Animal Law

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Is the Quest for Corporate Responsibility a Wild Goose Chase? The Story of Lovenheim v. Iroquois Brands, Ltd., Akron Law Review (2011)

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the...

 

Book Reviews

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Book Review (A.E. Stallings, Olives (2012)), Valparaiso Poetry Review (2012)
 

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Book Review (Wendy Videlock, Nevertheless (2011)), Valparaiso Poetry Review (2012)
 

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Book Review (Joshua Mehigan, The Optimist (2004)), Valparaiso Poetry Review (2005)
 

Comparative and Foreign Law

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International Legal Positivism and Legal Realism, International Legal Positivism in a Post-Modern World (2013)

This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World,...

 

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A Path Not Taken: Hans Kelsen's Pure Theory of Law in the Land of Legal Realists, Hans Kelsen Anderswo/Hans Kelsen Abroad (2010)

This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal...

 

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Plural Vision: International Law Seen Through the Varied Lenses of Domestic Implementation, Valparaiso Law Review (2010)

This essay introduces a collection of essays that have evolved from papers presented at a...

 

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Should We Read Carl Schmitt Today?, Berkeley Journal of International Law (2001)
 

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Abortion and Women's Legal Personhood in Germany: A Contribution to the Feminist Theory of the State, New York University Review of Law and Social Change (1998)

This article looks at abortion regulation in Germany in the context of the full range...

 

Constitutional Law

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A Monist Supremacy Clause and a Dualistic Supreme Court: The Status of Treaty Law as U.S. Law, Basic Concepts of Public International Law: Monism and Dualism (2013)

Hans Kelsen identified three possible relationships between the international and domestic legal orders. Dualism understands...

 

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Plural Vision: International Law Seen Through the Varied Lenses of Domestic Implementation, Valparaiso Law Review (2010)

This essay introduces a collection of essays that have evolved from papers presented at a...

 

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Book Review: HENRY J. RICHARDSON III, THE ORIGINS OF AFRICAN-AMERICAN INTERESTS IN INTERNATIONAL LAW, South African Journal of Human Rights (2009)

This short review evaluates Professor Richardson's book both as a contribution to the history of...

 

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Medellin and Originalism, Maryland Law Review (2009)

In Medellín v. Texas, the Supreme Court permitted Texas to proceed with the execution of...

 

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The Foreign Affairs Power: Does the Constitution Matter?, Temple Law Review (2007)

Peter Irons’ WAR POWERS favors congressional initiative in questions of war and peace but makes...

 

Contracts

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Langdellian Limericks, Journal of Legal Education (2011)

Christopher Columbus Langdell Used cases to teach the law well. So everyone thought, Except for...

 

Corporations

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The Business Judgment Rule, Disclosure, and Executive Compensation, Tulane Law Review (2007)

Despite its ubiquity in corporate law, the business judgment rule remains a doctrinal puzzle. Both...

 

Human Rights Law

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On the Conflation of the State Secrets Privilege and the Totten Doctrine, National Security Law Brief (2013)

The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to...

 

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Intolerable Abuses: Rendition for Torture and the State Secrets Privilege, Alabama Law Review (2012)

In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint...

 

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Introduction: Targeting in an Asymmetrical World, Valparaiso University Law Review (2012)

This is the introduction to a collection of articles to be published in the Valparaiso...

 

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Book Review: HENRY J. RICHARDSON III, THE ORIGINS OF AFRICAN-AMERICAN INTERESTS IN INTERNATIONAL LAW, South African Journal of Human Rights (2009)

This short review evaluates Professor Richardson's book both as a contribution to the history of...

 

International Law

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A Monist Supremacy Clause and a Dualistic Supreme Court: The Status of Treaty Law as U.S. Law, Basic Concepts of Public International Law: Monism and Dualism (2013)

Hans Kelsen identified three possible relationships between the international and domestic legal orders. Dualism understands...

 

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International Legal Positivism and Legal Realism, International Legal Positivism in a Post-Modern World (2013)

This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World,...

 

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On the Conflation of the State Secrets Privilege and the Totten Doctrine, National Security Law Brief (2013)

The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to...

 

PDF

Intolerable Abuses: Rendition for Torture and the State Secrets Privilege, Alabama Law Review (2012)

In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint...

 

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Introduction: Targeting in an Asymmetrical World, Valparaiso University Law Review (2012)

This is the introduction to a collection of articles to be published in the Valparaiso...

 

Jurisprudence

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International Legal Positivism and Legal Realism, International Legal Positivism in a Post-Modern World (2013)

This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World,...

 

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A Path Not Taken: Hans Kelsen's Pure Theory of Law in the Land of Legal Realists, Hans Kelsen Anderswo/Hans Kelsen Abroad (2010)

This Essay is a contribution to a volume on the influence of Hans Kelsen’s legal...

 

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Selective Affinities: On the American Reception of Hans Kelsen's Legal Theory, Fruits of Exile (2010)

Hans Kelsen (1881-1973), who lived and taught in the United States for over three decades,...

 

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Book Review: HENRY J. RICHARDSON III, THE ORIGINS OF AFRICAN-AMERICAN INTERESTS IN INTERNATIONAL LAW, South African Journal of Human Rights (2009)

This short review evaluates Professor Richardson's book both as a contribution to the history of...

 

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Medellin and Originalism, Maryland Law Review (2009)

In Medellín v. Texas, the Supreme Court permitted Texas to proceed with the execution of...

 

Legal Education

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Langdellian Limericks, Journal of Legal Education (2011)

Christopher Columbus Langdell Used cases to teach the law well. So everyone thought, Except for...

 

Legal History

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Abortion and Women's Legal Personhood in Germany: A Contribution to the Feminist Theory of the State, New York University Review of Law and Social Change (1998)

This article looks at abortion regulation in Germany in the context of the full range...

 

National Security Law

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On the Conflation of the State Secrets Privilege and the Totten Doctrine, National Security Law Brief (2013)

The state secrets privilege (SSP) has become a major hindrance to litigation that seeks to...

 

PDF

Intolerable Abuses: Rendition for Torture and the State Secrets Privilege, Alabama Law Review (2012)

In Mohamed v. Jeppesen Dataplan, Inc., the Ninth Circuit, sitting en banc, dismissed a complaint...

 

PDF

Introduction: Targeting in an Asymmetrical World, Valparaiso University Law Review (2012)

This is the introduction to a collection of articles to be published in the Valparaiso...

 

PDF

Plural Vision: International Law Seen Through the Varied Lenses of Domestic Implementation, Valparaiso Law Review (2010)

This essay introduces a collection of essays that have evolved from papers presented at a...

 

PDF

The Foreign Affairs Power: Does the Constitution Matter?, Temple Law Review (2007)

Peter Irons’ WAR POWERS favors congressional initiative in questions of war and peace but makes...

 

President/Executive Department

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The Foreign Affairs Power: Does the Constitution Matter?, Temple Law Review (2007)

Peter Irons’ WAR POWERS favors congressional initiative in questions of war and peace but makes...

 

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Our Very Privileged Executive: Why the Judiciary Can (and Should) Fix the State Secrets Privilege, Temple Law Review (2007)

This paper was first presented at the Temple Law Review Symposium on Executive Power.

In...

 

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A Truism that Isn't True? The Tenth Amendment and Executive War Power, Catholic University Law Review (2001)

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the...