Legal Scholarship Network/Social Science Research Network -- This series lists a number of forthcoming Loyola papers and articles by faculty.
Faculty Publications
ELLEN P. APRILL, Associate Dean for Academic Programs, Professor of Law, and John E. Anderson Chair in Tax Law
Reform Judaism, B'tzelem Ehlohim, and Gay Rights, in Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (Robert Cochran, ed) (NYU Press 2007)
Tax Strategy Patents: Policy and Practice, in Proceedings of the University of Southern California Law Center: Major Tax Planning (2007)
What Critiques of Sarbanes-Oxley Can Teach about Regulation of Nonprofit Governance, Fordham Law Review (2007)
Post-Disaster Tax Legislation: A Series of Unfortunate Events, 56 Duke Law Journal 51 (2006) (with Richard Schmalbeck)
The Interpretive Voice, 38 Loyola of Los Angeles Law Review 2081 (2005)
ABA Section of Taxation Report of the Task Force on Judicial Deference, 57 The Tax Lawyer 717 (2004), reprinted in 104 Tax Notes 1231 (2004) (with Irving Salem and Linda Galler)
Parsonage and Tax Policy: Rethinking the Exclusion, 96 Tax Notes 1243 (2002), reprinted in Exempt Organization Tax Review (Oct. 2002)
Churches, Politics, and the Charitable Contribution Deduction, 42 Boston College Law Review 843 (2001), reprinted in 52 Monthly Digest of Tax Articles 9 (2002).
Tax Shelters, Tax Law, and Morality, 54 SMU Law Review, 9 (2001)
WILLIAM D. ARAIZA, Associate Dean for Faculty, Professor of Law, Rev. Richard A. Vachon, SJ. Fellow
Irrationality and Animus in Equal Protection Law: What a Class-of-One Cases Teaches Us, 34 Ecology L.Q. 493 (2007)
Limits on Agency Discretion to Choose Between Rulemaking and Adjudication: Reconsidering Patel v. INS and Ford Motor Co. v. FTC, 58 Administrative Law Review (2006)
FIRST AMENDMENT LAW: FREEDOM OF EXPRESSION AND FREEDOM OF RELIGION (LexisNexis 2006) (with Arthur Hellman and Thomas Baker)
CONSTITUTIONAL LAW: CASES, HISTORY AND DIALOGUES (LexisNexis, 3d ed. 2006) (with Phoebe Haddon and Dorothy Roberts)
Foreign and International Law in Constitutional Gay Rights Litiation: What Claims, What Use and Whose Law?, 32 William Mitchell Law Review 455 (2006)
The Section 5 Power and the Rational Basis Standard of Equal Protection, 79 Tulane Law Review 519 (2005)
Gay Male3 Pornography: An Issue of Sex Discrimination, by Christopher Kendall, 14 Journal of the History of Sexuality 210 (2005) (book review)
The Section Five Power After Tennessee v. Lane, 32 Pepperdine Law Review 39 (2004)
In Praise of A Skeletal APA: Judicial Discretion, Remedies for Agency Inaction and APA Amendment, 56 Administrative Law Review 979 (2004)
Amicus Brief in Norton v. Southern Utah Wilderness Alliance, 34 Environmental Law Reporter 10443 (2004)
Court, Congress and Equal Protection: What Brown Teaches Us About The Section 5 Power, 47 Howard Law Review 199 (2004)
Captive Audiences, Children and the Internet, 41 Brandeis Law Review 397 (2003)
Congress and the "Enforcement" of Eqhal Protection: What's in a Word?, Loyola Lawyer 60 (Fall 2003)
Judicial and Legislative Checks on Ex Parte OMB Influence Over Administrative Rulemaking, 54 Administrative L. Rev. 611 (2002)
ENDA Before It Starts: Could Gay or Lesbian State Employees Sue Their Employers for Damages, Under the Proposed Employment Non-Discrimination Act, In Light of the Court's Recent § 5 Jurisprudence?, 22 Boston Col. Third World L.J. 1 (2002)
The First Amendment: Cases, History and Dialogues, Anderson Publishing Co. (2002) (with Donald Lively, Phoebe Haddon, Dorothy Roberts and John Knechtle)
JEFFERY C. ATIK, Professor of Law, Sayre Macneil Fellow
Embracing Price Discrimination – TRIPS and Parallel Trade in Pharmaceuticals, 28 University of Pennsylvania Journal of International Economic Law 1043 (2007)
Health and International Trade, in Oxford Handbook on International Trade Law (Daniel Bethlehem, Donald McRae, Rodney Neufeld & Isabelle Van Damme, eds., 2007)
Facilitating Compulsory Licensing Under TRIPS in Response to the AIDS Crisis in Developing Countries, in Corporate and Employment Perspectives in a Global Business Environment (Roger Blanpain and Boel Flodgren, eds., Kluwer 2006) (with Hans Henrik Lidgard)
The Weakest Link – Demonstrating the Inconsistency of “Appropriate Levels of Protection” in Australia-Salmon, 24 Risk Analysis 483 (2004)
The Relationship Between Environmental Rights and Environmental Justice: A Commentary, Human Rights Dialogue (Carnegie Council for Ethics in International Affairs 2004)
Legitimacy, Transparency and NGO Participation in the NAFTA Chapter 11 Process, in Investment Law and Arbitration: Past Issues, Current Practice, Future Prospects (Todd Weiler, ed., Transnational Press 2004)
Repenser NAFTA Chapter 11 – A Catalogue of Legitimacy Critiques, 3 Asper Review of International Business and Trade Law 215 (2003)
Science and International Trade – Third Generation Scholarship, 26 Boston College International and Comparative Law Review 171 (2003) (with David A. Wirth)
International Legal Developments in Review: 2002 – International Legal Education, 37 International Lawyer 623 (2003) (with John F. Murphy)
International Legal Developments in Review: 2001 – International Legal Education, 36 International Lawyer 715 (2002) (with Anton Soubbot)
International Investment Developments, 12 Yearbooks of International Environmental Law 371 (2002)
National Treatment in the NAFTA Trucking Case, 42 South Texas Law Review 1249 (2001)
2000 International Investment Developments, 11 Yearbook of International Environmental Law 343 (2001)
Does Method Matter? - Law and Economics, Proceedings of the 95th Annual Meeting, American Society of International Law (2001)
Democratizing the WTO, 33 George Washington International Law Review 451 (2001).
Report on International Investment Issues, 11 Yearbook International Environmental Law (2001).
ROBERT W. BENSON, Emeritus Professor of Law
The Interpretation Game: How Judges and Lawyers Make the Law (Carolina Academic Press 2008)
The U’wa Indians of Colombia, in Encyclopedia of Religion and Nature (Continuum Press, London, 2005)
The Wizard of Oz, Michelangelo, Casablanca and the Constitution: Original Intent Anyone?, Loyola Lawyer 48 (Fall 2004)
Changing Police Culture: The Sine Qua Non of Reform, 34 Loyola of Los Angeles Law Review 681 (2001)
LINDA BERES, Professor of Law
Gangs, Schools and Stereotypes, 37 Loyola of Los Angeles Law Review 935 (2004) (with Thomas D. Griffith)
Demonizing Youth, 34 Loyola of Los Angeles Law Review 747 (2001) (with Thomas D. Griffith)
Habitual Offender Statutes and Criminal Deterrence, 34 Connecticut Law Review 55 (2001)
BARBARA BLANCO, Clinical Professor of Law and Faculty Clinical Director
Barbara Blanco, Accreditation Inspections for Clinical and Externship Directors: Survive or Thrive? Clinical Law Review (2007)
What Students Don’t Know Will Hurt Them: A Frank View from the Field on How to Better Prepare Our Clinic and Externship Students, ___ Clinical Law Review ___ (Fall 2007) (with Carolyn Young)
Judicial Externs: Judicial Outreach to the Future, ABA Judges’ Journal (May 2005) (with Hon. Richard Fruin)
(co-author), GLACE Field Placement Supervision Manual, a cooperative effort of externship program directors and Deans from Loyola, USC Law School, UCLA Law School, Pepperdine School of Law, Southwestern University School of Law and Whittier Law School (GLACE, the Greater Los Angeles Consortium on Externships)
Externship Field Supervision: Effective Techniques for Training Supervisors and Students, 10 Clinical Law Review, no. 2 (2004) (with Sande L. Buhai)
ROBERT BRAIN, Associate Clincal Professor of Law
SUM AND SUBSTANCE – CONTRACTS (West, 7th ed. 2006)
SANDE BUHAI, Clinical Professor of Law and Faculty Pro Bono Director
Tax and Disability, 154 University of Pennsylvania Law Review 1053 (2006) (with Theodore Seto)
Act Like A Lawyer: Be Judged Like A Lawyer, Utah Law Review (2006)
Parental Support of Adult Children with Disabilities, 91 Minnesota Law Review (2006)
Externship Field Supervision: Effective Techniques for Training Supervisors and Students, 10 Clinical Law Review 611 (2004) (with Barbara Blanco)
In the Meantime: State Protection of Disability Civil Rights, 37 Loyola Law Review 1065 (2004)
Honor Thy Mother and Father: Preventing Elder Abuse through Education and Litigation, 36 Loyola of Los Angeles Law Review 565 (2003)
One Hundred Years of Equality: Saving California's Statutory Ban on Arbitrary Discrimination by Business, 36 University of San Francisco Law Review 109 (2001)
DAVID BURCHAM, Senior V.P. Loyola Marymount University & Fritz B. Burns Dean, Professor of Law
Introduction, The Rampart Scandal Symposium, 34 Loyola Los Angeles Law Review 537 (2001) (with Catherine Fisk)
The Rutter Group, Employment Law Litigation (Chap. 2 on Professional Responsibility) (2001)
AARON H. CAPLAN, Associate Professor of Law
Ten Years At The ACLU, Washington State Bar News, July 2008
Human Rights of Students In Public Schools, ABA, Section of Rights and Responsibilities, Vol. 32, No. 4 (Fall 2005)
What Rights Do Youths Have In Cyberspace?, ABA Insights on Law & Society,Vol. 3, No. 1 (Fall 2002)
ROBERT S. CHANG, Professor of Law and J. Rex Dibble Fellow
The Adventures of Blackness in Western Culture: An Epistolary Exchange on Old and New Identity Wars, 39 University of California Davis Law Review 1189 (2006) (with Adrienne D. Davis)
Business as Usual? Brown and the Continuing Conundrum of Race in America, 2004 University of Illinois Law Review 1181 (2004) (with Jerome M. Culp, Jr.)
(Racial) Profiles in Courage, or Can We Be Heroes, Too? 66 Albany Law Review 349 (2003)
After Intersectionality, 71 University of Missouri Kansas City Law Review 485 (2002) (with Jerome Culp)
Closing Essay: Using Collective Memory to Imagine a Better Future, 49 UCLA Law Review (2002)
When Interests Converge, 100 Michigan Law Review (2002), reviewing Mary L. Dudziak, Cold War Civil Rights, Princeton University Press, 2001
Critical Race Theory's Uncompleted Argument, in Critical Race Theory (Jerome Culp, Angela Harris & Francisco Valdes eds., Temple University Press, 2002)
Los Angeles as a Single-Cell Organism, 34 Loyola of Los Angeles Law Review 843 (2001) (Symposium on the LAPD Rampart Scandal)
BRIETTA CLARK, Professor of Law
The Hidden Costs of a Cruel and Unusual Prison Health Care System, bioethicsforum.com (Sept. 2006)
Hospital Flight from Minority Communities: How Our Existing Civil Rights Framework Fosters Racial Inequality in Healthcare, 9 DePaul Journal of Health Care Law 1023 (2006)
Erickson v. Bartell Drug Co.: A Roadmap for Gender Equality in Reproductive Health Care or an Empty Promise? 23 University of Minnesota Journal of Law and Inequality 299 (2005)
The Continuing Battle for Gender Equality in Reproductive Health, Loyola Lawyer (Fall 2004)
When Free Exercise Exemptions Undermine Religious Liberty and the Liberty of Conscience: A Case Study of The Catholic Hospital Conflict, 82 Oregon Law Review 625 (2003)
JAN C. COSTELLO, Professor of Law
Can or Should CAP be Applied to Child Research Subjects?: A Comment on Kim and Appelbaum, in Capacity to Consent: A Snapshot of Contemporary Legal and Clinical Issues," 24 Behavioral Sciences and the Law 479 (2006)
"'The Trouble Is They're Growing, The Trouble Is They're Grown': Therapeutic Jurisprudence and Adolescents' Participation in Mental Health Care Decisions, Symposium on the Law of Mental Health," 29 Ohio Northern University Law Review (2003)
"Wayward and Noncompliant” People With Mental Disabilities: What Advocates of Involuntary Outpatient Commitment Can Learn From the Juvenile Court Experience With Status Offense Jurisdiction, 9 Psychology, Public Policy & Law 233 (2002)
Why Have Hearings for Kids If You’re Not Going to Listen?: A Therapeutic Jurisprudence Approach to Mental Disability Proceedings for Minors, Symposium from the Second International Conference on Therapeutic Jurisprudence, 71 U. Cincinnati L. Rev. 19 (2002)
F. JAY DOUGHERTY, Professor of Law
Overview: The Many Means of Celebrity, in International Association of Entertainment Lawyers Annual (2005)
Entertainment Law (LexisNexis, 3d ed. 2003) (with Melvin Simensky, Thomas D. Selz, Robert C. Lind, Barbara Burnett and Charles A. Palmer)
All the World’s Not a Stooge: The “Transformativeness” Test for Analyzing a First Amendment Defense to a Right of Publicity Claim Against Distribution of a Work of Art, 27 Columbia Journal of Law and the Arts 1 (2003)
A Panel Discussion: Potential Liability Arising from the Dissemination of Violent Music, 22 Loyola of Los Angeles Entertainment Law Review 237 (2002)
Not A Spike Lee Joint? Issues in the Authorship of Motion Pictures Under U.S. Copyright Law, 49 UCLA L.Rev. 225 (2001)
ROGER W. FINDLEY, Professor of Law and Fritz B. Burns Chair in Real Property
Cases and Materials on Environmental Law (West, 7th ed. 2006) (with D. Farber, J. Freeman, and A. Carlson)
Environmental Law in a Nutshell (West, 6th ed. 2004) (with D. Farber)
Cases and Materials on Environmental Law (West, 6th ed. 2003) (with D. Farber and J. Freeman)
The Future of Environmental Law, 8 Revista de Direito Ambiental 9 (São Paulo, 2003)
Cases and Materials on Property, 8th ed. (Foundation, 2002) (with J. Cribbet, C. Johnson, and E. Smith)
Chapter on "Environmental Law" in United States Law of Trade and Investment, vol. IV, B. Kozolchyk and J. Molloy, eds., (Fred B. Rothman Publications, 2001)
EDITH FRIEDLER, Professor of Law and Director of International Programs
The Penalty Clause in The Merchant of Venice: A Comparative Perspective, The Shakespeare Authorship Society, Concordia University (2006) (in Vérité, the journal of conference proceedings)
La Reglamentacion de la Abogacia en Estados Unidos, 32 Revista del Abogado, Publicacion del Colegio de Abogados de Chile 16 (2004)
"Immigration and Naturalization", Chapter 33 in Law of Trade and Investment, Kozolchyk & Molloy eds., Fred B. Rothman Publications (2001)
DAVID GLAZIER, Associate Professor of Law
A Self-Inflicted Wound: A Half-Dozen Years of Turmoil Over the Guantanamo Military Commissions, forthcoming 12 Lewis & Clark Law Review No. 1 (2008)
Full and Fair by What Measure? International Law Applicable to the Military Commission Process, 24 Boston University International Law Journal 55 (2006)
Precedents Lost: The Neglected History of the Military Commission, 46 Virginia Journal of International Law 5 (2005)
Ignorance is Not Bliss: The Law of Belligerent Occupation and the US Invasion of Iraq, 58 Rutgers Law Review 121 (2005)
Kangaroo Court or Competent Tribunal? Judging the 21st Century Military Commission, 89 Virginia Law Review 2005 (2003)
VICTOR J. GOLD, Professor of Law and William M. Rains Fellow
Federal Practice and Procedure, vol. 27 (West, 2d ed. 2007)
Two Jurisdictions, Three Standards: The Admissibility of Misconduct Evidence to Impeach, __ Southwestern Law Review __, (2007)
Evidence: A Structured Approach – Cases, Rules, and Materials Supplement (Aspen 2005) (with David Leonard)
Evidence: A Structured Approach (Aspen 2004) (with David Leonard)
The War of Symbols, 35 Loyola Law Review 1157 (2002)
Federal Practice and Procedure, 2001 Supplements Vols. 27, 28, 29 and 31 (West) (with Charles Alan Wright)
CHARLOTTE K. GOLDBERG, Professor of Law
The Schemes of Adventuresses: The Abolition and Revival of Common Law Marriage, William and Mary Journal of Women and the Law (2007)
Examples & Explanations: California Community Property (Aspen 2005)
Value and Volatility: The New Economy and Valuing Businesses at Divorce, 35 Family Law Quarterly 451 (2001)
STANLEY A. GOLDMAN, Professor of Law
Whose Afraid of Atticus Finch, 8 Ohio State Journal of Criminal Law ___ (2007)
Run, Walk or Ride, Don’t Try to Hide: Avoiding Police Contact and the 4th Amendment, Loyola Lawyer 33 (Fall 2003)
Walk Don't Run: Suspicions for a New Millenium, Search and Seizure Law Report, Volume 29, Issue 3 (April 2002)
Running from Rampart, 34 Loyola of Los Angeles Law Review 777 (2001)
To Flee or Not to Flee -- That is the Question: Flight as a Furtive Gesture, 37 Idaho Law Review 557 (2001)
RICHARD L. HASEN, Qilliam H. Hannon Distinguished Professor of Law
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review (forthcoming April 2008)
The Untimely Death of Bush v. Gore, 60 Stanford Law Review (2007)
Election Law: Cases and Materials (3rd edition 2004) (co-authored with Professor Daniel Hays Lowenstein)
• 2007 Supplement
• 2006 Supplement
• 2005 Supplement
Leaving the Empty Vessel of "Republicanism" Unfilled: An Argument for the Continued Nonjusticiability of Guarantee Clause Cases, in The Political Question Doctrine and the Supreme Court of the United States (Mortada-Sabbah and Cain eds., Rowman and Littlefield, 2007)
The Newer Incoherence: Competition, Social Science, and Balancing in Campaign Finance Law After Randall v. Sorrell, 68 Ohio State Law Journal (2007)
First Amendment Limits on Regulating Judicial Campaigns, in Running for Judge (Matthew Streb ed., NYU Press, 2007)
Congressional Power to Renew Preclearance Provisions, in The Future of the Voting Rights Act (Epstein, Pildes, de la Garza and O'Halloran, eds., Russell Sage Foundation, 2006)
Bad Legislative Intent, 2006 Wisconsin Law Review 843
No Exit? The Roberts Court and the Future of Election Law, 57 South Carolina Law Review 669 (2006) (symposium on voting rights)
How Much is Enough? The "Ballot Order Effect" and the Use of Social Science Evidence in Election Law Disputes, 5 Election Law Journal (2006) (co-authored with R. Michael Alvarez and Betsy Sinclair)
The Uncertain Congressional Power to Ban State Felon Disenfranchisement Laws, Howard Law Journal (2006) (symposium on voting rights)
Lessons from the Clash Between Campaign Finance Laws and the Blogosphere, Nexus Law Journal (2006) (symposium on blogging and the law)
The California Recall Punch Card Litigation: Why Bush v. Gore Does Not "Suck," in Clicker Politics: Essays on the California Recall 170-81 ( Shaun Bowler and Bruce E. Cain, eds. 2006)
Beyond the Margin of Litigation: Reforming U.S. Election Administration to Avoid Electoral Meltdown, 62 Washington and Lee Law Review 937 (2005)
Rethinking the Unconstitutionality of Contribution and Expenditure Limits in Ballot Measure Campaigns, 78 Southern California Law Review 885 (2005)
Congressional Power to Renew the Preclearance Provisions of the Voting Rights Act after Tennessee v. Lane, 66 Ohio State Law Journal 177 (2005)
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press, 2003)
• 2005 Update
The Supreme Court and Election Law: A Reply to Three Commentators, 31 Journal of Legislation 1 (2004) (view entire symposium on The Supreme Court and Election Law)
Buckley is Dead, Long Live Buckley: The New Campaign Finance Incoherence of McConnell v. Federal Election Commission, 152 University of Pennsylvania Law Review 31 (2004)
Looking for Standards (in All the Wrong Places): Partisan Gerrymandering Cases after Vieth, 3 Election Law Journal 626 (2004)
The Surprisingly Easy Case for Disclosure of Contributions and Expenditures Funding Sham Issue Advocacy, 3 Election Law Journal 251 (2004)
A Critical Guide to Bush v. Gore Scholarship, 7 Annual Review of Political Science 297 (2004)
"This Could Be Heaven or This Could Be Hell: Comments on Baker, Clark and Direct Democracy," Journal of Contemporary Legal Issues (2004)
THE SUPREME COURT AND ELECTION LAW: JUDGING EQUALITY FROM BAKER V. CARR TO BUSH V. GORE (NYU Press, 2003)
The Untold Drafting History of Buckley v. Valeo, 2 Election L.J. 241 (2003)
After the Storm: The Uses, Normative Implications, and Unintended Consequences of Voting Reform Research in Post-Bush v. Gore Equal Protection Challenges, in Rethinking the Vote (Oxford University Press, Ann Crigler, Marion Just, and Edward McCaffery eds., 2003)
Richard Hasen, Vouchers and Buckley: The Need for “Regime Change,” 37 University of Richmond Law Review 1049 (2003) (symposium issue on Ackerman & Ayres, Voting with Dollars)
Richard Hasen, The Future of Campaign Finance Reform in the Hands of the Supreme Court, Loyola Lawyer 44 (Fall 2003)
The Constitutionality of a Soft Money Ban after Colorado Republican
II, 1 Election Law Journal 195 (2002)
(draft available at: http://www.brook.edu/gs/cf/Hasen.pdf).
Bush v. Gore and the Future of Equal Protection Law in Elections, 29 FSU L. Rev. 377 (2002)
The Benefits of "Judicially Unmanageable" Standards in Election Law Cases under the Equal Protection Clause, 80 North Carolina L. Rev. 1469 (2002)
A "Tincture of Justice": Judge Posner's Failed Rehabilitation of Bush v. Gore, 80 Texas L. Rev. 137 (2001) (book review)
Introduction to Internet Voting and Democracy Symposium, 34 Loyola of Los Angeles Law Review 979 (2001)
Election Law Cases and Materials (2nd edition 2001) (co-authored with Professor Daniel Hays Lowenstein)
Measuring Overbreadth: Using Empirical Evidence to Determine the Constitutionality of Campaign Finance Laws Targeting Sham Issue Advocacy, 85 Minn L. Rev. 1773 (2001)
Do the Parties or the People Own the Electoral Process?, 149 U. Pa. L. Rev. 815 (2001)
PAUL T. HAYDEN, Professor of Law and Jacob J. Becker Fellow
Ethical Lawyering: Legal and Professional Responsibilities in the Practice of Law (Thomson-West, 2d ed. 2007) (and Teacher’s Manual (West 2007))
Global Issues in Tort Law (Thomson-West 2007) (with Julie Davies)
Torts and Compensation: Personal Accountability and Social Responsibility for Injury (Thomson-West, 5th ed. 2005) (with Dan B. Dobbs) (and Teacher’s Manual)
Ethical Lawyering: Legal and Professional Responsibilities in the Practice of Law (Thomson-West 2003) (and Teacher’s Manual (West 2003))
Putting Ethics to the (National Standardized) Test: Tracing the Origins of the MPRE, 71 Fordham Law Review 1299 (2003)
Torts and Compensation: Personal Accountability and Social Responsibility for Injury (West 4th Ed. 2001) (with Dan B. Dobbs)
BRYAN D. HULL, Professor of Law
United States and International Sales, Lease and Licensing Law: Cases and Problems (Aspen 2007)
Contracts and Sales: Contemporary Cases and Problems (LexisNexis Matthew Bender, 2d ed. 2002 (with William McGovern and Lary Lawrence)
Harmonization of Rules Governing Assignments of Right to Payment, 54 SMU L Rev. 473 (2001)
Payment Systems (2001 update), West Publications (with Lary Lawrence)
ALLAN IDES, Professor of Law and William M. Rains Fellow
Constitutional Law: National Power and Federalism (Aspen, 4th ed. 2007) (with Christopher N. May)
Constitutional Law: Individual Rights (Aspen, 4th ed. 2007) (with Christopher N. May)
Civil Procedure: Cases and Problems (Aspen, 2d ed. 2006) (with Christopher N. May)
The Unitary Executive, 29 Los Angeles Lawyer (Sept. 2006) (with Karl Manheim)
Constitutional Law: National Power and Federalism (with Christopher N. May) (Aspen, 3d Ed. 2004)
Constitutional Law: Individual Rights (with Christopher N. May) (Aspen, 3d Ed. 2004)
The Partial-Birth Abortion Ban Act of 2003 and the Commerce Clause, 20 Constitutional Commentary 441 (2004)
Civil Procedure: Cases and Problems (with Christopher N. May) (Aspen 2003)
Federalism and the 9th Amendment, Loyola Lawyer 81 (Fall 2003)
Habeas Standards of Review Under 28 U.S.C. 2254 (d) (1) : A Commentary on Statutory Text and Supreme Court Precedent, 60 Washington & Lee Law Review 677 (2003)
Tangled Up in Brown, 47 Howard Law Journal 3 (2003)
Economic Activity as a Proxy for Federalism: Intuition and Reason in United States v. Morrison, 18 Constitutional Commentary 563 (2002)
Economic Activity as a Proxy for Federalism: Intuition and Reason in United States v. Morrison. Constitutional Commentary (July 2001)
Constitutional Law: National Power and Federalism (with Chris May) (Aspen, 2nd Ed. 2001)
Constitutional Law: Individual Rights (with Chris May) (Aspen, 2nd Ed. 2001)
ROBIN B. KAR, Associate Professor of Law and Deputy Director of Center for Interdisciplinary and Comparative Jurisprudence
Contractualism About Contract Law, 40 Loyola of Los Angeles L. Rev (2007) (Symposium Contribution).
Hart’s Response to Exclusive Legal Positivism, 95 Georgetown Law Journal 393 (2007)
Contract Law from the Second-Person Standpoint: Why Efficiency Considerations Can Neither Explain nor Justify Standard Contract Remedies, 40 Loyola of Los Angeles Law Review ___ (2007)
Introduction to Symposium on the Second-Person Standpoint and the Law, 40 Loyola of Los Angeles Law Review ___ (2007)
Legal Parallelism and the Separation of Law and Morality (work in progress).
Hart's Response to Exclusive Legal Positivism, 95 Georgetown Law Journal 393 (2007)
How an Understanding of the Second Personal Standpoint Can Change Our Understanding of the Law: Hart's Unpublished Response to Exclusive Legal Positivism, Loyola-LA Legal Studies Paper No. 2005-16 (Idea Paper). This paper was selected for presentation at Yale's Center for Law and Philosophy in 2006.
The Deep Structure of Law and Morality, 84 Texas Law Review (2006).
Legal Parallelism, UMI Dissertations (2005).
Harm: Its Meaning in Ethics, encyclopedia entry in Ethics (2d rev. ed.) (Salem University Press 2004).
H.L.A. Hart, encyclopedia entry in Ethics (2d rev. ed.) (Salem University Press 2004).
Commentary on Gideon Yaffe, "Mens Rea and Conditional Intent" (presented at the University of Michigan's Spring Colloquium in Philosophy on Moral and Legal Responsibility) (2003).
The Ethics of Judicial Interpretation (speech) (with Judge Sonia Sotomayor) (presented by Judge Sotomayor as an introduction to the National Conference on Legal Ethics, held at Hofstra University School of Law) (2001).
KATHLEEN KIM, Associate Professor of Law
Psychological Coercion in the Context of Modern-Day Involuntary Labor: Revisiting U.S. v. Kozminski and Understanding Human Trafficking, 38 University of Toledo Law Review 941 (2007).
Reconceptualizing Approaches to Human Trafficking: New Directions and Perspectives from the Field(s), 3 Stanford Journal of Civil Rights and Civil Liberties __ (2007) (co-author).
Human Trafficking Private Right of Action: Civil Rights for Trafficked Persons in the United States, 16 Hastings Women’s Law Journal 1 (2004) (co-author).
Civil Litigation on Behalf of Victims of Human Trafficking, funded by the Office of Refugee Resettlement, Department of Health and Human Services, published by the Legal Aid Foundation of Los Angeles, available at (co-author).
KURT T. LASH, Professor of Law and W. Joseph Ford Fellow
A Textual-Historical Theory of the Ninth Amendment, Stanford Law Review (forthcoming 2008)
The Inescapable Federalism of the Ninth Amendment, Iowa Law Review (forthcoming 2008)
Originalism, Popular Sovereignty, and Reverse Stare Decisis, 93 Virginia Law Review 101 (2007)
Minority Report: John Marshall and the Defense of the Alien and Sedition Acts, 68 Ohio State Law Journal 435 (2007)
Tucker's Rule: St. George Tucker and the Limited Construction of Federal Power, 47 William & Mary L. Rev. 1343 (2006)
James Madison's Celebrated Report of 1800: The Transformation of the Tenth Amendment, 74 Geo. Wash. L. Rev. 1701 (2006)
The Lost Jurisprudence of the Ninth Amendment, 83 Tex. L. Rev. 597 (2005)
The Lost Original Meaning of the Ninth Amendment, 83 Tex. L. Rev. 331 (2004)LARY LAWRENCE, Professor of Law and Harriet L. Bradley Chair in Contract Law
8 Lawrence's Anderson on the Uniform Commercial Code (UCC §§ 8-101 to [Rev] 8-210) (West 2005)
8A Lawrence's Anderson on the Uniform Commercial Code ([Rev] UCC §§ 8-301 to 9-206) (West 2005)
2 Lawrence's Anderson on the Uniform Commercial Code (UCC §§ 2-201 to 2-207) (West 2004)
6B Lawrence's Anderson on the Uniform Commercial Code ([Rev] UCC §§ 3-101 to 4-201) (West 2003)
1 Lawrence's Anderson on the Uniform Commercial Code (UCC §§ 1-101 to 1-201) (West 2003)
Lawrence's Anderson on the Uniform Commercial Code, 2002 Supplement.
Lawrence's Anderson on the Uniform Commercial Code, Vols. 2 and 3A.
Contracts and Sales: Contemporary Cases and Problems (2d ed.) (Lexis/Nexis Matthew Bender) (W. McGovern & B. Hull, co-authors) with Teacher's Manual and Statutory Supplement
Payment Systems (2002 Update), (with Bryan Hull) (West Publications) (2002)
5 Lawrence's Anderson on the Uniform Commercial Code (UCC §§ 2A-217 to 2A-532) (West 2001)
4B Lawrence's Anderson on the Uniform Commercial Code (UCC §§ 2-719 to 2A-216) (West 2001)
Anderson on the Uniform Commercial Code (2001 Supplement) (West 2001)
7A Lawrence's Anderson on the Uniform Commercial Code (covering Articles 5,6 and 7) (2001)
DANIEL E. LAZAROFF, Professor of Law and Leonard Cohen Chair in Law and Economics
The NCAA in its Second Century: Defender of Amateurism or Antitrust Recidivist?," 86 Oregon Law Review __ (2007)
Entry Barriers and Contemporary Antitrust Litigation, 7 U.C. Davis Business Law Journal 1 (2006), reprinted in Journal of International Business Law (ICFAI University Press 2007)
"Golfers' Tort Liability -- A Critique of an Emerging Standard," 24 Hastings Communications & Entertainment Law Journal 317 (2002)
The Influence of Sports Law on American Jurisprudence, 1 Va. Sports & Ent. L.J. 1 (2001)
DAVID P. LEONARD Professor of Law and William M. Rains Fellow
The Legacy of Old Chief and the Definition of Relevant Evidence: Implications for Uncharged Misconduct," __ Southwestern University Law Review __ (2007)
Politics and Public Opinion in Amendments to the Federal Rules of Evidence, 21 Criminal Justice 28 (2006)
Evidence: A Structured Approach – Cases, Rules, and Materials Supplement (Aspen 2005) (with Victor Gold)
Evidence: A Structured Approach (Aspen Publishers) (2004) (with Victor Gold)
The Hearsay Rule and the Confrontation Clause: The Supreme Court Takes an Uncertain Turn, Loyola Lawyer 8 (Fall 2004)
Evidence Law: A Student's Guide to the Law of Evidence as Applied In American Trials (with Roger C. Park & Steven H. Goldberg) (West Publishers 2nd ed. 2004)
Questions and Answers: Torts (LexisNexis) (2004) (with Anita Bernstein)
Introduction, Symposium "Federal Privileges in the 21st Century," 38 Loyola of Los Angeles Law Review 515 (2004)
Questions and Answers: Evidence (LexisNexis) (2003)
Bypassing a Collaborative Procedure: Politics and the Reform of Evidence Law, Loyola Lawyer 54 (Fall 2002)
The Use of Uncharged Misconduct Evidence to Prove Knowledge, 81 Neb. L. Rev. 115 (2002)
The New Wigmore: A Treatise on Evidence: Selected Rules of Limited Admissibility: Regulation of Evidence to Promote Extrinsic Policies and Values (Rev. ed. 2002)
Character and Motive in Evidence Law, 34 Loyola of Los Angeles Law Review 439 (2001)
Different Worlds, Different Realities, 34 Loyola of Los Angeles Law Review 863 (2001)
LAURIE L. LEVENSON, Professor of Law and William M. Rains Fellow
California Criminal Law (West 2007) (with Alex Ricciardulli)
California Criminal Procedure (West 2007)
California Motions Practice (Thomson/West 2007)
Criminal Procedure (Aspen 2007)
Federal Criminal Rules Handbook (Thomson/West 2007)
High Profile Prosecutions and High Profile Conflicts, ___ Loyola of Los Angeles Law Review ___ (2007)Roadmap on Criminal Law (2d Edition)
California Criminal Law (2006 Edition)
California Criminal Procedure (2006 Edition)
Federal Criminal Rules of Procedure Handbook (2006 Edition)
RICO Gangs, Nat'l L. J. (July 2006)
Rebirth of the Polygraph, Nat'l L. J. A 9 (June 5, 2006)
A Delicate Balance: The Exigent-Cricumstances Exception, L.A. Daily J. A9 (June 20, 2006)
A Student Guide to the Rules of Criminal Procedure (West 2006)
Criminal Procedure (Aspen 2006) (with Erwin Chemerinsky)
Criminal Motions Practice (West 2006) (with Alex Riccardulli)
California Criminal Law (West 2005)
California Criminal Procedure (West 2005)
Criminal Law: Cases, Statutes, and Lawyering Strategies (Lexis/Nexus 2005) (with David Crump, Neil P. Cohen, John T. Parry & Penelope Pether)
Federal Criminal Rules Handbook (Thomson/West 2005)
The Glannon Guide to Criminal Law (Aspen 2005)
California Criminal Law (West 2004)
California Criminal Procedure (West 2004)
Federal Criminal Rules Handbook (Thomson/West 2004)
Incorporating Third Party Culpability Into Defense, Loyola Lawyer 40 (Fall 2004)
California Criminal Procedure (2003)
Handbook On Federal Criminal Rules (2003)
White Collar Crime, in Encyclopedia Britannica (2002)
Detention, Material Witnesses & the War on Terrorism, 35 Loyola of Los Angeles Law Review 1217 (2002)
Drug Experts, National Law Journal at B11 (June 10, 2002)
Stun Belts, National Law Journal at B11 (September 9, 2002)
Character Evidence, National Law Journal at B11 (November 2002)
Unconscionable Searches, LA Daily Journal at A7 (December 23, 2002)
Searches 2002, 24 National Law Journal at B10 (January 21, 2002)
Native Son: Prosecution of John Walker Lindh, LA Daily Journal at A7 (January 28, 2002)
Guilty Plea Advice & Ineffective Assistance of Counsel, LA Daily Journal at A7 (April 22, 2002)
Prison Rehabilitation Program Can Require Confession, LA Daily Journal at A7 (August 26, 2002)
New Models for Police Reform, 35 Suffolk Law Review 1 (2001)
Executive Summary: An Independent Analysis of the Los Angeles Police Department's Board of Inquiry Report on the Rampart Scandal," 666 PLI/Lit 169 (2001)
Speaking for History, 49 Clev. St. L. Rev. 439 (2001)
Unnerving the Judges: Judicial Responsibility for the Rampart Scandal 34 Loyola of Los Angeles Law Review 787 (2001)
KARL M. MANHEIM, Professor of Law
The Unitary Executive, 29 Los Angeles Lawyer (Sept. 2006) (with Allan Ides)
Rent Control in the New Lochner Era, UCLA Journal of Environmental Law and Policy (2006)
At the Crossroads of Law and Technology V (symposium introduction), 25 Loyola of Los Angeles Entertainment Law Review 1 (2004-2005)
At the Crossroads of Law & Technology IV (symposium introduction), 24 Loyola of Los Angeles Entertainment Law Review 111 (2004)
An Economic Analysis of Domain Name Policy," 25 Hastings Communication and Entertainment Law Journal 359 (2003) (with Lawrence B. Solum)
At The Crossroads Of Law & Technology: Third Annual Symposium Introduction, 35 Loyola of Los Angeles Law Review 961 (2002)
Biotechnology: The Legal, Practical and Ethical Implications Of Patenting Human Genomes, The Intellectual Property Strategist (Feb, 2002)
DANIEL MARTIN, Director of the Law Library and Professor of Law
Henke’s California Law Guide. 8th Edition. Lexis Publishing, 2006.
Art Law: A Selected Bibliography, published in Art, Artifact & Architecture Law, by Jessica L. Darraby. Thomson West, 2006. Appendix 27A, pp. 1349-1414.
CHRISTOPHER N. MAY, Professor of Law
Constitutional Law: National Power and Federalism (Aspen, 4th ed. 2007) (with Allan Ides)
Constitutional Law: Individual Rights (Aspen, 4th ed. 2007) (with Allan Ides)
Constitutional Law: National Power and Federalism (Aspen, 3d ed. 2004) (with Allan Ides)
Constitutional Law: Individual Rights (Aspen, 3d ed. 2004) (with Allan Ides)
Constitutional Law: National Power and Federalism (with Allan Ides) (Aspen, 2nd Ed. 2001)
Constitutional Law: Individual Rights (with Allan Ides) (Aspen, 2nd Ed. 2001)
THERESE H. MAYNARD, Professor of Law and Leo J. O'Brien Fellow
Securities Regulation (West 2007)
Corporations (West 2006) (audio book)
Mergers and Acquisitions: Cases and Materials (Aspen 2005)
Educating Ethical Business Lawyers in a Post-Enron World, Loyola Lawyer 16 (Fall 2003)
Spinning in a Hot IPO: Breach of Fiduciary Duty or Business as Usual?, 43 William and Mary Law Review 2023 (2002), reprinted in Securities Law Review (Donald Langevoort, ed., 2002) and in 44 Corporate Practice Commentator 567 (2003)
Spinning in a Hot IPO: A Matter of Business Ethics, 16 Insights: Corporate & Securities Law Advisor (2002)
Law Matters. Lawyers Matter, 76 Tulane Law Review 1501 (2002)
Do Lawyers Matter? Loyola Lawyer (August 2002).
GERALD T. MCLAUGHLIN, Dean Emeritus
Remembering the Bay of Pigs: Using Letters of Credit to Facilitate the Resolution of International Disputes, 32 Georgia Journal of International and Comparative Law 743 (2004)
Purchase Money Lending Under Revised Article 9: Teaching an Old Dogma New Tricks, 35 UCC Law Journal 1 (Spring 2003)
Exploring Boundaries: A Legal And Structural Analysis Of The Independence Principle Of Letter Of Credit Law, 119 Banking L.J. 501 (2002)
Revised UCC Article 9 and Letters of Credit, 118 Banking L.J. 901 (2001) (with Paul Turner)
The Receding Horizon, National Law Journal, April 9, 2001
Commercial Law Report, Matthew Bender (with Neil Cohen), 12 issues - 2001
Commercial Law Columnist, New York Law Journal (with Neil Cohen), Monthly 2000 - 2001, Every Two Months - 2002
YXTA MAYA MURRAY, Professor of Law
The Jade Queen (Rayco/HarperCollins, 2005)
Tragicomedy, 48 Howard Law Review 309 (2004)
The Conquest (Harper Collins Publishers 2002)
ALEXANDRA NATAPOFF, Professor of Law
Underenforcement, 75 Fordham L. Rev 1715 (2006). Winner of the 2007 Outstanding Scholarship Award from the AALS Criminal Justice Section; also awarded Honorable Mention in the 2007 AALS Scholarly Papers Competition.
Comment: Beyond Unreliable: How Snitches Contribute to Wrongful Convictions, 37 Golden Gate U. L. Rev. 107 (2006)
Speechless: The Silencing of Criminal Defendants, 80 N.Y.U. L. Rev. 1449 (2005). Winner of the 2004 Outstanding Scholarship Award from the AALS Criminal Justice Section.
Snitching: The Institutional and Communal Consequences, 73 U. Cin. L. Rev. 645 (2004). This article was selected for excellence by the 2004 Stanford/Yale Junior Faculty Forum.
JOHN T. NOCKLEBY, Professor of Law
Introduction: The Economics of Civil Justice, 40 Loyola Law Review (2006)
Encyclopedia of American Civil Liberties (Routledge Reference 2006) (contributor, 11 essays on Forced Speech, Hate Speech, Invasion of Privacy, Legal Realists, Picketing, Prior Restraints, Speech and its Relation to Violence, Traditional Public Forums, FCC v. Pacifica Foundation, Frisby v. Schultz, and Hague v. C.I.O.)
What's a Jury Good For? 11 Voir Dire 6 (2005)
100 Years of Conflict: The Past and Future of “Tort Retrenchment,” 38 Loyola of Los Angeles Law Review 1021 (2005) (with Shannon Curreri)
Access to Justice: Can Business Co-exist with the Civil Justice System? An Introduction, 38 Loyola of Los Angeles Law Review 1009 (2005)
What Ends Does the Tort System Serve?, The Advocate 59 (July 2005)
CyberPrivacy (Harvard Law School, Berkman Center for Law and Technology 2003)
What's Wrong with a National ID?, Loyola Lawyer (Fall, 2002)
CyberPrivacy (Harvard Law School, Berkman Center for Law and Technology 2002)
Privacy in Cyberspace, (published by Berkman Center of Harvard Law School, Spring 2002)
Why Internet Voting?, 34 Loyola of Los Angeles Law Review 1023 (2001)
LEE PETHERBRIDGE, Associate Professor of Law
Roadmap to Revolution? Patent-Based Open Science, Maine Law Review (2007)
The Federal Circuit and Patentability: An Empirical Assessment of the Law of Obviousness, 85 Tex. L. Rev. 2051 (2007) (with R. Polk Wagner)
Positive Examination, 46 IDEA 173 (2006).
Is the Federal Circuit Succeeding? An Empirical Assessment of Judicial Performance, 152 U. Pa. L. Rev. 1105 (2004) (with R. Polk Wagner).
Intelligent TRIPs Implementation: A Strategy for Countries on the CUSP of Development, 22 U. Pa. J. Int'l Econ. L. 1029 (2001), republished at 25 U. Pa. J. Int'l Econ. L. 1133 (2004).
SAMUEL PILLSBURY, Professor of Law
Valuing the Spoken Word: Public Speaking for Lawyers, 34 Capital University Law Review 517 (2006)
Speaking the Language of Evil, in Minding Evil: Explorations of Human Iniquity (M. Breen ed., Rodopi 2005)
Mission to California (2003)
A Different Kind of Courage, A Different Kind of Peace, Ohio State Journal of Criminal Law (2003)
A Problem in Emotive Due Process: California's Three Strikes Law, 6 Buffalo Criminal Law Review 483 (2002)
Crimes Against the Heart: Recognizing the Wrongs of Forced Sex, 35 Loyola of Los Angeles Law Review 845 (2002)
Review Essay, A Rough Country Guide: Double Jeopardy, Doctrine and Realism, Review of George C. Thomas, Double Jeopardy: The History, The Law, 20 Criminal Justice Ethics 52 (2001)
Intoxication, Encyclopedia of Crime and Justice, (2d ed. 2001)
Harlan, Holmes, and the Passions of Justice, in The Passions of Law (S. Bandes ed. NYU 2000) (paper ed. 2001)
KATHERINE PRATT, Professor of Law
Deficits and the Dividend Tax Cut: Tax Policy as the Handmaiden of Fiscal Policy, 41 Ga. L. Rev. 503 (2006)
Federal Income Taxation: Examples and Explanations (4th ed.), Aspen Law & Business (2005) (with Joseph Bankman and Thomas Griffith)
Corporate Cancellation of Indebtedness Income and the Debt-Equity Distinction, 24 Va. Tax Rev. 187 (2004)
Inconceivable? Deducting the Costs of Fertility Treatment, 89 Cornell L. Rev. 101 (2004)
Federal Income Tax: Examples and Explanations (3rd ed.), co-authored with Joseph Bankman and Thomas Griffith (2002)
Tax Savings from Fertility Treatment or Adoption, RESOLVE Newsletter (December 2001)
Babies & Taxes: Are High-Tech Fertility Treatment Costs Deductible? Loyola Lawyer (Fall 2001)
FLORRIE ROBERTS, Professor of Law
The Propriety of a Lis Pendens in Constructive Trust Cases," 38 Seton Hall L. Rev. (forthcoming, 2008)
"Off-Site" Conditions and Disclosure Duties: Drawing the Line at the Property Line, 2006 B.Y.U. L. Rev. 957
Constructive Trusts, Resulting Trusts, and Equitable Liens, California Real Property Remedies and Damages, (Third Edition, CEB, 2004).
Let the Seller Beware: Disclosures, Disclaimers, and "As Is" Clauses, 31 Real Estate Law Journal 303 (Spring 2003)
Disclosure Duties in Real Estate Sales and Attempts to Reallocate the Risk, 34 Connecticut Law Review 1 (2001)
CESARE ROMANO, Associate Professor of Law
Terris, D., Romano, C., Swigart, L., The International Judge: An Introduction to the Men and Women who Decide the World's Cases, UPNE - Oxford University Press, 2007
The Shift from the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent, NYU Journal of International Law and Politics, Vol. 39, No. 4, 2007
Mixed Criminal Tribunals, Max Planck Encyclopedia of Public International Law, 3rd rev. ed., (2007)
Case C-459/03 Commission v. Ireland, American Journal of International Law, Vol. 101 (2007) pp. 171-78
International Dispute Settlement, in Bodansky D., Brunee, J., Hey, E. (eds.), Oxford Handbook of International Environmental Law, Oxford, OUP, 2007
Reforming the United Nations: What about the International Court of Justice?, in ABILA Committee on Intergovernmental Settlement of Disputes, Report, Chinese Journal of International Law, Vol. 5, (2006), pp. 39-65.
International Courts and Tribunals: Price, Financing and Output, in Stefan Voigt, Max Albert & Dieter Schmidtchen, International Conflict Resolution, Conferences on New Political Economy (Jahrbuch für neue Politische Ökonomie) Vol. 23, 2006, pp. 189-245.
Global Courts, in Roland Robertson & Jan Aart Scholte (eds.), Encyclopedia of Globalization, New York, Routledge, 2006
Romano C., Nollkaemper, A., Kleffner, J. (eds.), Internationalized Criminal Courts and Tribunals: Sierra Leone, East Timor, Kosovo and Cambodia, Oxford, OUP, 2004 (ISBN 0199276749).
JENNIFER ROTHMAN, Associate Professor of Law
The Questionable Use of Custom in Intellectual Property, 93 Virginia Law Review (2007)
Initial Interest Confusion: The Diversion of Trademark Law, in Intellectual Property and Information Wealth (ed. Peter Yu, Praeger 2006).
Initial Interest Confusion: Standing at the Crossroads of Trademark Law, 27 Cardozo Law Review 105 (2005).
Copyright Preemption and the Right of Publicity, 36 UC Davis Law Review 199 (2002).
Freedom of Speech and True Threats, 25 Harvard Journal of Law and Public Policy 283 (2001).
DAN SCHECHTER, Professor of Law
Recent Developments in Insolvency and Commercial Finance, California Business Law News (Spring 2006)
Recent Developments in Insolvency Law, California Business Law News (Spring 2004)
The Perfect Storm: Bankruptcy Reform and the Economic Downturn, Loyola Lawyer 10, 2003.
Author, "Commercial Finance Newsletter," a weekly column published by Westlaw, 2002 -- present.
SEAN SCOTT, Professor of Law
Divided Third Circuit Upholds Right of Creditors' Committees to Bring Avoidance Actions, Banking Law Journal (2003)
DAN SELMI, Professor of Law
The Year in Review: Ten Environmental and Land Use Cases From 2006, California Environmental Law Reporter (Feb. 2007) (latest in Professor Selmi's series of “Year in Review” articles published annually since the inception of the Reporter in 1991)
2006 Annual Update to State Environmental Law (West) (two-volume treatise updated annually)
Themes in the Evolution of the State Environmental Policy Acts, 38 Urban Lawyer 947 (2006)
The Promise and Limits of Negotiated Rulemaking: Evaluating the Negotiation of a Regional Air Quality Rule, 35 Environmental Law 415 (2005).
Casebook, Land Use Regulation: Cases and Materials (2d ed. 2004) (with J. Kushner) (Aspen Law and Business) (with new Teacher's Manual)
Chapter, “Moratoria and Takings Theory,” in T. Roberts (ed.), Takings Sides on Takings (American Bar Association Section on Local Government Law, 2002) (and 2003 supplement to chapter )
Reconsidering the Use of Direct Democracy in Making Land Use Decisions, 19 UCLA Journal of Environmental Law 293 (2001-02)
Supplement, STATE ENVIRONMENTAL LAW, West Publishers (2002)
The California Environmental Quality Act Approaches 30 Years of Age: Recent Decisions and Some Surprising New Directions (Institute of Planning, Zoning & Eminent Domain 2001)
THEODORE P. SETO, Professor of Law
Understanding the U.S. News Law School Rankings, 60 SMU Law Review (2007)
The Assumption of Selfishness in the Internal Revenue Code: Reflections on the Unintended Tax Advantages of Gay Marriage, Loyola-LA Legal Studies Paper No. 2005-33
A General Theory of Normativity, Loyola-LA Public Law Research Paper No. 2003-26
Inside Zarin, 59 SMU Law Review 1761 (2006)
Tax and Disability: Ability to Pay and the Taxation of Difference, 154 University of Pennsylvania Law Review 1053 (2006) (with Sande Buhai)
Originalism vs. Precedent: An Evolutionary Perspective, 38 Loyola of Los Angeles Law Review 2001 (2005)
Reframing Evil in Evolutionary and Game Theoretic Terms, in Understanding Evil: An Interdisciplinary Approach 19-32 (Sönser Breen, ed. 2003)
Preface: The Fundamental Problem of International Taxation, 23 Loyola L.A. Int'l & Comp. L. Rev. 529 (2001) (with Michael Lebovitz)
The Morality of Terrorism, 35 Loyola L.A. L. Rev. 1227 (2002)
Intergenerational Decision Making: An Evolutionary Perspective, 35 Loyola of Los Angeles Law Review 235 (2001)
JOSEPH SLISKOVICH, Professor of Law
The Jurisprudence of Yogi Berra, 46 Emory Law Journal 697 (1997) (one of 39 authors)
MARCY STRAUSS, Professor of Law
Understanding Davis, Loyola Law Review (2006)
The Lessons of Abu Ghaib, Ohio State L.J., (2005)
Torture, 48 New York Law Review 201 (2003-04)
Reconstructing Consent, 92 Journal of Criminal Law and Criminology 211 (2002)
Silence, 35 Loyola of Los Angeles Law Review 101 (2001)
PETER TIERSMA, Professor of Law and Joseph Scott Fellow
The Textualization of Precedent, accepted for publication by Notre Dame Law Review.
Communicating with Juries: How to Draft More Understandable Jury Instructions
(National Center for State Courts 2006)
Some Myths About Legal Language, 2 Law, Culture and Humanities 29 (2006).
The Language Of Legal Texts, in Encyclopedia of Language and Linguistics (2nd Ed., Keith Brown (ed.), 2006).
Speaking of Crime: The Language of Criminal Justice (2005) (with Lawrence Solan)
Language Wars Truce Accepted (with Conditions), 8 Green Bag 2d 281 (2005).
Categorical Lists in the Law, in Vagueness in Normative Texts (Vijay K. Bhatia, Jan Engberg, Maurizio Gotti, and Dorothee Heller eds., 2005).
Did Clinton Lie? Defining "Sexual Relations," 79 Chicago Kent Law Review 927 (2004).
Language on Trial: Linguistics and the Criminal Law ( University of Chicago Press, 2004) (with Lawrence Solan)
Cops and Robbers: Selective Literalism in American Criminal Law, 38 Law and Society Review 229 (2004) (with Lawrence Solan)
Jury Questions: An Update to Kalven and Zeisel, 39 Criminal Law Bulletin 10 (2003)
Falling on Deaf Ears: Scientists Say That Earwitnesses are Unreliable. Why Aren’t Courts Listening? Legal Affairs 71 (Nov./Dec. 2003) (with Lawrence Solan)
From Speech to Writing: Textualization and its Consequences, in Language and the Law: Proceedings of a Conference (Marlyn Robinson ed., Hein & Co. 2003)
Hearing Voices: Speaker Identification in American Courts, 54 Hastings Law Journal 373 (2003) (coauthored with Lawrence Solan).
The Linguist on the Witness Stand: Forensic Linguistics in American Courts, 8 Language 221 (2002) (with Lawrence Solan)
The Language and Law of Product Warnings in Language in the Legal Process (Janet Cotterill Ed., 2002)
Forensic Linguistics in American Courts (to appear in Language; with Lawrence Solan)
A Message in a Bottle: Text, Autonomy, and Statutory Interpretation, 76 Tulane Law Review 431 (2001)
Textualizing the Law, 8 Forensic Linguistics 73 (2001)
The Rocky Road to Legal Reform: Improving the Language of Jury Instructions, 66 Brooklyn Law Review 1081 (2001)
A Missed Opportunity: United States Supreme Court Upholds a Convoluted Death Penalty Instruction, 46 Clarity 20 (2001)
GEORGENE M. VAIRO, Professor of Law and William M. Rains Fellow
Why Me? The Role of Private Trustees in Complex Claims Resolution, The Civil Trial: Adaptations and Alternatives, 57 Stanford L. Rev. 1391 (2005)
Global Peace For Whom? Finality and Due Process (National Conference of Bankruptcy Judges November 2005)
Foreword, Developments in the Law: Electronic Discovery, 38 Loyola L. Rev. 1529 (2005).
ExxonMobil Corp. v. Allapattah Servs., Inc.: The Supreme Court Takes a Broad View of Supplemental Jurisdiction, 2005 Moore's Federal Practice Update, Issue 8 at 1 (August 2005)
Commentary and Analysis, Class Action Fairness Act of 2005 (Moore 's Federal Practice, LexisNexis 2005)
Is Forum Shopping Unethical?, Loyola Lawyer 4 (Fall 2005).
Mass Tort Bankruptcies: The Who, The Why and the How, 78 Amer. Bank. L.J. 93 (2004)
Happy(?) Birthday Rule 11, 37 Loyola of Los Angeles L. Rev. 515 (2004)
Forum Selection Development Symposium, Loyola of Los Angeles Law Review (2004)
Rule 11 Sanctions: Case Law Perspectives and Preventive Measures (American Bar Association 3d ed. 2003)
Through the Prism: Summary Judgment And The Trilogies, Civil Practice and Litigation Techniques in Federal and State Courts Volume II, January 2003
Problems in Federal Forum Selection and Concurrent Federal and State Jurisdiction, Civil Practice and Litigation Techniques in Federal and State Courts Volume II, January 2003
28 U.S.C. § 1651: Modern Uses of the All Writs Act, NITA (online; Spring 2003)
Remedies for Victims of Terrorism, 35 Loyola of Los Angeles Law Review 1265 (2002)
Remedies for Victims of Terrorism, Loyola Lawyer (Fall 2002)
Trends in Federalism and What They Mean for State Courts, ATLA Trial Journal (Fall 2002)
Thank You, John, 70 Fordham L. Rev. 2191 (2002)
Civil Practice and Litigation Techniques in Federal and State Courts, SF42 ALI-ABA 367 (Feb. 28, 2001)
MICHAEL WATERSTONE, Associate Professor of Law
Natural Disasters and People with Disabilities, chapter in LAW, PROPERTY, & SOCIETY, Ashgate Press (2007) (with Janet Lord and Michael Stein).
A New Vision of Public Enforcement, 92 Minn. L. Rev. __ (2007)
Disability, Disparate Impact, and Class Actions, 56 Duke Law Review 861 (2006) (with Michael Stein).
Emergency Preparedness and People with Disabilities, 30 Mental & Physical Disability L. Reporter ___ (2006) (with Michael Stein).
Foreward, 75 Miss. L.J. 1 (2006) (symposium on disability law)
Disability and Employment Discrimination at the Rehnquist Court, 75 Miss. L.J. ___ (2006) (with Anita Silvers and Michael Stein) (symposium on disability law)
A CASEBOOK ON DISABILITY CIVIL RIGHTS LAW, with Blanck, Hill, and Siegal, West Group Publishing (2005).
Reevaluating the Administration of Elections, UM Lawyer Magazine (2005).
The Untold Story of the Rest of the Americans with Disabilities Act, 58 Vanderbilt Law Review 1807 (2005).
Lane, Fundamental Rights, & Voting, 56 Alabama Law Review 793 (2005).
Political Participation for People with Disabilities, chapter in CRITICAL PERSPECTIVES ON HUMAN RIGHTS, Brill Publishers (2005).
Disability Law, chapter in ENCYCLOPEDIA ON DISABILITY, Sage Publications. (2004)
Civil Rights and the Administration of Elections - Toward A Universal Voting Standard, 8 Journal of Gender, Race, & Justice 99 (2004) (symposium on disability law).
DISABILITY CIVIL RIGHTS LAW & POLICY, with Blanck, Hill, and Siegal, West Group Publishing (2003).
Constitutional and Statutory Voting Rights for People with Disabilities, 14 Stanford Law & Policy Review 353 (2003) (symposium on disability law).
Disability and Voting - The (As Of Yet) Unfulfilled Potential of the ADA and Rehabilitation Act, Information Technology and Disabilities, (2004).
KIMBERLY WEST-FAULCON, Associate Professor of Law
Randolph County: A Game of Discovery, Center for Computer-Assisted Legal Instruction (CCALI), Copyright 2003 (civil procedure instructional computer game) (with Owen M. Fiss and Ronald F. Wright).
LAUREN WILLIS, Associate Professor of Law
Decisionmaking and the Limits of Disclosure: The Problem of Predatory Lending: Price, 65 Maryland L. Rev. 707 (2006) (lead article)
Decisionmaking & the Limits of Disclosure: The Problem of Predatory Lending (Working Paper), American Law & Economics Association 15th Annual Meeting, Working Paper 2 (April 2005)
GARY WILLIAMS, Professor of Law
Incubating Monsters? Prosecutorial Responsibility for the Rampart Scandal, 34 Loyola Law Review 829 (2001)