Volume 58

Volume 58, Issue 1 (2008)

The Future of Law, Religion, and the Family

Leah Ward Sears, Foreword: The Frontiers of Law, Religion, and Marriage

Enola G. Aird, Toward a Renaissance for the African-American Family: Confronting the Lie of Black Inferiority

Stephen L. Carter, Religion, Education, and the Primacy of the Family

Don S. Browning, Modern Law and Christian Jurisprudence on Marriage and Family  

Margaret F. Brinig, Children’s Beliefs and Family Law

Jean Bethke Elshtain, “There Oughta Be a Law”—Not Necessarily

John Witte, Jr., Afterword: Exploring the Frontiers of Law, Religion, and Family Life


Alexandra B. Klass & Elizabeth J. Wilson, Climate Change and Carbon Sequestration: Assessing a Liability Regime for Long-Term Storage of Carbon Dioxide

Mark A. Lemley & Bhaven Sampat, Is the Patent Office a Rubber Stamp?  


Michael L. Eber, When the Dissent Creates the Law: Cross-Cutting Majorities and the Prediction Model of Precedent

Erin E. Patrick, Lose Weight or Lose Out: The Legality of State Medicaid Programs That Make Overweight Beneficiaries’ Receipt of Funds Contingent Upon Health Lifestyle Choices


Volume 58, Issue 2 (2008)

Science and the Law


Thomas O. McGarity, Corporate Accountability for Scientific Fraud: Ketek and the Perils of Aggressive Agency Preemption

Katherine L. Gross & Gary G. Mittelbach, What Maintains the Integrity of Science: An Essay for Nonscientists

Joni Hersch, Skin Color Discrimination and Immigrant Pay 

David E. Adelman, The Challenge of Abrupt Climate Change for U.S. Environmental Regulation

Lisa Heinzerling, Thrower Keynote Address: The Role of Science in Massachusetts v. EPA

William H. Schlesinger, An Ecologist’s Thoughts on Forests and Farms in a Cap-and-Trade System

Julie A. Seaman, Black Boxes

Erin Murphy, The Art in the Science of DNA: A Layperson’s Guide to the Subjectivity Inherent in Forensic DNA Typing


John P. Figura, You’re in the Army Now: Borrowed Servants, Dual Servants, and Torts Committed by Contractors’ Employees in the Theaters of U.S. Military Operations

Gabrielle Marie D’Adamo, Separatism in the Age of Public School Choice: A Constitutional Analysis


Volume 58, Issue 3 (2009)


Frederick Mark Gedicks, An Originalist Defense of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, and the Fifth Amendment


Jeremy Waldron, Can There Be a Democratic Jurisprudence?

Marcel Kahan & Edward Rock, How to Prevent Hard Cases from Making Bad Law: Bear Stearns, Delaware, and the Strategic Use of Comity


Margaret J. Kochuba, Public Health vs. Patient Rights: Reconciling Informed Consent with HPV Vaccination

Sean Jessee, Fulfilling the Promise of the Medicaid Act: Why the Equal Access Clause Creates Privately Enforceable Rights


Volume 58, Issue 4 (2009)


Jonathan Remy Nash, The Majority That Wasn’t: Stare Decisis, Majority Rule, and the Mischief of Quorum Requirements 

Peter Lee, Contracting to Preserve Open Science: Consideration-Based Regulation in Patent Law


Jennifer E. Fairbairn, Keeping Grable Slim: Federal Question Jurisdiction and the Centrality Test

Michael P. Jungman, You’ve Got Libel: How the CAN-SPAM Act Delivers Defamation Liability to Spam-Fighters and Why the First Amendment Should Delete the Problem


Volume 58, Issue 5 (2009)


Ralph Richard Banks & Richard Thompson Ford, (How) Does Unconscious Bias Matter? Law, Politics, and Racial Inequality

Perry Dane, A Holy Secular Institution

Craig Green, An Intellectual History of Judicial Activism


Lynsey Morris Barron, Right to Counsel Denied: Corporate Criminal Prosecutions, Attorney Fee Agreements, and the Sixth Amendment

Robert K. Clagg Jr., An "Easily Side-Stepped" and "Largely Hortatory" Gesture?: Examining the 2005 Amendment to Section 271 of the DGCL


Volume 58, Issue 6 (2009)


Brian Galle & Joseph Leahy, Laboratories of Democracy? Policy Innovation in Decentralized Governments

Joshua Fairfield, The Cost of Consent: Optimal Standardization in the Law of Contract


Puja Vadodaria, For Never Was There a Story of More Woe, Than This of the Defrauded Plaintiff and Her Insolvent Primary Actor: Why Scheme Liability Should Run to Gatekeepers After Stoneridge

Jared S. Welsh, Pay What You Like—No, Really: Why Copyright Law Should Make Digital Music Free for Noncommercial Uses