Jesse M. Cross
Assistant Professor of Law
The Staffer's Error Doctrine, 56 HARVARD JOURNAL ON LEGISLATION 83 (2019).
When Courts Should Ignore Statutory Text, 26 GEORGE MASON LAW REVIEW __ (forthcoming).
Recent & Forthcoming Faculty Scholarship
(organized by topic)
Clinton Wallace
Assistant Professor of Law
Centralized Review of Tax Regulations, 70 ALABAMA LAW REVIEW 455 (2018). [SSRN]
Duncan Alford
Associate Dean for the Law Library and Professor of Law
Central Bank Independence: Recent Innovation in Human History, 136 BANKING LAW JOURNAL __(2019).
The Operation of Supervisory Colleges after the Single Supervisory Mechanism of the European Banking Union, 136 BANKING LAW JOURNAL 65 (2019)
How to Ensure Your Supervisory College Meeting is an Abysmal Failure, BNA BANKING AND FINANCIAL SERVICES POLICY REPORT (Oct. 2018)
Jaclyn A. Cherry
Associate Professor of Law
Nonprofit Governance: Who Should Be Watching? A Look at State, Federal and Dual Regulation, 13 OHIO STATE BUSINESS LAW JOURNAL 145 (2019). [SSRN]
Susan S. Kuo
Associate Dean for Diversity and Inclusion; Professor of Law and Class of 1969 Chair for Teaching Excellence
The Political Economy of Corporate Exit, 71 VANDERBILT LAW REVIEW 1293 (2018) (with Benjamin Means). [SSRN]
Benjamin Means
Professor of Law
Entrepreneurial Action in Family-Controlled Companies, in THE HANDBOOK ON LAW AND ENTREPRENEURSHIP IN THE UNITED STATES (Christine Hurt and Gordon Smith eds.) __(forthcoming 2019).
The Value of Insider Control, 60 WILLIAM & MARY LAW REVIEW 891 (2019). [SSRN]
The Political Economy of Corporate Exit, 71 VANDERBILT LAW REVIEW 1293 (2018) (with Susan S. Kuo). [SSRN]
THE CAMBRIDGE HANDBOOK OF SOCIAL ENTERPRISE LAW (with Joseph Yockey) (2018). [LINK]
Josh Gupta-Kagan
Associate Professor of Law
America’s Hidden Foster Care System, 72 STANFORD LAW REVIEW __(forthcoming 2020)
Reevaluating School Searches Following School-to-Prison Pipeline Reforms, 87 FORDHAM LAW REVIEW 2013 (2019). [SSRN]
Rethinking Family Court Prosecutors: Elected and Agency Prosecutors and Prosecutorial Discretion in Juvenile Delinquency and Child Protection Cases, 85 UNIVERSITY OF CHICAGO LAW REVIEW 743 (2018). [SSRN]
The Intersection Between Young Adult Sentencing and Mass Incarceration, 2018 WISCONSIN LAW REVIEW 669 (2018). [SSRN]
Lisa V. Martin
Assistant Professor of Law
Litigation as Parenting, 95 NEW YORK UNIVERSITY LAW REVIEW __(forthcoming 2020).
No Right to Counsel, No Access Without: The Poor Child’s Unconstitutional Catch-22, 71 FLORIDA LAW REVIEW 831 (2019). [SSRN]
Restraining Forced Marriage, 18 NEVADA LAW JOURNAL 919 (2018). [SSRN]
Marcia A. Yablon-Zug
Professor of Law
ICWA International: The Benefits and Dangers of Enacting ICWA Type Legislation in Non-U.S. Jurisdictions, 97 DENVER LAW REVIEW __(forthcoming, 2020).
Colin Miller
Associate Dean for Faculty Development; Thomas H. Pope Professor of Law in Trial Advocacy
SOUTH CAROLINA CIVIL PROCEDURE (4th ed. 2019) (with Joel Samuels)(forthcoming).
Joel Samuels
Professor of Law; Director, Rule of Law Collaborative
SOUTH CAROLINA CIVIL PROCEDURE (with Colin Miller) (4th ed. 2019) (forthcoming).
Thomas P. Crocker
N. Heyward Clarkson Professor of Law
OVERCOMING NECESSITY: EMERGENCY, CONSTRAINT, AND THE MEANINGS OF AMERICAN CONSTITUTIONALISM (Yale University Press, forthcoming 2020).
Constitutions, Rule Following, and the Crisis of Constraint, 24 LEGAL THEORY 3 (2018) (with M. Hodges) (peer review).
Colin Miller
Associate Dean for Faculty Development; Thomas H. Pope Professor of Law in Trial Advocacy
The Right to Evidence of Innocence Before Pleading Guilty, U.C. DAVIS LAW REVIEW __(forthcoming).
Why States Must Consider Innocence Claims After Guilty Pleas, U.C. IRVINE LAW REVIEW __(forthcoming).
Plea Agreements as Constitutional Contracts, 97 NORTH CAROLINA LAW REVIEW 31 (2018).
Aparna Polavarapu
Assistant Professor of Law
Global Carceral Feminism and Domestic Violence: What the West Can Learn from Reconciliation in Uganda, 42 HARVARD JOURNAL OF LAW & GENDER 123 (2019). [SSRN]
Wadie E. Said
Professor of Law
Law Enforcement in the American Security State, 2019 WISCONSIN LAW REVIEW __(forthcoming 2019).
The Continuing Salience of the Terrorism Prosecution, COMPARATIVE STUDIES OF SOUTH ASIA, AFRICA, AND THE MIDDLE EAST __(forthcoming 2019) (peer reviewed).
Limitless Discretion in the Wars on Drugs and Terror, 89 UNIVERSITY OF COLORADO LAW REVIEW 93 (2018). [SSRN]
CRIMES OF TERROR (paperback, 2018).
Susan S. Kuo
Associate Dean for Diversity and Inclusion; Professor of Law and Class of 1969 Chair for Teaching Excellence
The Uneasy Case for Disaster Buyouts, in CLIMATE DISASTER LAW: BARRIERS AND OPPORTUNITIES (Rosemary Lyster & Robert R.M. Verchick, eds. 2018) (Edward Elgar).
Derek Black
Professor of Law and Class of 1959 Chair for Legal Research
Educational Gerrymandering: Money, Motives, and Constitutional Rights, 94 NEW YORK UNIVERSITY LAW REVIEW __(forthcoming 2020).
The Right to Education, Equal Opportunity, and the Schoolhouse Gate, 128 YALE LAW JOURNAL __(forthcoming 2019) (review essay with Michelle Adams).
The Fundamental Right to Education, 94 NOTRE DAME LAW REVIEW 1059 (2019).
The Constitutional Compromise to Guarantee Education, 70 STANFORD LAW REVIEW 735 (2018). [SSRN]
Preferencing Educational Choice: The Constitutional Limits, 103 CORNELL LAW REVIEW 1359 (2018). [SSRN]
Claire S. Raj
Assistant Professor of Law
Disability Law as an Agent of School Reform, 94 WASHINGTON LAW REVIEW __(forthcoming 2019).
Coerced Choice: School Vouchers and Students with Disabilities, 68 EMORY LAW JOURNAL 1037 (2019).
Disability, Discipline, and Illusory Student Rights, 65 UCLA LAW REVIEW 860 (2018).
Emily Suski
Assistant Professor of Law
The Title IX Paradox, 108 CALIFORNIA LAW REVIEW __(forthcoming, 2020).
The School Civil Rights Vacuum, 66 UCLA LAW REVIEW 720 (2019).
The Privacy of the Public Schools, 77 MARYLAND LAW REVIEW 427 (2018). [SSRN]
Josh Eagle
Solomon Blatt Professor of Law
OCEAN AND COASTAL RESOURCES LAW, 3d ed. (2019) (with Shi-Ling Hsu).
Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty and the Right to Exclude, 93 WASHINGTON LAW REVIEW 1181 (2018). [LINK]
Who Owned the Lucas Lots? What "No Property" Looks Like on the Beach, 53 REAL PROPERTY, TRUST & ESTATE LAW JOURNAL 90 (2018). [LINK] (PDF)
Susan S. Kuo
Associate Dean for Diversity and Inclusion; Professor of Law and Class of 1969 Chair for Teaching Excellence
The Uneasy Case for Disaster Buyouts, in CLIMATE DISASTER LAW: BARRIERS AND OPPORTUNITIES (Rosemary Lyster & Robert R.M. Verchick, eds. 2018) (Edward Elgar).
Nathan Richardson
Associate Professor of Law
Social License to Regulate: Consumer-Producer Collusion and Related Policy Risks for Consumer-Facing Regulation, 86 UNIVERSITY OF CINCINNATI LAW REVIEW 153 (2018).
Shelley Welton
Assistant Professor of Law
Decarbonization in Democracy, __ UCLA LAW REVIEW __(forthcoming 2020).
Clean Energy Justice: Charting an Emerging Agenda, __HARVARD ENVIRONMENTAL LAW REVIEW __(forthcoming 2019) (with Joel Eisen). [SSRN]
Grasping for Energy Democracy, 116 MICHIGAN LAW REVIEW 581 (2018). [SSRN]
Electricity Markets and the Social Project of Decarbonization, 118 COLUMBIA LAW REVIEW 1067 (2018). [SSRN]
Jacqueline R. Fox
Professor of Law
The Private Insurance Market: Not Very Big and Not Insuring Much, Either, 46 JOURNAL OF LAW MEDICINE AND ETHICS 877 (2018).
Clinton Wallace
Assistant Professor of Law
Equitable Health Savings Accounts, 55 HARVARD JOURNAL ON LEGISLATION __(forthcoming 2019) (with Samuel Estreicher).
Marcia A. Yablon-Zug
Professor of Law
ICWA International: The Benefits and Dangers of Enacting ICWA Type Legislation in Non-U.S. Jurisdictions, 97 DENVER LAW REVIEW __(forthcoming, 2020).
Aparna Polavarapu
Assistant Professor of Law
Global Carceral Feminism and Domestic Violence: What the West Can Learn from Reconciliation in Uganda, 42 HARVARD JOURNAL OF LAW & GENDER 123 (2019). [SSRN]
Ann M. Eisenberg
Assistant Professor of Law
Just Transitions, 92 SOUTHERN CALIFORNIA LAW REVIEW 2 (2019). [SSRN]
Joseph Seiner
Oliver Ellsworth Professor of Federal Practice
THE VIRTUAL WORKPLACE: DEFINING EMPLOYMENT IN THE MODERN ECONOMY (forthcoming, 2020).
Platform Pleading, 94 WASHINGTON LAW REVIEW __(forthcoming 2019).
The Discrimination Presumption, 94 NOTRE DAME LAW REVIEW __(forthcoming, 2019).
Harrassment, Technology, and the Modern Worker, 18 EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL 85 (2019).
EMPLOYMENT DISCRIMINATION: PROCEDURE, PRINCIPLES & PRACTICE, 2d Ed (Aspen Publishers 2019).
A Modern Union for the Modern Economy, 86 FORDHAM LAW REVIEW 1727 (2018) (with J. Hirsch).
Elizabeth Chambliss
Henry Harman Edens Professor of Law and Director, NMRS Center on Professionalism
Afterword, in MODERNISING LEGAL EDUCATION (Catrina Denvir, ed., Cambridge University Press, forthcoming 2020).
Evidence-Based Lawyer Regulation, 97 WASHINGTON UNIVERSITY LAW REVIEW __(forthcoming, 2019).
Marketing Legal Assistance, 148 DAEDALUS 98 (2019). [LINK]
Lisa A. Eichhorn
Director of Legal Writing & Professor of Law
Heated Debate and the Frozen Trucker: Argumentative Moves in Judicial Opinions Reviewing Agency Decisions, in PROCEEDINGS OF THE NINTH CONFERENCE OF THE INTERNATIONAL SOCIETY FOR THE STUDY OF ARGUMENTATION 319 (Bart Garssen et al. eds., 2019). [LINK]
Wadie E. Said
Professor of Law
Law Enforcement in the American Security State, 2019 WISCONSIN LAW REVIEW __(forthcoming 2019).
The Continuing Salience of the Terrorism Prosecution, COMPARATIVE STUDIES OF SOUTH ASIA, AFRICA, AND THE MIDDLE EAST __(forthcoming 2019) (peer reviewed).
Limitless Discretion in the Wars on Drugs and Terror, 89 UNIVERSITY OF COLORADO LAW REVIEW 93 (2018). [SSRN]
CRIMES OF TERROR (paperback, 2018).
Jaclyn A. Cherry
Associate Professor of Law
Nonprofit Governance: Who Should Be Watching? A Look at State, Federal and Dual Regulation, 13 OHIO STATE BUSINESS LAW JOURNAL 145 (2019). [SSRN]
Commercial Activity and the Operational Test, 29 TAXATION OF EXEMPTS 9 (2018) (invited).
Property Tax Exemption for Charitable Nonprofit Organizations: A Uniform Possibility, 18 WAKE FOREST JOURNAL OF BUSINESS & INTELLECTUAL PROPERTY LAW 1 (2018). [LINK]
Seth Stoughton
Associate Professor of Law
Regulating Police Violence, in CRITICAL ISSUES IN POLICING (8th ed.) (forthcoming from Waveland Press, 2020).
EVALUATING POLICE USES OF FORCE (forthcoming from NYU Press, Spring 2020).
Police Misconduct, in LEGAL ISSUES ACROSS THE GLOBE, Vol. I (Thomas Riggs, ed., 2018).[SSRN]
The Legal Framework for Evidence-Based Policing in the United States, in EVIDENCE-BASED POLICING: AN INTRODUCTION (Renée J. Mitchell & Laura Huey, eds., 2018). [SSRN]
Police Body-Worn Cameras, 96 NORTH CAROLINA LAW REVIEW 1363 (2018). [SSRN]
Susan S. Kuo
Associate Dean for Diversity and Inclusion; Professor of Law and Class of 1969 Chair for Teaching Excellence
The Political Economy of Corporate Exit, 71 VANDERBILT LAW REVIEW 1293 (2018) (with Benjamin Means). [SSRN]
Benjamin Means
Professor of Law
The Political Economy of Corporate Exit, 71 VANDERBILT LAW REVIEW 1293 (2018) (with Susan S. Kuo). [SSRN]
F. Ladson Boyle
Charles E. Simons, Jr. Distinguished Professor Emeritus of Federal Law
BLATTMACHR ON INCOME TAXATION OF ESTATES AND TRUSTS (with Jonathan G. Blattmachr) (17th ed. 2018 PLI).
IRD and Charities: The Separate Share Regulations and the Economic Effect Requirement, 52 REAL PROPERTY, TRUST AND ESTATE LAW JOURNAL 369 (2018) (with Jonathan G. Blattmachr).
Planning Opportunities with ESBTs: Saving State and Local Income Taxes, 129 JOURNAL OF TAXATION 20 (2018) (with Jonathan G. Blattmachr and Mitchell M. Gans).
Jaclyn A. Cherry
Associate Professor of Law
Commercial Activity and the Operational Test, 29 TAXATION OF EXEMPTS 9 (2018) (invited).
Property Tax Exemption for Charitable Nonprofit Organizations: A Uniform Possibility, 18 WAKE FOREST JOURNAL OF BUSINESS & INTELLECTUAL PROPERTY LAW 1 (2018). [LINK]
Clinton Wallace
Assistant Professor of Law
Tax Policy and Our Democracy, 118 MICHIGAN LAW REVIEW __(forthcoming 2020) (book review)
Equitable Health Savings Accounts, 55 HARVARD JOURNAL ON LEGISLATION 395 (2019) (with Samuel Estreicher).
THE INDIVIDUAL TAX BASE: CASES, PROBLEMS, AND POLICIES IN FEDERAL TAXATION (3d ed.,West American Casebook Series 2019) (with Laurie L. Malman & Linda F. Sugin)
Centralized Review of Tax Regulations, 70 ALABAMA LAW REVIEW 455 (2018). [SSRN]
David Owen
Carolina Distinguished Professor of Law Emeritus
OWEN & DAVIS ON PRODUCTS LIABILITY (with Mary J. Davis) (4th ed. Supp. 2019).
2019-2020 CASE AND STATUTE SUPPLEMENT: PRODUCTS LIABILITY AND SAFETY CASES AND MATERIALS (with Mary J. Davis) (7th ed. Supp. 2019).
Products Liability Law in America and Europe, in HANDBOOK OF RESEARCH ON INTERNATIONAL CONSUMER LAW, ch. 9 (with G. Howells) (2d ed. 2018).