polar Extremes: A Guide to Post-Webster Abortion Policy

[link to pdf]
Dr. Steven Clark, Richard Sherlock, Richard G. Wilkins

---

The State, the Family, and the Constitution: A Case Study in Flawed Bipolar Analysis

[link to pdf]
Earl M. Maltz

Book Notes

---

Adjusting to Unconventional Families in a Changing World (Review of Skolnick & Skolnick: Family in Transition: Rethinking Marriage, Sexuality, Child Rearing and Family Organization

[link to pdf]
Kristen H. Sorensen

---

Review of Norman Daniels: Am I My Parents' Keeper? An Essay on Justice Between the Young and the Old

[link to pdf]
Jay M. Allen

---

Review of The American Family and the State

[link to pdf]
Craig W. Dallon

---

The Costs of Choices: A Review of Guido Calabresi's Ideals, Beliefs, Attitudes, and the Law

[link to pdf]
Ron Christian

---

Examining Family Policies for A Pluristic America (Review of Levitan, Belous, & Gallo: What's Happening to the American Family? Tensions, Hopes, Realities

[link to pdf]
Daniel W. Lewis

---

Mixed Blessings: Intensive Care for Newborns- A Report Car for Congress After the Baby Doe Legislation (Review of J. Guillemin & L. Holmstrom: Mixed Blessings: Intensive Care for Newborns

[link to pdf]
Monte M. Deere

---

The Ongoing Uncertainty of Surrogacy (Review of Field, Surrogate Motherhood)

[link to pdf]
Lori A. Demond

---

Review of H. Kuhse & P. Singer: Sould the Baby Live? The Problem of Handicapped Infants

[link to pdf]
George P. Barbaresi

---

Surrogacy Agreements (Review of C. Shalev: Birth Power)

[link to pdf]
Marci L. Smith

---

Review of M. Glendon: The Transformation of Family Law: State, Law, and Family in the United States and Western Europe

[link to pdf]
Jonathan O. Hafen

Book Reviews

---

Review of Divorce Reform at the Crossroads (S.Sugarman & H. Kay, ed.)

[link to pdf]
Leslie J. Harris

Essays

---

A Legal Strategy to Overturn Roe v. Wade After Webster: Some Lessons from Lincoln

[link to pdf]
Clarke D. Forsythe

Articles

---

Developments in EC Procurement Law Under the 1992 Program

[link to pdf]
Charlene Barshefsky, Alastari Sutton, Jo Anne Swindler

---

Direct Taxation—Whither in the Singles Market of 1992?

[link to pdf]
Philip Bentley

---

The EEC Merger Regulation and its Impact on Non-EEC Businesses

[link to pdf]
Alec Burnside, Carl Meyntjens

---

Company Law in the European Single Market

[link to pdf]
Richard D. English

---

The New Approach to the Elimination of Technical Barriers in the European Community

[link to pdf]
Gerwin Van Gerven, Bernard van de Walle de Ghelcke, Koen Platteau

---

"Europe, 1992": Riding High On the Fourth Wave

[link to pdf]
Gunnar P. Nielsson

---

Realizing the European Community Common Market by Unifying Intellectual Property Law: Deadline 1992

[link to pdf]
Victor Vandebeek

Comments

---

The European Court of Justice: Last Hope for 1992

[link to pdf]
Eugene C. Austin

---

Nicolo and the Push to 1992—The Evolution of Judicial Review in France

[link to pdf]
Mike Bothwell

---

The Emergence of the Social Dimension of the European Economic Community

[link to pdf]
Timothy W. Dowdy

---

The European Community's Second Banking Directive and U.S. Banking Regulation: Preparing for a Multilateral Agreement for the Trade of Services

[link to pdf]
Douglas L. Hymas

---

The European Community's Common Agricultural Policy Predicament: Exacerbation by Spain and Portugal's Entry and Proposed Solutions

[link to pdf]
Christian Henrie Jensen

---

Gains from a Unified European Community Public Procurement Market: An Analysis Using Auction Theory

[link to pdf]
Lorie Johnson

---

An Entity for Community Cooperation: The European Economic Interest Grouping

[link to pdf]
P. Sterling Kerr

---

The European Community In 1992: An Intergrated Approach to Economy and Ecology

[link to pdf]
Patricia L. LaTulippe, Susan Polizzotto

---

Lome IV—No "Fortress Europe"

[link to pdf]
Jini L. Roby

---

Coordinating Taxes in the European Economic Community: What Can Be Done by 1992?

[link to pdf]
Brent D. Rose

Articles

---

Public Choice and the Judiciary: Introductory Notes

[link to pdf]
William C. Mitchell, Randy T. Simmons

---

Models of Judicial Choice as Allocation and Distribution in Constitutional Law

[link to pdf]
Peter H. Aranson

---

The Independence of Judges: The Uses and Limitations of Public Choice Theory

[link to pdf]
Richard A. Epstein

---

Courts and Collectivities

[link to pdf]
Vincent Ostrom

---

Justice Samuel Chase v. Thomas Jefferson: A Response to Stephen Presser

[link to pdf]
Raoul Berger

---

Fairness to the Absent Members of a Defendent Class: A Proposed Revision of Rule 23

[link to pdf]
Elizabeth Barker Brandt

Notes

---

Damage Apportionment in Accounting Malpractice Actions: The Role of Comparative Fault

[link to pdf]
Jay M. Allen

---

Terminating At-Will Employment Contracts in Utah Subsequent to Berube v. Fashion Centre

[link to pdf]
George P. Barbaresi

---

Facing God or the Government—United States v. Aguilar: A Big Step for Big Brother

[link to pdf]
Mike Bothwell

---

Chapter 11 Bankruptcy: Is a Consumer Debtor Eligible

[link to pdf]
Craig W. Dallon

---

Arcadian Phosphates, Inc. v. Arcadian Corp.—Taming Texaco's Agreement Principle

[link to pdf]
Jonathan O. Hafen

---

Necessity or Overkill? Regulating Residential Landlord-Tenant Relations through the Utah Consumer Sales Practices Act

[link to pdf]
David L. Johnson

---

The War on Drugs and Denominational Preferences: Farewell to Strict Scrutiny Analysis

[link to pdf]
Jeffrey T. Lawrence

---

Utah's Emerging Constitutional Weapon—The Open Courts Provision: Condemarin v. University Hospital

[link to pdf]
Daniel W. Lewis

---

Three Years After Matter of Mogharrabi: Is a "Reasonable Person" Test the Answer to the Confusing "Well-Founded Fear of Persecution" Standard in Asylum Cases?

[link to pdf]
Michael E. Mangelson

---

Eimann v. Soldier of Fortune Magazine: Determining the Scope of Duty in Negligence Cases

[link to pdf]
Whitney E. Peterson

---

The Eleventh Amendment's Clear Statement Test After Dellmuth v. Muth and Pennsylvania v. Union Gas Co.

[link to pdf]
Robert T. Smith

---

RICO's Section 1962(a) and the Investment Injury Rule: Is Big Business off the Hook

[link to pdf]
Kristen Hayes Sorensen

---

Narrowing the Scope of Absolute Judicial Immunity from Section 1983 Suits: The Bar Grievance Committee and the Judicial Function

[link to pdf]
Jon Evan Waddoups

Articles

---

In the Aftermath of Johnson and Eichman: The Constitution Need Not be Mutilated to Preserve the Government's Speech and Property Interests in the Flag

[link to pdf]
Douglas W. Kmiec

---

The Jury's Role in Capital Cases is Immune From Judicial Interference

[link to pdf]
Raoul Berger

---

Teaching Parol Evidence

[link to pdf]
James D. Gordon III

Book Reviews

---

Neighborhood Property Law

[link to pdf]
Corwin W. Johnson

---

R. Bork, The Tempting of America: The Political Seduction of the Law

[link to pdf]
Randolph J. May

---

R. Berger, The Fourteenth Amendment and the Bill of Rights

[link to pdf]
Charles E. Rice

Notes

---

DeShaney's Effect on Future "Poor Joshuas"—Whether a State Should be Liable Under the Fourteenth Amendment for Harm Inflicted by a Private Individual

[link to pdf]
Lori DeMond

---

The Power of the Shield— Permanently Enjoining Litigation Against Entities other than the Debtor—a Look at In Re A.H. Robins Co.

[link to pdf]
John E. Swallow

Articles

---

Introduction

[link to pdf]
Richard A. Posner

---

Caseload and Judging: Judicial Adaptations to Caseload

[link to pdf]
Lauren K. Robel

---

Defining the Role of the Federal Courts

[link to pdf]
Erwin Chemerinsky, Larry Kramer

---

Diversity Jurisdiction

[link to pdf]
Larry Kramer

---

Evidentiary Hearings in Federal Habeas Corpus Cases

[link to pdf]
Charles D. Weisselberg

---

Retroactivity and the Great Writ: How Congress Should Respond to Teague v. Lane

[link to pdf]
Joseph L. Hoffman

---

Rationalizing Removal

[link to pdf]
Charles Rothfeld

---

The Demise of Pendent and Ancillary Jurisdiction

[link to pdf]
Thomas M. Mengler

---

Fine-Tuning Judicial Federalism: A Proposal for Reform of the Anti-Injunction Act

[link to pdf]
Diane P. Wood

---

An Analysis of Supplemental Jurisdiction and Abstention with Recommendations for Legislative Action

[link to pdf]
Rex E. Lee, Richard G. Wilkins

---

Specialized Adjudication

[link to pdf]
Rochelle Cooper Dreyfuss

---

Jurisdiction Over Civil Tax Cases

[link to pdf]
Larry Kramer

---

Social Security Disability Determinations: Recommendations for Reform

[link to pdf]
Richard E. Levy

---

The Case for Bankruptcy Appellate Panels

[link to pdf]
Thomas E. Carlson

Articles

---

Common Myths in the Economic Analysis of Law

[link to pdf]
Alex Y. Seita

---

The Last Shall Be First, and the First Last: Ruminations on the Past, Present and Future Course of Government Regulation of Hazardous Pollutants

[link to pdf]
Kevin J Worthen

---

Radiation Injury and the Law

[link to pdf]
David S. Gooden

---

Cumulative Voting for Corporation Directors: Majority Shareholders in the Role of a Fox Guarding a Hen House

[link to pdf]
Richard S. Dalebout

---

Corporate Scienter Under Securities Exchange Act of 1934

[link to pdf]
Craig L. Griffin

Book Reviews

---

The Legitimacy of Vigilanteism

[link to pdf]
Lloyd R. Cohen

---

Battle for Justice: How the Bork Nomination Shook America

[link to pdf]
Arthur Austin

Comments

---

Independent Motion Picture Financing: Unregistered Limited Partnership Offerings

[link to pdf]
James L. Thompson

Notes

---

Estimating Contingent Liability to Determine Insolvency in Bankruptcy Proceedings: In re Xonics Photochemical, Inc.

[link to pdf]
Kathryn Ogden Balmforth

---

Production, Production, What is Production? Diamond Shamrock v. Hodel

[link to pdf]
James E. Prince

---

Standing to Sue for Unrecognized Foreign Governments: National Petrochemical Company of Iran v. M/T Stolt Sheaf

[link to pdf]
Reid W. Lambert

Articles

---

History, Judicial Revisionism and J.M. Balkin

[link to pdf]
Raoul Berger

---

Just Compensation and the Condemnation of Future Interests: Empirical Evidence of the Failure of Fair Market Value

[link to pdf]
Laura H. Burney

---

Shaping Antitrust Enforcement: Greater Emphasis on Barriers to Entry

[link to pdf]
David L. White

---

Indian Treaties and Their Abrogation by Statutes of General Applicability: A Not-Entirely Nonpartisan Essay on "Quiet" Abrogations, "Actual" Consideration, and the Unhappy Reception Given United States v. Dion

[link to pdf]
Robert Laurence

Notes

---

Appellate Review of Rule 11 Issues—De Novo or Abuse of Discretion? Thomas v. Capital Security Services, Inc.

[link to pdf]
D. Lee Decker

---

The Status of Section 5 of the Immigration Marriage Fraud Amendments of 1986 Since Smith v. INS: No Relief from the Courts but a Hope for Amendment

[link to pdf]
Michael Evans

---

Nally v. Grace Community Church of the Valley: Absolution for Clergy Malpractice

[link to pdf]
Greg Slater

---

Bonner v. Lewis: Testing Society's Commitment to Aid Individuals with Handicaps

[link to pdf]
Steven J. Wright

---

J.W.F. v. Schoolcraft: The Husband's Rights to His Wife's Illegitimate Child Under Utah Law

[link to pdf]
Kim C. Stanger

---

Elden v. Sheldon- Should Policy Outweigh Foreseeabilty?

[link to pdf]
Dean H. Lefler

Articles

---

The 1988 Omnibus Trade Bill: Issues and Perspectives

[link to pdf]
Paul Freedenberg

---

Foreign Direct Investment in the United States: The Differing Perspectives of Washington, D.C. and the State Capitals

[link to pdf]
Earl H. Fry

---

The Evolution of the Escape Clause—Section 201 of the Trade Act of 1974 as Amended by the Omnibus Trade and Competitive Act of 1988

[link to pdf]
Warren Maruyama

---

The "Escape Clause" and the Safeguards Wrangle

[link to pdf]
Alan C. Swan

---

Nonmarket Economy Dumping: New Directions in Fair Value Analysis

[link to pdf]
Charles Owen Verrill Jr.

---

Analysis of the Dumping and Countervailing Duty Provisions in the Omnibus Trade and Competitiveness Act of 1988

[link to pdf]
Charles Owen Verrill Jr.

---

The Trade Bill—The View From Capitol Hill

[link to pdf]
Thelma J. Askey

---

International Protection of Intellectual Property Under the 1988 Trade Bill

[link to pdf]
Lee D. Green

---

Revisions of the Foreign Corrupt Practices Act by the 1988 Omnibus Trade Bill: Will it Reduce the Compliance Burdens and Anticompetitive Impact?

[link to pdf]
Judith L. Roberts

---

Presentation Made at the Trade Bill Conference Brigham Young University Law School on January 14, 1989

[link to pdf]
Shunji Yanai

---

Japan's Response to the Omnibus Trade Act

[link to pdf]
Dick K. Nanto

---

The 1988 Trade Act—Refinement or Major Change to U.S. Trade Laws? A View from the European Community

[link to pdf]
Richard Wright

Comments

---

Section 301 of the Trade and Competitiveness Act of 1988: Its History and Implications in the U.S.-South Korea Trade

[link to pdf]
Jini L. Roby

---

The Process Patent Amendments Act of 1988: Solving an Old Problem, But Creating New Ones

[link to pdf]
W. Bradley Haymond

---

Using Legislation to Open Japan's Financial Markets: An Analysis of the Trade Bill's Primary Dealer Provision

[link to pdf]
Mark A. Pearson

---

The International Debt Management Act of 1988: Has the Baker Plan Been Replaced?

[link to pdf]
Robert P. Doane, Douglas L. Hymas, III

---

The 1988 Trade Act and the Effect on United States Export Controls to the People's Republic of China

[link to pdf]
John B. Geddes

---

The Toshiba Sanctions Provision: Its Constitutionality and Impact on COCOM

[link to pdf]
Spencer L. Kenner, Mark A. Russell

---

Opening Doors in Foreign Market Trade Through the Telecommunications Trade Bill

[link to pdf]
Colette E. Neuner

---

U.S. Agriculture and the Omnibus Trade Bill: A Step in the Right Direction?

[link to pdf]
Kenneth S. Barrow, Matthew V. Parker

---

Plant Closing Notification: Dividing the Costs of Closures Through Federal Regulation

[link to pdf]
Suzanne Richey Fitts, J. Benjamin Tyler

---

Education: A Long Term Investment in United States International Competitiveness

[link to pdf]
Patricia Owen

---

The Trade Bill's Approach to Helping Dislocated Workers: Will it Work?

[link to pdf]
Carl L. Britsch

---

Antidumping and Countervailing Duty Laws: The Quest to Control Nonmarket Economy Countries

[link to pdf]
McKay M. Pearson

---

Overview of Amendments in the 1988 Omnibus Trade Bill: Sections 301, "Super 301" and 337

[link to pdf]
Howard Russell

---

The Omnibus and Fair Trading Act of 1988 and the United States Trade Representative: Suggestions for Better Coordination and Implementation of an Effective International Trade Policy

[link to pdf]
James L. Edwards

Articles

---

Reconciling State Oil and Gas Conservation Regulation with the Natural Gas Act: New Statutory Revelations

[link to pdf]
David E. Pierce

---

The Court, the Academy, and the Constituion: A Comment on Bowers v. Hardwick and its Critics

[link to pdf]
Earl M. Maltz

---

Circumventing Racism: Confronting the Problem of the Affirmative Action Ideology

[link to pdf]
Christopher T. Wonnell

---

The Effects of the Sixteenth and Seventeenth Amendments in Changing the Role of the States in the Federal System

[link to pdf]
Scott G. Crowley

Comments

---

Standing and Liability of State and Local Government Under the Civil Rico Statute

[link to pdf]
Paul A. Hoffman

---

Punitive Damages in Utah—Time for a Clear Standard

[link to pdf]
David J. Tuckfield

---

The Post-Expiration Duty to Arbitrate: Disregarding the Nolde Presumption After an Impasse in Negotiations

[link to pdf]
Brian E. Nuffer

Notes

---

Does the Tenth Amendment Pose Any Judicial Limit on the Commerce Clause After Garcia v. San Antonio Metropolitan Transit Authority and South Carolina v. Baker?

[link to pdf]
Karl M. Tilleman

---

Intergovernmental Tax Immunity Beyond South Carolina v. Baker

[link to pdf]
William D. Marsh

---

The Psychotherapist's Calamity: Emerging Trends in the Tarasoff Doctrine

[link to pdf]
Steven Craig Bednar

---

Maintaining Public Confidence in the Integrity of the Judiciary: State Bar of Nevada v. Claiborne

[link to pdf]
Mark A. Hutchison

---

Making Prior Restraint an Enforcement Tool of the Establishment Clause: Stein v. Plainwell Community Schools

[link to pdf]
Ken Jorgensen

---

Alien Membership in the Constitutional Compact: Fourth Amendment Reasonableness in Foreign Lands-United states v. Verdugo-Urquidez

[link to pdf]
Stephen L. Lundwall

---

The Effect of In re Data Access Systems Securities Litigation on the Statue of Limitations Period for Section 10(b) or Rule 10b-5 Actions Brought in Utah

[link to pdf]
Dan H. Matthews

Table of Contents

---

In Memorium: Woodruff J. Deem

[link to pdf]
Edward L. Kimball

Articles

---

Federal and State Environmental Law: A Trap for the Unwary Lender

[link to pdf]
Susan C. Gieser

---

Confidentiality of Tenure Review and Discovery of Peer Review Materials

[link to pdf]
James H. Brooks

---

The Future of the Disparate Impact Theory of Employment Discrimnation after Watson v. Fort Worth State Bank

[link to pdf]
Paul N. Cox

Comments

---

Abortion Politics: The Roman Catholic Church's Tax-Exempt Status in Jeopardy Under Section 501(c)(3) of the Internal Revenue Code

[link to pdf]
Junji John Shimazaki

---

Tax Treatment of Revocable Trusts: Are They Associations Taxable As Corporations?

[link to pdf]
James F. Brown

---

Bankruptcy Code Section 547(c)(5) and the Elusive Two-Point Net Improvement Test: New Math Meets Old Law

[link to pdf]
Steven D. Cook

---

Permitting Religious Employers to Discriminate on the Basis of Religion: Application to For-Profit Activities

[link to pdf]
Scott Klundt

---

FSLIC Claims Exclusive Jurisdiction to Adjudicate Claims Against Asset It Holds as Receiver: Is It Proper?

[link to pdf]
Dan H. Matthews

Indexs

---

Who is an Indian? Duro v. Reina's Examination of Tribal Sovereignty and Criminal Jurisdiction over Nonmember Indians

[link to pdf]
Patricia Owen

Notes

---

Extending Immunity to Private Contractors on Government Contracts: Boyle v. United Technologies Corp

[link to pdf]
James E. Ellsworth

Articles

---

Foreword

[link to pdf]
Stephen G. Wood

---

China's Reforms and Her External Relations

[link to pdf]
Arthur W. Hummel Jr.

---

Observations on the Importance of Law in China

[link to pdf]
Stephen B. Young

---

Recent Chinese Legislation Assisting Foreign Investors to Solve Their Hard Currency Problem: Import Substituion and Other Options

[link to pdf]
Jerome Alan Cohen, Stuart J. Valentine

---

Investment and Export Contracts in the People's Republic of China: Perspectives on Evolving Patterns

[link to pdf]
Stanley B. Lubman

---

An American in Beijing: Perspectives on the Rule of Law in China

[link to pdf]
Cole R. Capener

---

The Recent Liberalization of Exchange Controls and Its Legal Impact on Doing Business in Taiwan

[link to pdf]
William F. Atkin

---

A Review of the Intellectual Property Laws in Taiwan: Proposals to Curb Piracy and Counterfeitng in a Developing Country

[link to pdf]
Paul C.B. Liu, Ph.D.

Articles

---

A Constitutional and Policy-Related Evaluation of Prohibiting the Use of Certain Nonverbal Techniques in Legal Advertising

[link to pdf]
O. Lee Reed, Douglas Whitman

---

The History and Culture of Affirmative Action

[link to pdf]
Anthony J. Scanlon

---

Justice and Judges

[link to pdf]
Joseph L. Daly

---

Konizeski and the Warner Amendment: Back to Ground Zero for Atomic Litigants

[link to pdf]
Michael W. Bowers, A. Costandina Titus

Notes

---

Apportioning Contribution in Section 10(b) and Rule 10b-5 Multi-Defendant Suits: A Critique of Relative Culpabilty Shares in the Wake of Smith v. Mulvaney

[link to pdf]
Adam S. Affleck

---

Expanding on Borrowed Time: Agency Holding Corp. v. Malley-Duff & Associates

[link to pdf]
Michael H. Coons Sr.

---

Shearson/American Express v. McMahon: The Diminishing Role of Courts in Securities Disputes

[link to pdf]
Craig L. Griffin

---

General Electric Credit Corp. v. Ger-Beck Machine Co., Inc.: Section 2-608 of the U.C.C. and the Three Party Finance Lease

[link to pdf]
Lee Radford

Articles

---

Subject Matter Jurisdiction as a New Issue on Appeal: Reining in an Unruly Horse

[link to pdf]
Robert J. Martineau

---

The Federal Prisoner Collateral Attack: Requiescat in Pace

[link to pdf]
Josephine R. Potuto

---

Section 1404(a), "Where It Might Have Been Brought": Brought By Whom?

[link to pdf]
Michael J. Waggoner

Comments

---

Tax Treatment of Revocable Trusts: Are They Associations Taxable As Corporations?

[link to pdf]
James F. Brown

---

Bankruptcy Code Section 547(c)(5) and the Elusive Two-Point Net Improvement Test: New Math Meets Old Law

[link to pdf]
Steven D. Cook

---

Permitting Religious Employers to Discriminate on the Basis of Religion: Application to For-Profit Activities

[link to pdf]
Scott Klundt

---

FSLIC Claims Exclusive Jurisdiction to Adjudicate Claims Against Asset It Holds as Receiver: Is It Proper?

[link to pdf]
Dan H. Matthews

Notes

---

In re United States Catholic Conference: Considering Non-Party Rights

[link to pdf]
David P. Brooks

---

Kendrick v. Bowen: "Primary Effect" Analysis and the Adolescent Family Life Act

[link to pdf]
Gregory M. Hess

---

Board of Directors of Rotary International Rotary Club of Duarte: Redefining Associational Rights

[link to pdf]
Robert N. Johnson

---

Who is an Indian? Duro v. Reina's Examination of Tribal Sovereignty and Criminal Jurisdiction over Nonmember Indians

[link to pdf]
Patricia Owen

Articles

---

Monroe G. McKay and American Indian Law: In Honor of Judge McKay's Tenth Anniversary on the Federal Bench

[link to pdf]
Erik M. Jensen

---

Interpreting the Constitution

[link to pdf]
Michael J. Perry

Comments

---

"Drug Testing of Government Employees Should Not be a Matter of Fourth Amendment Concern" Cries a Lone Voice in a Wilderness of Opposition

[link to pdf]
Ronald W. Truman

---

The Accountant-Client Privilege: Does it and Should it Survive the Death of the Client?

[link to pdf]
Denise P. Lindberg

---

The Oil and Gas Unit Operator's Duty to Nonoperating Working Interest Owners

[link to pdf]
Henry J. Eyring

Articles

---

From Sick Chicken to Synar: The Evolution and Subsequent De-Evolution of the Seperation of Powers

[link to pdf]
Stephen L. Carter

---

Federal Powers As Used To Protect Minority Rights

[link to pdf]
Hon. Nathaniel R. Jones

---

The Incorporation Doctrine and Procedural Due Process Under the Fourteenth Amendment: An Overview

[link to pdf]
Robert L. Cord

---

Federalism: Legal Fiction and Historical Artifact?

[link to pdf]
Harold M. Hyman

---

Changing Conceptions of Administration

[link to pdf]
Cass R. Sunstein

---

Interstate Federalism

[link to pdf]
Lea Brilmayer

---

The Fourteenth Amendment and the Protection of Minority Rights

[link to pdf]
Edward J. Erler

---

The Success of the Separation of Powers and its Contemporary Failings

[link to pdf]
Jeremy Rabkin

---

Constitutional Education

[link to pdf]
Wm. Bradford Reynolds

Comments

---

State/Federal Enforcement of the Clean Air Act and Other Federal Pollution Laws: Federal Overfiling on State Enforcement Proceedings

[link to pdf]
Steven D. Cook

Notes

---

Antitrust: Business Electronics Corp. v. Sharp Electronics Corp.—A Better Rule For Vertical Restraints, But Is It Legal?

[link to pdf]
Scott G. Crowley

---

Equitable Defenses in Incontestable Trademark Infringement Actions: United States Jaycees v. Cedar Rapids Jaycees

[link to pdf]
Kenneth P. Elbert

Articles

---

Foreword

[link to pdf]
W. Cole Durham Jr.

---

The Universal and the Particular in Legal Discourse

[link to pdf]
George P. Fletcher

---

Legal Evolution and Legislation

[link to pdf]
Alan Watson

---

Regulation, Deregulation and Re-regulation: An American Perspective

[link to pdf]
Don C. Fletcher, Richard F. Holley, Stephen G. Wood

---

Direct Regulation and Its Reform: A Canadian Perspective

[link to pdf]
W.T. Stanbury

---

The Legal Framework of Japanese Industrial Policy

[link to pdf]
Mitsuo Matsushita

---

The Researcher as "Offender" and "Victim"- Comparative Observations as to Freedom and Responsibility of Science and Technology

[link to pdf]
Albin Eser

---

The Transformation of Civil Lawyers

[link to pdf]
Richard L. Abel

---

The Role of Legal Education in Defining Modern Legal Professions

[link to pdf]
David S. Clark

---

Medieval Universities, Germany and the United States: On Comparative Legal Education

[link to pdf]
Walter Otto Weyrauch

---

The Role of Law and Lawyers in Japan and the United States

[link to pdf]
Masanobu Kato

Casenotes

---

Birth of a Nation: The Republic of Palau is Recognized as a Foreign Sovereign Under the Foreign Sovereign Immunities Act of 1976—Morgan Guaranty Trust v. Republic of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986)

[link to pdf]
Mark Christian Hendricks

Comments

---

Corporate Extortion in Japan: S�kaiya Endure Commercial Code Amendment

[link to pdf]
Dean L. Rostrom

Articles

---

Jury Instructions for Civil and Criminal RICO Cases

[link to pdf]
Criminal Justice Section of the American Bar Association, Approved by: RICO Cases Committee

---

Is It Really Reform? A Theoretical Overview of the 1986 Tax Reform Act

[link to pdf]
Daniel L. Simmons

---

The Hobgoblin of the Federal Rules of Evidence: An Analysis of Rule 801(d)(1)(B), Prior Consistent Statements and a New Proposal

[link to pdf]
Edward D. Ohlbaum

Notes

---

Manufacturer Liability for Asbestos Cleanup in Public Schools Under the Comprehensive Environment Response, Compensation, and Liability Act

[link to pdf]
John M. Burke

---

The Revival of Involuntary Limited-Purpose Public Figures- Dameron v. Washington Magazine, Inc.

[link to pdf]
David L. Wallis

Articles

---

The Idea of the Job as Property in Contemporary America: The Legal and Collective Bargaining Framework

[link to pdf]
William B. Gould

---

Procedural Due Process Under Superfund

[link to pdf]
Frank B. Cross

---

The Law of Practical Location of Boundaries and the Need for an Adverse Possession Remedy

[link to pdf]
James H. Backman

---

Conflicts Between Copyright and the First Amendment After Harper & Row, Publishers v. Nation Enterprises

[link to pdf]
David E. Shipley

---

Reflections on a Landmark: Shaffer v. Heitner Viewed from a Distance

[link to pdf]
Earl M. Maltz

Book Reviews

---

Chaining or Taming?: The Constituional Allocation of War Powers (Review of: To Chain the Dog of War: The War Power of Congress in History and Law by Francis D. Wormuth and Edwin B. Firmage

[link to pdf]
Constance K. Lundberg

Notes

---

The Putative Father's Due Process Rights to Notice and a Hearing: In re Baby Boy Doe

[link to pdf]
Carl Belliston

---

Usury Implications of Alternative Mortgage Instruments: The Uncertainty in Calculating Permissible Returns

[link to pdf]
Martin S. Tanner

---

Assumption of Unexpired Leases Under Bankruptcy Code Section 365(d)(4)

[link to pdf]
Ronald W. Truman

Articles

---

Foreward

[link to pdf]
W. Cole Durham

---

Interpretation and Analogy in Criminal Law

[link to pdf]
Wolfgang Naucke

---

Is There a Rational Justification for Punishing an Accomplished Crime More Severely Than an Attempted Crime?

[link to pdf]
Bjorn Burkhardt

---

Justification and Excuse in Criminal Law: These and Comments

[link to pdf]
Winfried Hassemer

---

Problems of Justification and Excuse in the Setting of Accessorial Conduct

[link to pdf]
Hans-Ludwig Schreiber

---

The Principle of Interest Balancing as a General Basis of Justification

[link to pdf]
Theodor Lenckner

---

Imputation

[link to pdf]
Joachim Hruschka

---

The Problem of Mistake of Law

[link to pdf]
Gunther Arzt

---

The Problem of Mistake in Self-Defense

[link to pdf]
Günter Stratenwerth

---

Causing the Conditions of One's Own Defense: The Multifaced Approach of German Law

[link to pdf]
Joachim Herrmann

---

Insanity and Prevention: On Linking Culpability and Prevention in the Concept of Insanity

[link to pdf]
Karl Lackner

Comments

---

Immigration Restraints on International Adoption

[link to pdf]
Paul David Rytting

---

Soviet Divorce Laws and the Role of the Russian Family

[link to pdf]
Michael D. Berger

---

Survey of Banking Laws and Policies in Hong Kong and Singapore

[link to pdf]
Jagjit Kaur Meetook

---

Japan's New Equal Employment Opportunity Law: Real Weapon or Heirloom Sword

[link to pdf]
Jan M. Bergeson, Kaoru Yamamoto Oba

Articles

---

Religiously Based Premises and Laws Restrictive of Liberty

[link to pdf]
Kent Greenwalt

---

Taking the Free Exercise Clause Seriously

[link to pdf]
Stephen Pepper

---

The Religion Clauses: Problems and Prospects

[link to pdf]
Rex E. Lee

---

Religion and the Public Schools

[link to pdf]
James E. Wood Jr.

---

Five Views of Church-State Relations in Contemporary American Thought

[link to pdf]
Carl H. Esbeck

---

Political and Religious Disestablishment

[link to pdf]
Michael W. McConnell

Casenotes

---

Collateral Estoppel in Potentially Changing Fact Situations: Dracos v. Hellenic Lines, Ltd.

[link to pdf]
John M. Burke

---

Grand Rapids School District v. Ball: An Educational Perspective on the Evolution of Lemon

[link to pdf]
Von G. Keetch

---

Minimum Contacts in Single Contract Cases: Burger King Has Its Way

[link to pdf]
Duncan E. Barber

Comments

---

Lemon Reconstituted: Justice O'Connor's Proposed Modifications of the Lemon Test for Establishment Clause Violations

[link to pdf]
W. Scott Simpson

Articles

---

Fixed Shares in Intestate Distribution: A Comparative Analysis of Islamic and American Law

[link to pdf]
John Makdisi

---

An Insider's Perspective on the Significance of the German Criminal Theory's General System for Analyzing Criminal Acts

[link to pdf]
Professor Dr. Wolfgang Naucke

Comments

---

Philosophical Hermeneutics: Toward an Alternative View of Adjudication

[link to pdf]
James J. Hamula

Articles

---

Suits to Bind Nonsignatories to Collective Bargaining Agreements Under Section 301: the Emerging Federal Common Law

[link to pdf]
David A. Anderson

---

Legisaltive History in the Interpretation of Law: an Illustrative Case Study

[link to pdf]
Garth L. Mangum

---

Celluar Mobile Radio Telecommunications: Regulating an Emerging Industry

[link to pdf]
David M. Conners, Kenneth L. Cannon II., Philip Plamer McGuigan

Case Notes

---

Fourth Amendment Search and Seizure Requirements as Applied to Sniffing Investigations by Police Dogs: People v. Mayberry

[link to pdf]
Steven M. Bradford

---

Degree of Immunity Applicable to Senior Aides of the President of the United States in Civil Action Arising Under the Constitution: Harlow v. Fitzgerald

[link to pdf]
Lynda Cook

---

Lobbying Restrictions on Section 501(c)(3) Organizations Geld Unconstitutional: First Amendment Implications of Taxation With Representiation of Washington v. Regan

[link to pdf]
Karen B. Crockett

---

The Section 1983 Remedy and Purely Statutory Federal Rights: Ryans v. New Jersey Commission for the Blind and Visually Impaired

[link to pdf]
Peter E. Ormsby

---

Civil Antitrust Liability Based on Apparent Authority: American Society of Mechanical Engineers v. Hydrolevel Corp.

[link to pdf]
Carl W. Sonne

Comments

---

Arbitration of Representational Issues: A Critique of Carey

[link to pdf]
David G. Mangum

---

An Assessment of State and Federal Jurisdiction to Regulate Access Charges After the AT&T Divestiture

[link to pdf]
Jeffery A. Robinson

Articles

---

Justice O'Conner: A First Term Appraisal

[link to pdf]
Robert E. Riggs

---

The Amateur Sports Act of 1978

[link to pdf]
James A. R. Nafziger

---

Jurisdiction Over the Travel Industry: A Proposal to End Its Preferential Treatment

[link to pdf]
William J. Knudsen Jr.

Case Notes

---

An Inequitable Jury Istruction on the Taxibility of Personal Injury Damage Awards: Blanchfield v. Dennis

[link to pdf]
Thomas D. Boyle

---

Right to Sue Under Section 4 of the Clayton Act-The Employee Discharge for Refusal to Participate in the Anticompetitive Practices of His employer: Bichan v. Chemetron Corp. Examined in the Light of Blue Shield v. McCready

[link to pdf]
Ralph N. Bryson

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The Sale-of-Business Doctrine - Golden v. Garafalo

[link to pdf]
Cass C. Butler

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Doctor's Maximum Fee Plan Is Unlawful Per Se Under Section 1 of the Sherman Act: Arizona v. Maricopa county Medical Society

[link to pdf]
Craig L. Taylor

Comments

---

Cooperative Federalism for the Coastal Zone and the Outer Continental Shelf: A Legislative Proposal

[link to pdf]
Michele Mitchell

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Waste Disposal: The Commerce Clause and the Resource Conservation and Recovery Act of 1976

[link to pdf]
Steven J. Christiansen

Articles

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In Memorium: Terry L. Crapo 1939-1982

[link to pdf]
Dwight L. Drake, J. Clifton Fleming Jr., H. Reese Hansen, Rex E. Lee, Stanley D. Neeleman

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"State Action" Antitrust Immunity—A Doctrine in Search of Definition

[link to pdf]
James C. Burling, III, William F. Lee, James L. Quarles

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The Ebb and Flow of Antitrust Enforcement: The Reagan and Carter Administrations

[link to pdf]
Sanford M. Litvack

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Tying Arrangements—An Update

[link to pdf]
Marcus Mattson

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Standards for the Application of United States Antitrust Law in an International Environment

[link to pdf]
William F. Baxter

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The Supreme Court and Antitrust Law: Remarks on Judicial Restraint in the Context of Antitrust and Constitutional Law

[link to pdf]
Rex E. Lee

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The Antitrust Laws and the Rights of the Patentees: A Defense of Limited Compulsory Licensing

[link to pdf]
Brian W. Peckham

Case Notes

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Expanded View of Section 12(2) Liability: Junker v. Crory

[link to pdf]
Richard C. Taggart

Comments

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Federal Preemption of State Authority to Tax Non-Indian Mineral Development on Indian Lands

[link to pdf]
S. David Colton

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Artificial Insemination and the Law

[link to pdf]
Brent J. Jensen

Articles

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The "Unitary" Business in State Taxation: Confusion at the Supreme Court?

[link to pdf]
C. Douglas Floyd

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Lawyer Duties in Securities Transactions Under Rule 2(e): The Carter Opinions

[link to pdf]
David H. Barber

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For Everything There Is a Season: The Right to Die in the United States

[link to pdf]
Richard Sherlock

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Onshore and Offshore Solutions to the Nonfuel Mineral Shortage

[link to pdf]
G. Kevin Jones

Case Notes

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The Continuing Controversy over Crane's Footnote 37: Tufts v. Commissioner

[link to pdf]
S. Robert Bradley

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A Deferential Interpretation of the Complete Auto Transit Test for Determining Whether a State Tax Unconstitutionally Burdens Interstate Commerce: Commonwealth Edison Co. v. Montana

[link to pdf]
Richard L. Musick

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Dismissing Derivative Suits Under the Business Judgment Rule: Zapata Corp v. Maldonado

[link to pdf]
J. Brad Wiggins

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Standing to Challenge the Tax-Exempt Status of Racially Discriminatory Private Schools: Wright v. Regan

[link to pdf]
Jamie D. Scott

Comments

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Unscrambling the Broadcasting Status of Over-the-Air Subscription Television

[link to pdf]
Einar William Johnson

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Exclusive Original Jurisdiction of the United States Supreme Court: Does It Still Exist?

[link to pdf]
Julie Vick Stevenson

Articles

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The Bankruptcy Appellate Panels: An Unfinished Experiment

[link to pdf]
Lloyd D. George

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Accomodation of Conscientious Objection to Abortion: A Case Study of the Nursing Profession

[link to pdf]
Spencer J. Condie, W. Cole Durham Jr., Mary Anne Q. Wood

Case Notes

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Live or Let Die: Who Decides an Incompetent's Fate? In re Storar and In re Eichner

[link to pdf]
Kevin W. Bates

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Gender-Based Wage Discrimination and the Bennett Amendment: County of Washington v. Gunther

[link to pdf]
Chris Bramhall

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Second Circuit Expands Section 10(b) Liability to Security Fraud Committed in Breach of an Employee's Fiduciary Duty: United States v. Newman

[link to pdf]
Charles Lea Deem

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Utah Allows Contribution Against Cotortfeasor Despite Immunity from Direct Suit: Bishop v. Nielsen

[link to pdf]
David H. Little

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The Federal Military Retirement System Preempts State Community Property Law at Divorce: McCarty v McCarty

[link to pdf]
Samuel D. McVey

Comments

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Standing Versus Justiciability: Recent Developments in Participatory Suits Brought by Congressional Plaintiffs

[link to pdf]
David G. Mangum

Articles

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Public Land Law Reform—Reflections from Western Water Law

[link to pdf]
James H. Backman

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The Duty of Federal Courts to Apply International Law: A Polemical Analysis of the Act of State Doctrine

[link to pdf]
James H. Lengel

Case Notes

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Presidential Power and the Iranian Hostage Agreement: Dames & Moore v. Regan

[link to pdf]
Mark David Davis

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The Scope of the Judicially Implied Private Right of Action under Rule 10b-5: Shores v. Sklar

[link to pdf]
E. Douglas Clark

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Double Jeopardy and Resentencing in Bifurcated Criminal Proceedings: Bullington v. Missouri

[link to pdf]
Enid Greene

Comments

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The Use of a Rule 37(b)(2)(A) Sanction to Establish in Personam Jurisdiction

[link to pdf]
Jeffrey A. Robinson

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The Corporate Acquisitions Proposal of the ALI Subchapter C Project: Correcting Economic Inefficiencies by Election

[link to pdf]
Robert D. Crockett

Articles

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Trust Doctrines in Church Controversies

[link to pdf]
Dallin H. Oaks

Case Notes

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Reasonable Assurance of Actual Notice Required for In Personam Default Judgment in Utah: Graham v. Sawaya

[link to pdf]
Robert Charles Martin

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Revocation of Tax-Exempt Status of Religious Schools—Conflict with the Religion Clauses of the First Amendment: Bob Jones University v. United States

[link to pdf]
R. Clyde Parker Jr.

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The Merger of Comparative Fault Principle with Strict Liability in Utah: Mulherin v. Ingersoll-Rand Co.

[link to pdf]
Jeff L. Mangum

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Federal Appeals Court's State Law Ruling Entitled to Conclusive Deference: Factors Etc., Inc. v. Pro Arts, Inc.

[link to pdf]
J. Stanton Curry

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The Federal Water Pollution Control Act's Self-Reporting Requirement and the Privilege Against Self-Incrimination: Civil or Criminal Proceedings and Penalties? United States v. Ward

[link to pdf]
D. Gary Beck

Comments

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Retaliatory Discrimination Actions Under Section 11(c) of OSHA: Too Many Rights, Not Enough Protection

[link to pdf]
Kevin J. Worthen

Articles

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Introduction

[link to pdf]
Griffin B. Bell

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Warren E. Burger and the Administration of Justice

[link to pdf]
Paul C. Reardon, Edward A. Tamm

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Fifth Circuit Court of Appeals Reorganiztion Act of 1980

[link to pdf]
Robert A. Ainsworth Jr.

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Judicial Administration—The Human Factors

[link to pdf]
Howard T. Markey

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Federal Review, Finalty of State Court Decisions, and a Proposal for a National Court of Appeals—A State Judge's Solution to a Continuing Problem

[link to pdf]
James Duke Cameron

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Curbing Discovery Abuse in Civil Litigation: Enough is Enough

[link to pdf]
Warren R. King, Maurice Rosenberg

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Curbing Discovery Abuse in Civil Litigation: We're Not There Yet

[link to pdf]
Frank F. Flegal, Steven M. Umin

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The Federal Judiciary—Inflation, Malfunction, and a Proposed Course of Action

[link to pdf]
Daniel J. Meador

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Using Technology to Improve the Administration of Justice in the Federal Courts

[link to pdf]
Charles W. Nihan, Russell R. Wheeler

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The Training of Court Managers

[link to pdf]
Harvey E. Solomon

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Circuit Council Reform: A Boat Hook for Judges and Court Administrators

[link to pdf]
Michael J. Remington

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The Profession Looks at Itself—The Pound Conference of 1976

[link to pdf]
Rex E. Lee

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Colloquy on Complex Litigation

[link to pdf]
Francis R. Kirkham, Weyman I. Lundquist, Alvin B. Rubin, Jerrold E. Salzman

Articles

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Miller v. California Revisited: An Empirical Note

[link to pdf]
Robert E. Riggs

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Toward an Interstate Standard of Equal Protection of the Laws: A Speculative Essay

[link to pdf]
Jeffrey H. Bowman, Arthur S. Miller

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Doing Business on an Indian Reservation: Can the Non-Indian Enforce His Contract With the Tribe?

[link to pdf]
Richard M. Grimsrud

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A Restatement of the Intended Meaning of the Establishment Clause in Relation to Education and Religion

[link to pdf]
John Remington Graham

Case Notes

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A New Measure of Damages for Tippee-Trading Violations Under Rule 10b-5: Elkind v. Liggett & Myers, Inc.

[link to pdf]
Mark W. Hansen

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A Substance-Oriented Approach to the Boot-Netting Rules Under Section 1031 of the Internal Revenue Code: Biggs v. Commissioner

[link to pdf]
Gregory Clark Newton

---

Loss of Consortium and the Unmarried Cohabitant: Bulloch v. United States

[link to pdf]
Paul D. Ellsworth

Comments

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The Assertion of Statutory Rights Under FLSA and OSHA: Expand or Limit the Gardner-Denver Rationale

[link to pdf]
John A. Adams

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Strict Liability Versus Negligence: An Economic Analysis of the Law of Libel

[link to pdf]
Gary L. Lee

Articles

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What Role for the Law School in American Legal Education? Purposefully Restructuring the Law School Curriculum

[link to pdf]
The Honorable Malcolm Richard Wilkey

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Retaining Traditional Tort Liability in The Nonmedical Professions

[link to pdf]
Carl S. Hawkins

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Alternatives to the Tort System for the Nonmedical Professions: Can They Do the Job?

[link to pdf]
Kenneth S. Abraham

---

The Impact of the Mobil Case on Apportionment of Income

[link to pdf]
Frank M. Keesling

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Tax Apportionment of the Income of a Unitary Business: An Examination of Mobil Oil Corp. v. Commissioner of Taxes of Vermont

[link to pdf]
William D. Dexter

Book Reviews

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J. Reuben Clark: The Public Years. By Frank W. Fox

[link to pdf]
Robert E. Riggs

Case Notes

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Modification of Child Custody Predicated on Cohabitation of the Custodial Parent: Jarrett v. Jarrett

[link to pdf]
Fred D. Essig

---

The Commerce Clause and the Balancing Approach: The Delineation of Federal and State Interests: United Transportation Union v. Long Island Rail Road

[link to pdf]
Guy P. Kroesche

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A Relational Approach to Negligent Infliction of Emotional Distress: Molien v. Kaiser Foundation Hospitals

[link to pdf]
Jordan W. Clements

---

Coast Guard Nighttime Boardings and the Fourth Amendment: United States v. Piner

[link to pdf]
D. Gary Beck

Comments

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Compensating the Handicapped: An Approach to Determining the Appropriateness of Damages for Violations of Section 504

[link to pdf]
James R. Layton

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Used Products and Strict Liability: A Practical Approach to a Complex Problem

[link to pdf]
Steven J. Christiansen