Scholarship@WashULaw
Explore the scholarship and commentary of the faculty of Washington University in St. Louis School of Law. This collection represents only a small subset of our faculty scholarship, but is growing daily.
Submissions from 2009
Working Group on Chapter 4 of the Proposed Restatement of Employment Law: The Tort of Wrongful Discipline in Violation of Public Policy, Pauline Kim, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine Fisk, and Roberto L. Corrada
How Should We Study District Judge Decision-Making?, Pauline Kim, Margo Schlanger, Christina L. Boyd, and Andrew D. Martin
An Empirical Examination of Access to Chapter 7 Relief by Pro Se Debtors, Rafael I. Pardo
Failing to Answer Whether Bankruptcy Reform Failed: A Critique of the First Report from the 2007 Consumer Bankruptcy Project, Rafael I. Pardo
Setting the Record Straight: A Sur-Reply to Professors Lawless et al, Rafael I. Pardo
The Real Student-Loan Scandal: Undue Hardship Discharge Litigation, Rafael I. Pardo and Michelle R. Lacey
Privacy and the Limits of History, Neil M. Richards
Rethinking Free Speech and Civil Liability, Neil M. Richards and Daniel J. Solove
Submissions from 2008
Beyond Discretion: Prosecution, the Logic of Sovereignty, and the Limits of Law, Conor Clarke and Austin Sarat
Adult Complicity in the Dis-Education of the Black Male High School Athlete & Societal Failures to Remedy His Plight, Kimberly Jade Norwood
Obama’s Lessons for Public Education, Kimberly Jade Norwood
Illness and Inability to Repay: The Role of Debtor Health in the Discharge of Educational Debt, Rafael I. Pardo
The Utility of Opacity in Judicial Selection, Rafael I. Pardo
An Empirical Investigation into Appellate Structure and the Perceived Quality of Appellate Review, Rafael I. Pardo and Jonathan Remy Nash
Examining the Perceived Quality of Appellate Review in the Bankruptcy System, Rafael I. Pardo and Jonathan Remy Nash
Intellectual Privacy, Neil M. Richards
The Paradox of Financial Services Regulation: Preserving Client Expectations of Loyalty in an Industry Rife with Conflicts of Interest, Andrew F. Tuch
Submissions from 2007
Lower Court Discretion, Pauline Kim
The Story of Luck v. Southern Pacific Transportation Co.: The Struggle to Protect Employee Privacy., Pauline Kim
Substantive Media Regulation in Three Dimensions, Gregory P. Magarian
The Jurisprudence of Colliding First Amendment Interests: From the Dead End of Neutrality to the Open Road of Participation-Enhancing Review, Gregory P. Magarian
Blackthink's™ Acting White Stigma in Education and How it Fosters Academic Paralysis in Black Youth, Kimberly Jade Norwood
The Blackness of Obama, Kimberly Jade Norwood
Analyzing Chapter 7 Abuse Dismissal Motions Post-BAPCPA: A Reply on Cortez, Rafael I. Pardo
Eliminating the Judicial Function in Consumer Bankruptcy, Rafael I. Pardo
Privacy's Other Path: Recovering the Law of Confidentiality, Neil M. Richards and Daniel J. Solove
Private Equity and Corporate Control Transactions: The State of Corporate Enterprise, Andrew F. Tuch
Securities Underwriters in Public Capital Markets: The Existence, Parameters and Consequences of the Fiduciary Obligation to Avoid Conflicts, Andrew F. Tuch
Submissions from 2006
Complexity, Contingency, and Change in Law's Knowledge Practices: An Introduction, Conor Clarke, Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey
The Adventure(s) of Blackness in Western Culture: An Epistolary Exchange on Old and New Identity Wars, Adrienne D. Davis and Robert S. Chang
Collective and Individual Approaches to Protecting Employee Privacy: The Experience with Workplace Drug Testing, Pauline Kim
Market Triumphalism, Electoral Pathologies, and the Abiding Wisdom of First Amendment Access Rights, Gregory P. Magarian
Privacy Law in the New Millennium: A Tribute to Richard C. Turkington, Gregory P. Magarian
The Pragmatic Populism of Justice Stevens's Free Speech Jurisprudence Symposium: The Jurisprudence of Justice Stevens: Panel V: First Amendment/Voting Rights, Gregory P. Magarian
The Information Privacy Law Project, Neil M. Richards
Contemporary Challenges in Takeovers: Avoiding Conflicts, Preserving Confidences and Taming the Commercial Imperative, Andrew F. Tuch
Investment Banking: Immediate Challenges and Future Directions, Andrew F. Tuch
Obligations of Financial Advisers in Change-of-Control Transactions: Fiduciary and Other Questions, Andrew F. Tuch
Submissions from 2005
Disclosure as a Strategy in the Patent Race, Scott Baker and Claudio Mezzetti
Three Jeromes: A Tribute to Professor Jerome McCristal Culp, Jr., Adrienne D. Davis
Substantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech, Gregory P. Magarian
Undue Hardship in the Bankruptcy Courts: An Empirical Assessment of the Discharge of Educational Debt, Rafael I. Pardo and Michelle R. Lacey
Reconciling Data Privacy and the First Amendment, Neil M. Richards
Investment Banks as Fiduciaries: Implications for Conflicts of Interest, Andrew F. Tuch
Submissions from 2004
The Political Delinquent: Crime, Deviance, and Resistance in Black America, Trevor George Gardner
The Family and Medical Leave Act of 1993: Ten Years of Experience: Introduction, Pauline Kim
The Supreme Court Forecasting Project: Legal and Political Science Approaches to Predicting Supreme Court Decisionmaking, Pauline Kim, Theodore W. Ruger, Andrew D. Martin, and Kevin M. Quinn
Above the Law: President Bush and the Constitution, Gregory P. Magarian
The First Amendment, the Public-Private Distinction, and Nongovernmental Suppression of Wartime Political Debate, Gregory P. Magarian
The Virulence of Blackthink™ and How Its Threat of Ostracism Shackles Those Deemed Not Black Enough, Kimberly Jade Norwood