Discrimination

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When is Discrimination Wrong?, Book Gallery (2008)

A law requires black bus passengers to sit in the back of the bus. The...

 

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The Expressive Dimension of Equal Protection, 85 Minnesota Law Review 1 (2000)
 

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Two Types of Discrimination: The Familiar and the Forgotten, 86 California Law Review 315 (1998)

This essay argues that current Equal Protection doctrine fails to recognize an important conceptual distinction...

 

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Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study in Insuring Battered Women, 32 Harvard Civil Rights - Civil Liberties Law Review 355 (1997)
 

Expressivism

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Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001)
 

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The Expressive Dimension of Equal Protection, 85 Minnesota Law Review 1 (2000)
 

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The Importance of Appearing Principled, 37 Arizona Law Review 1107 (1995)
 

Constitutional Law

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Money and Rights, Money, Politics and the Constitution: Beyond Citizens United (2011)

This chapter looks at when constitutionally protected rights are interpreted by courts to include a...

 

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Money and Rights, 35 New York University Review of Law & Social Change 526 (2011)

This article looks at when constitutionally protected rights are interpreted by courts to include a...

 

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Money Talks but It Isn't Speech, 95 Minnesota Law Review 953 (2011)

This Article challenges the central premise of our campaign finance law, namely that restrictions on...

 

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The Expressive Dimension of Equal Protection, 85 Minnesota Law Review 1 (2000)
 

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Two Types of Discrimination: The Familiar and the Forgotten, 86 California Law Review 315 (1998)

This essay argues that current Equal Protection doctrine fails to recognize an important conceptual distinction...

 

Bioethics

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Prosecuting Doctors for Trusting Patients, 16 George Mason Law Review 701 (2009)

In an escalating phase of our country’s war on drugs, doctors treating patients in pain...

 

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Pushing Drugs or Pushing the Envelope: the Prosecution of Doctors in Connection with Over-Prescribing of Opium-Based Drugs, 28 Philosophy & Public Policy Quarterly 7 (2008)
 

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What Makes Genetic Discrimination Exceptional?, 29 American Journal of Law & Medicine 77 (2003)
 
Evidence, Belief, and Action: The Failure of Equipoise to Resolve the Ethical Tension in the Randomized Clinical Trial, 30 Journal of Law, Medicine and Ethics 375 (2002)
 

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Of Mice but Not Men: Problems of the Randomized Clinical Trial (with Samuel Hellman), 324 New England Journal of Medicine 1585 (1991)
 

Professional Ethics

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Prosecuting Doctors for Trusting Patients, 16 George Mason Law Review 701 (2009)

In an escalating phase of our country’s war on drugs, doctors treating patients in pain...

 

PDF

Pushing Drugs or Pushing the Envelope: the Prosecution of Doctors in Connection with Over-Prescribing of Opium-Based Drugs, 28 Philosophy & Public Policy Quarterly 7 (2008)
 
Evidence, Belief, and Action: The Failure of Equipoise to Resolve the Ethical Tension in the Randomized Clinical Trial, 30 Journal of Law, Medicine and Ethics 375 (2002)
 

PDF

Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001)
 

Insurance

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Is Actuarially Fair Insurance Pricing Actually Fair? A Case Study in Insuring Battered Women, 32 Harvard Civil Rights - Civil Liberties Law Review 355 (1997)
 

Criminal Theory

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Willfully Blind for Good Reason, 3 Criminal Law and Philosophy 301 (2009)

Willful blindness is not an appropriate substitute for knowledge in crimes that require a mens...

 

Health Law

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Physicians as Researchers: Difficulties with the "Similarity Position" (with David Wasserman and Robert Wachbroit), 6 American Journal of Bioethics 57 (2006)
 

Medical Jurisprudence

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Physicians as Researchers: Difficulties with the "Similarity Position" (with David Wasserman and Robert Wachbroit), 6 American Journal of Bioethics 57 (2006)