Recent Faculty Scholarship

 
Professor Miller       

Eudaimonia in America

In this brief essay, Professor Miller distinguishes philosophical liberalism from pragmatic liberalism, and argues that pragmatic liberalism can be attractively reconciled with a commitment to the Aristotelian-Thomistic moral tradition.  To read the paper, click here and then press the “download this paper” button.

 
Professor VanderVelde       

The Proposed Restatement of Employment Law at Midpoint

In this introduction to a collection of papers concerning the ongoing Restatement of Employment Law project, Professor VanderVelde argues that more sophisticated research needs to be conducted concerning the law of the fifty states before the Restatement project proceeds further.  To read the paper, click here and then press the “download this paper” button.

 
Professor Rantanen       

The Psuedo-Elimination of Best Mode: Worst Possible Choice?

In this brief paper, Professor Rantanen and his coauthor suggest that through the “pseudo-elimination” of patent law’s ”best mode” requirement in recent legislation, Congress may have failed to achieve the goal of leveling the playing field between U.S. and foreign applicants.  To read the paper, click here and then press the “download this paper” button.

 
Professor Onwuachi-Willig       

Next-Generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance

In this review of two recent books, Professor Onwuachi-Willig and her coauthor explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties.  To read the paper, click here and then press the “Download this Paper” button.

 
Professor Gowder       

Equal Law in an Unequal World

In this paper, Professor Gowder aims to carry out three tasks:  clarify what it takes for the state to satisfy the rule-of-law demand that the laws must be general; show that the evaluation of whether a society comports with the rule of law does not depend solely on facts about the legal system, but also on a host of other non-legal social facts; and show that the rule of law generates a critique of economic injustice.  To read the paper, click here and then press the “Download this Paper” button.

 
Professor Rantanen       

The Federal Circuit’s New Obviousness Jurisprudence: An Empirical Study

In this article, Professor Rantanen empirically examines the extent to which the Supreme Court’s 2007 ruling in KSR v. Teleflex has changed the way the Federal Circuit rules on the issue of whether patents were obvious and has changed the way the Federal Circuit speaks about the matter.  To read the article, click here and then press the “Download this Paper” button.

 
Professor Somek       

The Preoccupation with Rights and the Embrace of Inclusion: A Critique

In this essay, Professor Somek argues that the European Union is an agent of inclusion, but is not an agent of justice when it comes to distributing the benefits and burdens of social cooperation.  To read the essay, click here and then press the “Download this Paper” button.

 
Professor Weston       

Green Governance: Ecological Survival, Human Rights, and the Law of the Commons

With his co-author David Bollier, Professor Weston responds in this book to growing and grave concerns about global climate change.  They propose a synthesis of environmental protection based on broad notions of economics and human rights and on commons-based governance.  To read the book’s Table of Contents and Introduction, click here and then press the “Download this Paper” button.

 
Professor Hovenkamp       

The Classical American State and the Regulation of Morals

In this paper, Professor Hovenkamp traces the enduring support of government regulation of morals through key periods of American history, even as attitudes about other dimensions of government regulation were shifting dramatically.  To read the paper, click here and then press the “Download this Paper” button.

 
Professor Yockey       

Choosing Governance in the FCPA Reform Debate

In this article, Professor Yockey aims to transcend an ongoing debate about whether the Foreign Corrupt Practices Act is overenforced.  He recommends a shift of focus toward regulatory strategies designed around principles of collaboration and experimentation that fall within the category of “new governance.”  To read the article, click here and then press the “download this paper” button.