Content Posted in 2024
Aborted Confidentiality, Stacey A. Tovino
About Outing: Public Discourse, Private Lives, Katheleen Guzman
A Citizenship Market, Kit Johnson
A "Common" Proposal, Stacey A. Tovino
A Cost-Benefit Analysis of the Federal Prosecution of Immigration Crimes, Kit Johnson
Active Judging and Access to Justice, Anna Carpenter
Ad Coelum and the Design of Property Rights, Joseph Schremmer
A Failure of Substance and a Failure of Process: The Circular Odyssey of Oklahoma's Corporate Law Amendments in 2010, 2012, and 2013, Steven Cleveland
A Few Criminal Justice Big Data Rules, Stephen E. Henderson
A Fine Mess: The NCAA, the Collegiate Model, and the Post-Alston World, Josephine (Jo) R. Potuto
After Affirmative Action: Contextual Admissions and the Future of African American Law School Enrollment, Nathan L. Bennett Fleming
After United States v. Jones, After the Fourth Amendment Third Party Doctrine, Stephen E. Henderson
Agencies and Science-Experiment Risk, Eric E. Johnson
A License to Infringe: The Tenth Circuit's Reliance on the Reasonable Observer Test to Determine Symbolic Speech Protection of License Plates, Hayley Stillwell
All Illnesses are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
Altered Stakes: Reimagining the Amount-in-Controversy Requirement, Steven Gensler and Roger Michalski
American Midwifery Litigation and State Legislative Preferences for Physician-Controlled Childbirth, Stacey A. Tovino
An Economic and Behavioral Analysis of Investment Bankers When Delivering Fairness Opinions, Steven Cleveland
An Environmental Conversation, William Murray Tabb
A New Approach to Attorney Regulation, Jon J. Lee
An Immigration Solution for Improving Rural Healthcare, Kit Johnson
An Intellectual Property Fix for Platform Salesjacking, Eric E. Johnson
A No-Fault Remedy for Legal Malpractice?, Melissa Mortazavi
A Note on Navajo Nation v. Urban Outfitters, Inc., Brantly J. Stockton
An Update on Gambling Disorder, Neuroscience, and the Law, Stacey A. Tovino
A Populist Manifesto for Learning the Law, Eric E. Johnson
Appraisal Rights and "Fair Value", Steven Cleveland
A Primer on the Law and Ethics of Treatment, Research, and Public Policy in the Context of Severe Traumatic Brain Injury, Stacey A. Tovino
A Proposal for Comprehensive and Specific Essential Mental Health and Substance Use Disorder Benefits, Stacey A. Tovino
A Right to Care, Stacey A. Tovino
A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson
Artificial Intelligence and Role-Reversible Judgment, Kiel Brennan-Marquez and Stephen E. Henderson
Assessing the Viability of Race-Neutral Alternatives in Law School Admissions, Eboni Nelson, Ronald Pitner, and Carla Pratt
Assumed Compliance, Stacey A. Tovino
Asymmetries, Norm Matching, and the Pursuit of Equity between the Police and the Public, Eang Ngov
At a COVID Crossroads : Public Health, Patient Privacy, and Health Information Confidentiality, Stacey A. Tovino
A Tale of Four Decades: Lessons from USPTO Trademark Prosecution Data, Deborah Gerhardt and Jon J. Lee
A Timely Right to Privacy, Stacey A. Tovino
A Tres C Approach: Three Steps to Oil and Gas Lease Termination, Lucia Kezele
A Unifying Doctrine of Subsurface Property Rights, Joseph Schremmer
Avoidable "Fraccident": An Argument Against Strict Liability for Hydraulic Fracturing, Joseph Schremmer
A Wolf in Sheep’s Attire: How Consent Enfeebles Our Fourth Amendment, Stephen E. Henderson and Guha Krishnamurthi
Balancing Efficiency and Authority: The Proper Role of Magistrate Judges in Section 1782 Applications for International Discovery, Sophia Silvernail
Balancing on the Knife’s Edge: Subject Matter Jurisdiction in Climate Tort Litigation, Alli Niemiec
Bank Control of Title Insurance: Perils to the Public That Bank Regulators Have Ignored, Joyce Palomar
Beauty and the Beast: Disney's Use of the Q and H-1B Visas, Kit Johnson
Behind Bartkus: A Flamboyant Lawyer, a Vindictive Judge, and the Untold Story of Double Jeopardy’s Dual Sovereignty, Stephen E. Henderson and Dean Strang
Beyond the (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, and the Rest of Us Too, Stephen E. Henderson
Beyond the Narrow Harvard Model of Legal Education: Restoring Legal Education According to the Proposals of Valentin Tomberg, Brian McCall
Bifurcation Unbound, Steven S. Gensler
Blind Spot: The Inadequacy of Neutral Partisanship, Melissa Mortazavi
Brazil’s Local Content Requirements: Evolution, Lessons Learned & International Trade Limitations, Eduardo G. Pereira, Aaron Koenck, William A. Clavijo Vitto, Fernanda Delgado, João Victor Correia Lopes, and Ana Carolina Marins De Carvalho
Breaking the Boilerplate Habit in Civil Discovery, Steven S. Gensler and Lee Rosenthal
Bull’s-Eye View of Cooperation in Discovery, Steven S. Gensler
Buying the American Dream: Using Immigration Law to Bolster the Housing Market, Kit Johnson
Calibrating Patent Lifetimes, Eric E. Johnson
Can a Little Representation Be a Dangerous Thing?, Colleen Shanahan, Anna Carpenter, and Alyx Mark
Can a Pluralistic Commonwealth Endure?, Brian McCall
Carpenter v. United States and the Fourth Amendment: The Best Way Forward, Stephen E. Henderson
Carrie-Ing On: Advancing Justice for Disabled Parents After Colorado’s Carrie Ann Lucas Parental Rights for People with Disabilities Act, Sarah M. Morris
Catching Unfitness, Jon J. Lee
Chae Chan Ping at 125: An Introduction, Kit Johnson
Change We Can't Believe In ... Or Afford: Why the Timing is Wrong to Reduce the Estate Tax on the Wealthiest Americans, Phyllis C. Taite
Character Assassination: Amending Federal Rule of Evidence 404(b) to Protect Criminal Defendants, Daniel J. Capra and Liesa L. Richter
Chronic Conditions and Reproduction in a Post-Dobbs World, Allison M. Whelan
Civil Procedure: Class Certification and the Predominance Requirement under Oklahoma Section 2023(B)(3), Steven S. Gensler
Clothes for the Emperor, Katheleen Guzman
Code of Silence, Melissa Mortazavi
Compensation at the Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, Tracy Hresko Pearl
Competing Policies in Bankruptcy: The Governmental Exception to the Automatic Stay, William Murray Tabb
Complying with the HIPAA Privacy Rule: Problems and Perspectives, Stacey A. Tovino
Confidentiality over Privacy, Stacey A. Tovino
Conflicts and Confluences between Surface and Mineral Estates with CCUS, Joseph Schremmer
Conflicts of Interest in Medicine, Research, and Law: A Comparison, Stacey A. Tovino
Constitutional Confessions: In Favor of a "Loewy Plus' Approach, Tracy Hresko Pearl
Constitutionally Excluded Confessions: Applying America's Lessons to a Democratic Iraq, Joseph T. Thai
Consulting the Architect when Problems Arise – The Divine Law, Brian McCall
Contributions Legal Scholars Can Make to Development Economics: Examples from China, Joyce Palomar
Convergence & Conflict : Reflections on Global and Regional Human Rights Standards on Hate Speech, Evelyn Aswad and David Kaye
Copyright in AI Training Data: A Human-Centered Approach, David W. Opderbeck
Corporate Resiliency and Relevancy in the Private Ordering Era, Megan Wischmeier Shaner
COVID-19 and the HIPAA Privacy Rule: Asked and Answered, Stacey A. Tovino
COVID-19, Telehealth, and Substance Use Disorders, Stacey A. Tovino
COVID, Crisis, and Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, and Anna Carpenter
Crisis in the Oil and Gas Industry: Custody of Orphan Wells, Katie Plas
Crowd Crush: How the Law Leaves American Crowds Unprotected, Tracy Hresko Pearl
Crowdsourced Coursebooks, Stephen E. Henderson and Joseph Thai
Curing Terry’s Colorblindness, Ilan Friedmann-Grunstein
Current Issues in Native American Law, Martha Vazquez, Taiawagi Helton, Paul Frye, Gloria Valencia-Weber, Samuel Winder, and John Echohawk
Cyberflashing: Exposing Oklahoma’s Legal Loophole, Sara Wray
Daredevil: Legal (and Moral?) Vigilante, Stephen E. Henderson
Decision and Persuasion: Re-Conceiving the Role of the Planner Where Undue Influence is Suspected, James Milton and Katheleen Guzman
Decorating the Structure: The Art of Making Human Law, Brian McCall
Defending Dependent Disclaimers, Katheleen Guzman
Democracy on a Shoestring, Joshua Sellers and Roger Michalski
Demystifying Unconscionability: An Historical and Empirical Analysis, Brian McCall
Dependent Disclaimers, Katheleen Guzman
Discrimination and Barriers: Abortion Access for Disabled Individuals After Dobbs, Jennifer L. Brinkley
Disentangling the Right of Publicity, Eric E. Johnson
Disparities in Private Health Insurance Coverage of Skilled Care, Stacey A. Tovino
Distilling the Language of the Law, Stacey A. Tovino
Diversity Class Actions, Common Relief, and the Rule of Individual Valuation, Steven S. Gensler
Diversity Disclosures: Unconstitutionally Compelled Speech by the SEC, Steven Cleveland
Does the Reasonable Woman Exist and Does She Have Any Place in Hostile Environment Sexual Harrassment Claims Under Title VII After Harris (Student Note), Liesa L. Richter
Don't Just Do Something!: E-hearsay, the Present Sense Impression, and the Case for Caution in the Rulemaking Process, Liesa L. Richter
Do Trademark Lawyers Matter?, Deborah Gerhardt and Jon J. Lee
Double Jeopardy’s Dual Sovereignty: A Tragic (and Implausible) Lack of Humility, Stephen E. Henderson and Dean Strang
Double Standards: An Empirical Study of Patent and Trademark Discipline, Jon J. Lee
Driving Misjoinder: The Improper Party Problem in Removal Jurisdiction, Steven S. Gensler and Laura Hines
Dying Fast: Suicide in Individuals with Gambling Disorder, Stacey A. Tovino
East Asian Energy Transition: Opportunities, Challenge, and the Paris Agreement, Kody Hicks
Ed Cooper, Rule 56, and Charles E. Clark's Fountain of Youth, Steven S. Gensler
Editor's Introduction & Front Pages, Kelsey Lauerman
Editor's Introduction & Front Pages, Kelsey Lauerman
Editor's Introduction & Front Pages, Alexandra Jury
Employee Innocence and the Privileges of Power: Reappraisal of Implied Contract Rights, William Murray Tabb
Environmental Impact Assessment in the European Community: Shaping International Norms, William Murray Tabb
Essay: What Price Paternity, Katheleen Guzman
Ethics by Appointment: An Empirical Account of Obscured Sanctioning in MDL Cases, Roger Michalski
Evidentiary Irony and the Incomplete Rule of Completeness: A Proposal to Amend Federal Rule of Evidence 106, Daniel J. Capra and Liesa L. Richter
Expectations of Privacy in Social Media, Stephen E. Henderson
Expedited Trial Programs in Federal Court: Why Won't Attorneys Get on the Fast Track?, Steven S. Gensler and Jason Cantone
Exploding Wealth Inequalities: Does Tax Policy Promote Social Justice or Social Injustice, Phyllis C. Taite
Exploring the Foundations of Dworkin's Empire: The Discovery of an Underground Positivist, Brian McCall
“Facet” or “Facets” of Executive Privilege in Oklahoma? Vandelay’s Unclear Outcome, Nick Candido
Far From the Madding Crowd: A Statutory Response to Crowd Crush, Tracy Hresko Pearl
Fast & Furious: The Misregulation of Driverless Cars, Tracy Hresko Pearl
Federal (De)Funding of Local Police, Roger Michalski and Stephen Rushin
Fifty Years Later: Miranda & the Police, Tracy Hresko Pearl
Finding Another Way: The NCAA’s Regulation of NIL and Recruiting, Alfred C. Yen
Florida Law, Mobile Research Applications, and the Right to Privacy, Stacey A. Tovino
Following Fisher: Narrowly Tailoring Affirmative Action, Eang Ngov
Food, Fracking, and Folly, Melissa Mortazavi
Foreword: Rewriting the Script, Robyn M. Powell
Fountains of Living Waters: How Early Mormon Irrigation Innovated the Legal Landscape of the West, Ellen (Melton) Carr
Fourth Amendment Anxiety, Kiel Brennan-Marquez and Stephen E. Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Four Years After Duke: Where Do We Stand on Calibrating the Pretrial Process?, Steven S. Gensler and Lee Rosenthal
Fractional Sovereignty, Roger Michalski
Fraud, Abuse, and Opioids, Stacey A. Tovino
Freedom of Disposition v. Duty of Support: What's a Child Worth?, Phyllis C. Taite
Functional Neuroimaging and the Law: Trends and Directions for Future Scholarship, Stacey A. Tovino
Functional Neuroimaging Information: A Case for Neuro Exceptionalism, Stacey A. Tovino
Further Support for Mental Health Parity Law and Mandatory Mental Health and Substance Use Disorder Benefits, Stacey A. Tovino
Gambling Disorder, Vulnerability, and the Law: Mapping the Field, Stacey A. Tovino
Getting Past Possession: Subsurface Property Disputes as Nuisances, Joseph Schremmer
Give or Take an Acre: Property Norms and the Indian Land Consolidation Act, Katheleen Guzman
Giving Thanks: The Ethics of Grateful Patient Fundraising, Stacey A. Tovino
Going Rogue: Mobile Research Applications and the Right to Privacy, Stacey A. Tovino
Goldilocks and the Rule 803 Hearsay Exceptions, Liesa L. Richter
Gone Too Far: Federal Regulation of Health Care Attorneys, Stacey A. Tovino
Green Colonialism: Sidelined While on the Front Lines, M. Alexander Pearl
Growing Tensions: Consumer Privacy and Corporate Disclosures, Megan Wischmeier Shaner
Hands off the Wheel: The Role of Law in the Coming Extinction of Human-Driven Cars, Tracy Hresko Pearl
Hands on the Wheel: A Call for Greater Regulation of Semi-Autonomous Cars, Tracy Hresko Pearl
Health Privacy, Security, and Information Management (in Laws of Medicine: Core Legal Aspects for the Healthcare Professional), Stacey A. Tovino
Holding All the Cards: The Role of the Oklahoma Family Wealth Preservation Trust Act in the Game of Domestic Asset Protection, T. Grace Hall
Hospital Chaplaincy under the HIPAA Privacy Rule: Health Care or Just Visiting the Sick, Stacey A. Tovino
How "Bad Law, Bad Economics and Bad Policy" Positively Shaped Corporate Behavior, Megan Wischmeier Shaner
How El Salvador Has Changed U.S. Law by a Bit: The Consequences for the UCC of Bitcoin Becoming Legal Tender, Brian McCall
How Much Fuel to Add to the Fire of Genius? Some Questions About the Repair/Reconstruction Distinction in Patent Law, Arthur J. Gajarsa, Evelyn Aswad, and Joseph S. Cianfrani
How to be an Authentic Indian, M. Alexander Pearl
How to Sue a Robot, Roger Michalski
How to Survive the Culture Wars: Conflict of Laws Post-Dobbs, Roger Michalski
Human Rights, Indigenous Peoples, and the Global Climate Crisis, M. Alexander Pearl
If It Ain’t Broke: Considering Legislatively Mandated Formula Rate Plans for Oklahoma’s Electric Utilities, Meredith Gunner
Imaging Body Structure and Mapping Brain Function: A Historical Approach, Stacey A. Tovino
Immigration Preemption After United States v. Arizona, Kit Johnson and Peter Spiro
Importing the Flawless Girl, Kit Johnson
Imputing Regulatory Failures in Oil and Gas Licensing: A Discussion and Proposal, Joseph Schremmer
In a World of "Fake News," What's a Social Media Platform to Do?, Evelyn Aswad
In Celebration of Dissents (And Lengthy Textbooks): How Digital Became Different for the Fourth Amendment And Why It Is Time for a Real Warrant Default, Stephen E. Henderson
Incivility as Identity, Melissa Mortazavi
Incorporating Literature into a Health Law Curriculum, Stacey A. Tovino
Indian Reserved Water Rights in the Dual System State of Oklahoma, Taiawagi Helton
Indigenizing Equality, M. Alexander Pearl and Kyle Velte
I Need a Doctor: A Critique of Medicare Financing of Graduate Medical Education, Stacey A. Tovino
Inequality by Unnatural Selection: The Impact of Tax Code Bias on the Racial Wealth Gap, Phyllis C. Taite
Institutional Independence: Lawyers and the Administrative State, Melissa Mortazavi
Intellectual Property and the Incentive Fallacy, Eric E. Johnson
Intellectual Property's Need for a Disability Perspective, Eric E. Johnson
Intents and Purposes, Katheleen Guzman
Interpolation, Litigation, and Copyright Confusion: How the Music Industry’s Influence Is Hindering Creativity, Hannah Edmondson
Interpreting Organizational "Contracts" and the Private Ordering of Public Company Governance, Megan Wischmeier Shaner
In the Wake of Hopwood: An Update on Affirmative Action in the Education Arena, Carla Pratt
Intimate Relationships and Supported Decision Making, Leslie Francis
Introduction: Under the Knife: Health Law, Health Care Reform, and Beyond, Stacey A. Tovino
Is Barrios the Death Knell of Bosh Claims? The Sovereign Immunity Battle between the Oklahoma Supreme Court and Legislature over Constitutional Torts, Hayley Stillwell
It's Just Secured Credit: The Natural Law Case in Defense of Some Forms of Secured Credit, Brian McCall
It’s Not Easy Going Green: An Analysis of the Greenwashing Phenomenon and Its Place in Federal Court Through the Case of Mass. v. ExxonMobil Corp., Kelsey Lauerman
Join with Me, Won't You? Civic Engagement, COVID-19, and the Millennial Generation of Law Professors, Joseph Schremmer
Judges and the Deregulation of the Lawyer's Monopoly, Jessica Steinberg, Anna Carpenter, Colleen Shanahan, and Alyx Mark
Judges in Lawyerless Courts, Anna Carpenter, Colleen Shanahan, Jessica Steinberg, and Alyx Mark
Judging Identity, Carla Pratt
Judging Identity, Carla Pratt
Judicial Case Management: Caught in the Crossfire, Steven S. Gensler
Judicial Discretion and Statutory Interpretation, Steven Cleveland
Judicial Nullification of Juries: Use of Acquitted Conduct at Sentencing, Eang Ngov
Justness! Speed! Inexpense! An Introduction to The Revolution of 1938 Revisited: The Role and Future of the Federal Rules, Steven S. Gensler
Known Unknowns: Unmeasurable Hazards and the Limits of Risk Regulation, Timothy D. Lytton
Kuntz, A Treatise on the Law of Oil and Gas, Eugene Kuntz, Owen Anderson, John Lowe, David Pierce, Ernest Smith, and Joseph Schremmer
Land Tenure Security as a Market Stimulator in China, Joyce Palomar
Lawful Work While Undocumented: Business Entity Solutions, Kit Johnson
Lawmakers and Economic Othering, Edward W. De Barbieri
LAWn Signs: A Fourth Amendment for Constitutional Curmudgeons, Andrew Ferguson and Stephen E. Henderson
Law School Clinic and Community Legal Services Providers Collaborate to Advance the Remedy of Implied Warranty of Habitability in Missouri, Karen Tokarz and Zachary Schmook
Lawyerless Law Development, Colleen Shanahan, Jessica Steinberg, Alyx Mark, and Anna Carpenter
Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize to Save the Legal Profession, Melissa Mortazavi
Lawyers, Power, and Strategic Expertise, Colleen Shanahan, Anna Carpenter, and Alyx Mark
Leadership Evolution: The Rise of Lawyers in the C-Suite, Garry Jenkins and Jon J. Lee
Learning From All Fifty States: How to Apply the Fourth Amendment and Its State Analogs to Protect Third Party Information From Unreasonable Search, Stephen E. Henderson
Learning from Our History: Evaluating the Modern Housing Finance Market in Light of Ancient Principles of Justice, Brian McCall
Legal Lessons From a Very Fast Problem: COVID-19, Eric E. Johnson and Theodore Bailey
Long Live the Federal Rules of Evidence!, Daniel J. Capra and Liesa L. Richter
Losing the Freedom to be Human, Evelyn Aswad
Lost in the Shuffle: How Health and Disability Laws Hurt Disordered Gamblers, Stacey A. Tovino
Lost in Translation: The Best Evidence Rule and Foreign-Language Recordings in Federal Court, Liesa L. Richter
Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty through Sexual Assimilation, Carla Pratt
Lying by Emission: Why Agencies Should Be Required to Disclose the Upstream and Downstream Environmental Impacts of Their Projects, Reese Charles
Making Horses Drink: Conceptual Change Theory and Federal Rule of Evidence 502, Liesa L. Richter
Making Tax Policy Great Again: America, You've Been Trumped, Phyllis C. Taite
Malicious Prosecution as Undue Process: A Fourteenth Amendment Theory of Malicious Prosecution, Timothy Tymkovich and Hayley Stillwell
Managing Summary Judgment, Steven S. Gensler and Lee Rosenthal
Mapping the Civil Justice Gap in Federal Court, Roger Michalski and Andrew Hammond
Market Failure and Censorship in the Marketplace of Ideas, John P. Anderson and Jeremy Kidd
May the Odds Be Ever in Your Favor: How the Tax Cuts and Jobs Act Fortified the Great Wealth Divide, Phyllis C. Taite
MDL Immunity: Lessons from the National Prescription Opiate Litigation, Roger Michalski
Measuring Law School Clinics, Colleen Shanahan, Jeffrey Selbin, Alyx Mark, and Anna Carpenter
Measuring the Quality of Judging: It All Adds Up to One, Steven S. Gensler and Lee Rosenthal
More Than Friends: A New Theory for the Third-Party Doctrine, Eang Ngov
Mothers with Disabilities in the Workplace Post-Pandemic & Post-Dobbs, Nicole Buonocore Porter
‘Move On’ Orders as Fourth Amendment Seizures, Stephen E. Henderson
Must, Should, Shall, Steven S. Gensler
Name, Image, and Likeness Deals and Immigration Consequences for International Student-Athletes, Eric E. Johnson and Kit Johnson
Name, Image, and Likeness Deals and Immigration Consequences for International Student-Athletes, Eric E. Johnson and Kit Johnson
Name, Image, and Likeness Rights in College Sports: Evaluating Year One of Much Overdue Reforms, Marc Edelman
Nation Building in Indian Country: The Blackfoot Constitutional Revision, Taiawagi Helton
NCAA v. Board Of Regents 2.0: Potential Antitrust Law Claims Arising from the NCAA’s Regulation of College Athletes’ NIL, Alicia Jessop, Esq.
Neuroimaging Research into Disorders of Consciousness: Moral Imperative or Ethical and Legal Failure, Stacey A. Tovino
Neuroscience and Health Law: An Integrative Approach?, Stacey A. Tovino
NIL: The Title IV Financial Aid Enigma, Kathryn Kisska-Schulze
No Girls Allowed: How Sexual Harassment and Gender Discrimination Keep Women Out of Oil Fields, Alyssa Biasatti
Non-Human Stakeholders: Testing the Boundaries of Stakeholder Theory, Justin Blount and Michael Conklin
Nothing New Under the Sun? A Technologically Rational Doctrine of Fourth Amendment Search, Stephen E. Henderson
Not So Private, Stacey A. Tovino
Officer Accountability, Megan Wischmeier Shaner
Of Mice and Men: On the Seclusion of Immigration Detainees and Hospital Patients, Stacey A. Tovino
Of "Texans" and "Custers": Maximizing Welfare and Efficiency Through Informal Norms, M. Alexander Pearl
Oklahoma v. Castro-Huerta: Oklahoma’s Latest Power Grab and Its Implications for Native Women in a Post-Roe World, Camryn A. Conroy
On Florida Law, Language, and Alcohol Use Disorder, Stacey A. Tovino
On Health, Law, and Religion, Stacey A. Tovino
On the Basis of Pink: Finding a Balanced Approach to Addressing Gender-Based Price Discrimination on a National Level, Emily L. Brown
On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, Tracy Hresko Pearl
Opportunities & Anxieties: A Study of International Students in the Trump Era, Kit Johnson
Originalism and Indians, M. Alexander Pearl
Our Records Panopticon and the American Bar Association Standards for Criminal Justice, Stephen E. Henderson
Owning Colors, Deborah Gerhardt and Jon J. Lee
Paint Chip Indians, M. Alexander Pearl
Painting a Clearer Picture: Introducing New Federal Rule of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra and Liesa L. Richter
Panel 4: Translational Expectations and Issues: Making it Work in Practice, Stacey A. Tovino
Patients Without Borders: Extralegal Deportation by Hospitals, Kit Johnson
Pereira v. Sessions: A Jurisdictional Surprise for Immigration Courts, Kit Johnson
PFAS, Planes, and Problems: PFAS Regulation in the Aerospace and Aviation Industries, Emery G. Green
Pleading and Proving Foreign Law in the Age of Plausibility Pleading, Roger Michalski
Poetry in Motion: The Federal Rules of Evidence and Forward Progress as an Imperative, Daniel J. Capra and Liesa L. Richter
Police Executive Opinions of Legal Regulation, Roger Michalski and Stephen Rushin
Police Funding, Stephen Rushin and Roger Michalski
Police Ignorance and Mistake of Law under the Fourth Amendment, Eang Ngov
Politicians as Fiduciaries: Public Law v. Private Law When Altering the Date of an Election, Steven Cleveland
Pore Space Property, Joseph Schremmer
Posnerian Hearsay: Slaying the Discretion Dragon, Liesa L. Richter
Prejudice, Confusion, and the Bifurcated Civil Jury Trial: Lessons from Tennessee, Steven S. Gensler
Preventing Poor Pore Policy: A Call for Interstate Cooperation, Madison Taylor
Prioritizing Oklahoma Mothers: Recommending Rehabilitation and Recovery Rather than Punishment for Pregnancy, Alex B. Cox
Privacy for Student-Patients: A Call to Action, Stacey A. Tovino
Private Enforcement of the Kansas Wage Payment Act, Joseph Schremmer
Privately Ordered Fiduciaries, Megan Wischmeier Shaner
Private Sanctions, Public Harm?, Jon J. Lee
Process Innovation in the Production of Corporate Law, Steven Cleveland
Propaganda for War & International Human Rights Standards, Evelyn Aswad
Property, Progeny, Body Part: Assisted Reproduction and the Transfer of Wealth, Katheleen Guzman
Protecting Individuals from "Double Jeopardy" in a Post-Hudson Era, Megan Wischmeier Shaner
Psychiatric Restraint and Seclusion: Resisting Legislative Solution, Stacey A. Tovino
Qualitative Diversity: Affirmative Action's New Reframe, Eang Ngov
Racism and Trademark Abandonment, Jon J. Lee
Radical Reformation: Diverse Pathways to Attorney Licensure Will Yield a More Diverse Profession, Carla Pratt
Reality Check: A Modest Modification to Rationalize Rule 803 Hearsay Exceptions, Liesa L. Richter
Real-time and Historic Location Surveillance After United States v. Jones: An Administrable, Mildly Mosaic Approach, Stephen E. Henderson
Reconsidering the Application of Laches in Environmental Litigation, William Murray Tabb
Re/Descheduling Marijuana Through Administrative Action, Scott Bloomberg, Alexandra Harriman, and Shane Pennington
(Re-)Drill, Baby, Drill! Why Congress and BLM Should Encourage Geothermal Via Old Oil Wells, Jason W. Kersey
Redskins: The Property Right to Racism, M. Alexander Pearl
Reflections on Diversity, William Murray Tabb
Reforming State Mental Health Parity Law, Stacey A. Tovino
Reforming the Grand Jury to Protect Privacy in Third Party Records, Andrew Taslitz and Stephen E. Henderson
Regulating Drones under the First and Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, and Joseph Thai
Releasing the Expectancy, Katheleen Guzman
Remarks at the Eugene Kuntz Award Reception, Eric King
Remarks: Neuroscience, Gender, and the Law, Stacey A. Tovino
Remarks on Patient Privacy: Problems, Perspectives, and Opportunities, Stacey A. Tovino
Remediating Injustices for Black Land Loss: Taking the Next Step to Protect Heirs' Property, Phyllis C. Taite
Removing the Stain Without Undermining Military Awards: Revoking Medals Earned at Wounded Knee Creek in 1890, Dwight S. Mears
Reproductive Federalism & Disabled Citizenship, Heather A. Swadley
Restoring the Balance of Power in Corporate Management: Enforcing an Officer's Duty of Obedience, Megan Wischmeier Shaner
Resurrecting Court Deference to the Securities and Exchange Commission: Definition of "Security", Steven Cleveland
Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban and Trading on Inside Information, Steven Cleveland
Rethinking Sharing Licenses for the Entertainment Media, Eric E. Johnson
Revisiting Omnicare: What Does Its Status 10 Years Later Tell Us?, Megan Wischmeier Shaner
Rights Come with Responsibilities: Personal Jurisdiction and Corporate Personhood, Roger Michalski
Rising Up Without Pushing Down: Lessons Learned from the Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson
Risky Business: Shining a Light with Corporate Climate-Related Disclosures in an Age of Agency Skepticism, Brie Strickland Miller
Role-Reversibility, AI, and Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson and Kiel Brennan-Marquez
Rulemaking Ex Machina, Melissa Mortazavi
Safeguarding the Proprierty of the Judiciary, Jon J. Lee
Safe Harbor for Officer Reliance: Comparing the Approaches of the Model Act and Delaware’s General Corporation Law, R. Franklin Balotti and Megan Wischmeier Shaner
Saving the Farm or Giving Away the Farm: A Critical Analysis of the Capital Gains Tax Preferences, Phyllis C. Taite
School Health Services for Handicapped Children: The Door Opens No Further, Joyce Palomar
Scientific Understandings of Postpartum Illness: Improving Health Law and Policy?, Stacey A. Tovino
Search and Seizure Budgets, Kiel Brennan-Marquez and Stephen E. Henderson
Search, Seizure, and Immunity: Second-Order Normative Authority and Rights, Stephen E. Henderson and Kelly Sorensen
Seeing Those We’ve Rendered Invisible – A Clarion Call for Criminal Justice, Stephen E. Henderson and Jordan Thomas
Seeking Consistency for Prior Consistent Statements: Amending Federal Rule of Evidence 801(d)(1)(B), Liesa L. Richter
Selling Land and Religion, Eang Ngov
Set Up to Fail: Disabled Parents in the Family Regulation System, Sarah H. Lorr
Shadow Dockets Lite, Hayley Stillwell
Sharpening the Blunt Blue Pencil: Renewing the Reasons for Covenants Not to Compete in North Carolina, Jon J. Lee and Kimberly Burke
Should Klansmen be Lawyers? Racism as an Ethical Barrier to the Legal Profession, Carla Pratt
Should Robots Prosecute and Defend?, Stephen E. Henderson
Silence is Golden ... Except in Health Care Philanthropy, Stacey A. Tovino
Simplified Courts Can't Solve Inequality, Colleen Shanahan and Anna Carpenter
Sisters in Law: Black Women Lawyers' Struggle for Advancement, Carla Pratt
Smart Grids as Regulators: A Critical Assessment, Jesse Valente
Some Thoughts on the Lawyer’s E-volving Duties in Discovery, Steven S. Gensler
Sounds Marks, Deborah Gerhardt and Jon J. Lee
So You Want to Build a Building: Some Helpful Hints for Those Deans Who May Develop an "Edifice Complex", Andrew Coats
Special Rules for Social Media Discovery?, Steven S. Gensler
State Benchmark Plan Coverage of Opioid Use Disorder Treatments and Services: Trends and Limitations, Stacey A. Tovino
Stigma in the Statute: When the Language of the Law Injures, Stacey A. Tovino
Studying the "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, and Alyx Mark
Substance Use Disorder Insurance Benefits: A Survey of State Benchmark Plans, Stacey A. Tovino
Subsurface Trespass: Private Remedies and Public Regulation, Joseph Schremmer
Suing the Insecure?: A Duty of Care in Cyberspace, Stephen E. Henderson and Matthew Yarbrough
Tainted: Food, Identity, and the Search for Dignitary Redress, Melissa Mortazavi
Taking Aim at ShotSpotter: Gunshot Surveillance, The Fourth Amendment, and an Argument for Sonic Security, Emily A. Fogg
Taking Diversity Seriously: Affirmative Action and the Democratic Role of Law Schools: A Response to Professor Brown, Carla Pratt
Taking Exception to Assessments of American Exceptionalism: Why the United States Isn't Such an Outlier on Free Speech, Evelyn Aswad
Tax Code Bias and Its Starring Role in Perpetuating Inequalities, Phyllis C. Taite
Taxes, the Problem and Solution: A Model for Vanishing Deductions and Exclusions for Residence-Based Tax Preferences, Phyllis C. Taite
Taxing Wealth: Strategic Methods to Address Growing Inequalities, Phyllis C. Taite
Teaching Criminal Procedure: Why Socrates Would Use YouTube, Stephen E. Henderson and Joseph Thai
Teaching Cultural Competence in Law School Curricula: An Essential Step to Facilitate Diversity, Phyllis C. Taite and Nicola Boothe
Teaching the HIPAA Privacy Rule: Illustrative Comparisons, Stacey A. Tovino
Tele-Induction of Buprenorphine for the Treatment of Opioid Use Disorder: Regulatory Flux and Public Confusion, Stacey A. Tovino
Tesla, Let Me Fix My Car: The Right to Repair and the Need for a Balance Between Public and Private Enforcement, Emanuele S. Putrino
That's a Wrap! Examining the Enforceability of Electronic Agreements, Emilie Blanchard Wedman and Timila S. Rother
The 2006 ALTA Title Insurance Policies: What New Coverage Do They Provide?, Joyce Palomar
The Black Hole Case: The Injunction Against the End of the World, Eric E. Johnson
The Case for Eliminating Patent Law's Inequitable Conduct Defense, Eric E. Johnson
The Case for Oral Argument in the Supreme Court of Oklahoma, Andrew Coats and Joseph Thai
The Clash of Procedural Values, Roger Michalski
The Collective Conundrum, John T. Holden, Thomas A. Baker III, and Joanna Wall Tweedie
The Concurrent Use of Land for Carbon Sequestration and Mineral Development, Joseph Schremmer
The Confidentiality and Privacy Implications of Functional Magnetic Resonance Imaging, Stacey A. Tovino
The Consequences of Mythology: Supreme Court Decisionmaking in Indian Country, M. Alexander Pearl
The Corporate Chameleon, Megan Wischmeier Shaner
The Corporation as Imperfect Society, Brian McCall
The Cost of Avoidance: Pluralism, Neutrality, and the Foundations of Modern Legal Ethics, Melissa Mortazavi
The Democratic (Il)Legitimacy of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, and Alyx Mark
The "Director Preference" in Stockholder Litigation, Megan Wischmeier Shaner
The DSM-5: Implications for Health Law, Stacey A. Tovino
The Economics and Sociality of Sharing Intellectual Property Rights, Eric E. Johnson
The Elusive Cap and Gown: The Impact of Tax Policy on Access to Higher Education for Law-Income Individuals and Families, Phyllis C. Taite
The End of Indeterminacy in Affirmative Action, Carla Pratt
The Estate and Gift Tax Implications of Self-Settled Domestic Asset Protection Trusts: Can You Really Have Your Cake and Eat It Too?, Phyllis C. Taite
The Field of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, and Jessica Steinberg
The Fourth Amendment in the Age of Autonomous Vehicles, Tracy Hresko Pearl
The Future of Freedom of Expression Online, Evelyn Aswad
The Grapes of Wrath: On the Health of Immigration Detainees, Stacey A. Tovino
The HIPAA Privacy Rule and the EU GDPR: Illustrative Comparisons, Stacey A. Tovino
The House Edge: On Gambling and Professional Discipline, Stacey A. Tovino
The Institutional Mismatch of State Civil Courts, Colleen Shanahan, Jessica Steinberg, Alyx Mark, and Anna Carpenter
The Jury Veto, Stephen E. Henderson
The Law Clerk Who Wrote Rasul v. Bush: John Paul Stevens's Influence from World War II to the War on Terror, Joseph T. Thai
The Law of Oil and Gas: Cases and Materials, Patrick Martin, Bruce Kramer, Keith Hall, Tara Righetti, and Joseph Schremmer
The Lesser of Two Evils: Lowering the Constitutional Amendment Bar to Avoid an Unadaptable Constitution, Encouraged Judicial Activism, and Disrupted Federalism, Hayley Stillwell
The Macroeconomics of Intellectual Property, Eric E. Johnson
The Meaningless Factual Basis Inquiry of Rule 11(b)(3), Hayley Stillwell
The Million-Dollar Diversity Docket, Steven Gensler and Roger Michalski
The Misadventure of Copyrighting State Law, Eric E. Johnson
The Mythology of Sanctuary Cities, Kit Johnson
The Nation’s Transfer Tax Regime and the Tax Gap, Jay A. Soled
The NCAA’s Challenge in Determining NIL Market Value, Meg Penrose
The (Next) Big Short and the End of the Anthropocene, M. Alexander Pearl
The NFL, Intellectual Property, and the Conquest of Sports Media, Eric E. Johnson
Theories of Immigration Law, Kit Johnson
The Other Side of the CAFA Effect: An Empirical Analysis of Class Action Activity in the Oklahoma State Courts, Steven S. Gensler
The Potential for Conflicts between CCS Projects and Mineral Extraction, Joseph Schremmer
The Power of Privilege and the Attorney-Client Privilege Protection Act: How Corporate America Has Everyone Excited About the Emperor's New Clothes, Liesa L. Richter
The Project Model of Clinical Education, Anna Carpenter
The Pro Se Gender Gap, Roger Michalski
The Reappearing Judge, Steven S. Gensler and Lee Rosenthal
The Right to Fail, Alexander A. Boni-Saenz
The Role of Religion in Constitutions Emerging from Arab Spring Revolutions, Evelyn Aswad
The Role of U.S. Technology Companies as Enforcers of Europe's New Internet Hate Speech Ban, Evelyn Aswad
"The" Rule: Modernizing the Potent, but Overlooked, Rule of Witness Sequestration, Daniel J. Capra and Liesa L. Richter
The S.E.C.'s Unconstitutionally Compelled Speech, Steven Cleveland
The Split from Precedent: An Analysis of the Negative Impact Oklahoma v. Castro-Huerta Will Have in Indian Country, Meg A. Bloom
The Timely Demise of the Fourth Amendment Third Party Doctrine, Stephen E. Henderson
The Tragedy of the Vital Commons, M. Alexander Pearl
The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, and Stephen E. Henderson
The "True" Right to Trial by Jury: The Founders' Formulation and its Demise, Jon J. Lee
The (Un)Enforcement of Corporate Officers' Duties, Megan Wischmeier Shaner
The Use and Disclosure of Protected Health Information for Research under the HIPAA Privacy Rule: Unrealized Patient Autonomy and Burdensome Government Regulation, Stacey A. Tovino
The War Between Attorneys and Lay Conveyancers--Empirical Evidence Says 'Cease Fire', Joyce Palomar
The Wonderful World of Disney Visas, Kit Johnson
The Writ of Prohibition in Arkansas, William Murray Tabb
Three Ways of Looking at a Health Law and Literature Class, Jennifer Bard, Thomas Mayo, and Stacey A. Tovino
Title Insurance Companies' Liability for Failure to Search Title and Disclose Record Title, Joyce Palomar
To Ban or Not to Ban Blasphemous Videos, Evelyn Aswad
To Protect Freedom of Expression, Why Not Steal Victory from the Jaws of Defeat?, Evelyn Aswad
Tort as Democracy: Lessons from the Food Wars, Melissa Mortazavi
Tort Law and Health Law: Intersections and Opportunities, Stacey A. Tovino
Torts and Personhood, Melissa Mortazavi
Torture by Means of Rape, Evelyn Aswad
Transferred Justice: An Empirical Account of Federal Transfers in the Wake of Atlantic Marine, Roger Michalski
Trans-Personal Procedures, Roger Michalski
Tremors of Things to Come: The Great Split between Federal and State Pleading Standards, Roger Michalski
Trial and Error: Lawyers and Nonlawyer Advocates, Anna Carpenter, Alyx Mark, and Colleen Shanahan
Tribal Kulturkampf: The Role of Race Ideology in Constructing Native American Identity, Carla Pratt
Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti, Carla Pratt
Tribute to Elouise Cobell, Dennis Gingold and M. Alexander Pearl
Twenty-Five Years of the Clean Air Act in Perspective, William Murray Tabb
Twombly and Iqbal at the State Level, Roger Michalski and Abby Wood
Uncertain Risk, Science Experiments, and the Courts, Eric E. Johnson
Under Containment: Preempting State Ebola Quarantine Regulations, Eang Ngov
Unintentional Irony in Landmark Decisions of the Delaware Supreme Court Regarding Corporate Law, Steven Cleveland
Universities as Vehicles for Immigrant Integration, Kit Johnson
Unprofitable Lending: Modern Credit Regulation and the Lost Theory of Usury, Brian McCall
Vast Hordes...Crowding in Upon Us: The Executive Branch's Response to Mass Migration and the Legacy of Chae Chan Ping, Kit Johnson
Virtual Annual Meetings: A Path Toward Shareholder Democracy and Stakeholder Engagement, Yaron Nili and Megan Wischmeier Shaner
Waste and the Governance of Private and Public Property, Tara Righetti and Joseph Schremmer
Way to Represent: The Role of Black Lawyers in Contemporary American Democracy, Carla Pratt
Welcome to the Village: An Analysis of How St. Louis County Occupancy Permit Schemes Perpetuate Segregation and Violate the Constitution, Zachary Schmook and Lauren Verseman
Welfare v. Wealthfare: The Illusion of Equality in Tax Policy, Phyllis C. Taite
What Alex Kozinski and the Investigation of Earl Bradley Teach About Searching and Seizing Computers and the Dangers of Inevitable Discovery, Stephen E. Henderson
What Good is John Finnis? Assessing the Personal and Common Good in Natural Law and Natural Rights, Brian McCall
What Trial Judges Would Like to Say to Lawyers and What Lawyers Would Like to Say to Trial Judges (Panel One), Andrew Coats
Where Neutrality Stops and Reality Begins: Why Considering Identity is Vital to Lead and Class Counsel Selection, Melissa Mortazavi
Where Strict Meets Substantial: Oklahoma Standards for the Execution of a Will, Katheleen Guzman
White Supremacy's Threat to U.S. Democracy (in Beyond Imagination? The January 6 Insurrection), Carla Pratt
Why Is It Good to Stop at a Red Light_ The Basis of Authority and Obligation, Brian McCall
Why the United States Cannot Agree to Disagree on Blasphemy Laws, Evelyn Aswad, Rashad Hussain, and M. Suleman
Will Neuroscience Redefine Mental Injury?: Disability Benefit Law, Mental Health Parity Law, and Disability Discrimination Law, Stacey A. Tovino
Wills Speak, Katheleen Guzman
Women of Color in Immigration Enforcement, Kit Johnson
Worthier for Whom?, Katheleen Guzman