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Cornell Law School
Cornell University Library
Sherry F. Colb 
Professor of Law and Charles Evans Hughes Scholar
Books
When Sex Counts: Making Babies and Making Law (Rowman and Littlefield, 2007).
Contributions to Books
"What is a Search? Two Conceptual Flaws in Fourth Amendment Doctrine & Some Hints of a Remedy", in Cynthia Lee, Searches and Seizures: The Fourth Amendment: Its Constitutional History and Contemporary Debate (2010) ;  reprinted from  55 Stanford Law Review 119 (2002);  Civil Rights Litigation & Attorneys Fees Annual Handbook, (Thomson West, Steven Saltzman. ed. 2003), and excerpted in 30 Search and Seizure Law Report, no. 10 (2003).
Commentaries in Criminal Law Conversations (New York: Oxford University Press, P Robinson, S Garvey; K Ferzan eds., 2009):
"Justifying Homicide Against Innocent Aggressors Without Denying Their Innocence"; "Conversation Before Penetration?"; "Rejecting Jury Nullification"; "Jury Nullification and Erroneous Acquittals: Getting the Causation Backwards"; "Making Sense of Entrapment Law After the Death of Lochner"; "Retaining Remorse"; "Not By Cognition Alone".
"A Right of Jury Nullification in South Dakota? Why Amendment A Should Be Rejected," in Markus Dubber & Mark Kelman, American Criminal Law: Cases, Statutes, and Comments (2005).
"When Oral Sex Results in Pregnancy: Can Men Ever Escape Paternity Obligations?," in Mitzi Szereto, The World's Best Sex Writing (Thunder Mouth Press, 2005).
"The Pros and Cons of Statutory Rape Laws," in Elizabeth Schroeder, Taking Sides: Family and Personal Relationships (6th ed. 2004).
"The New Face of Racial Profiling: How Terrorism Affects the Debate," in The Enduring Debate: Classic and Contemporary Readings in American Politics (W. W. Norton & Company, Inc. 3rd ed., David T. Canon, John J. Coleman, and Kenneth R. Mayer eds. 2003).
Articles
"Probabilities in Probable Cause and Beyond: Statistical Versus Concrete Harms", 73 Law and Contemporary Problems 69 (2010).
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"To Whom Do We Refer When We Speak of Obligations to 'Future Generations'? Reproductive Rights and the Intergenerational Community," 77 George Washington Law Review 1582 (2009).
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"Why is Torture 'Different' and How 'Different' Is It?," 30 Cardozo Law Review 1411 (2009). 
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"Standing Room Only: Why Fourth Amendment Exclusion and Standing Can No Longer Logically Coexist," 28 Cardozo Law Review 1663 (2007).
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"A Lawsuit Against 'Big Alcohol' For Advertising to Underage Drinkers in 'The ABCs of Advertising and Marketing to Children'," 2005 UCLA Entertainment Law Symposium.
"A World Without Privacy: Why Property Does Not Define the Limits of the Right Against Unreasonable Searches and Seizures, A Response to Orin Kerr," 102 Michigan Law Review 889 (2004).
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"Profiling With Apologies," 1 Ohio State Journal of Criminal Law 611 (2004) reprinted in Workplace Discrimination, Privacy, and Security after 9/11: Proceedings of New York University 55th Annual Conference on Labor (Samuel Estreicher & Matthew T. Bodie eds. 2004).
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"Animosity Toward Kobe Bryant's Accuser: Is the Presumption of Innocence a Presumprion of False Accusation in Date Rape Cases?," in Sexual Assault Report (2004).
"Oil and Water: Why Retribution and Repentance Do Not Mix," 22 Quinnipiac Law Review 59 (2003).
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"The Conviction of Andrea Yates: A Narrative of Denial," Commentary, 10 Duke Journal of Gender Law and Policy 141 (2003).
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"What is a Search? Two Conceptual Flaws in Fourth Amendment Doctrine & Some Hints of a Remedy," 55 Stanford Law Review 119 (2002), reprinted in Civil Rights Litigation & Attorneys Fees Annual Handbook, (Thomson West, Steven Saltzman. ed. 2003), and excerpted in 30 Search and Seizure Law Report, no. 10 (2003).
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"'Whodunnit' Versus 'What Was Done:' When to Admit Character Evidence in Criminal Cases," 79 North Carolina Law Review 939 (2001).
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"Stopping a Moving Target," 3 Rutgers Race & The Law Review 191 (2001), excerpted in 28 Search and Seizure Law Report 9 (2001).
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"Insane Fear: The Discriminatory Treatment of the Mentally Ill and Dangerous," 25 New England Journal on Criminal and Civil Confinement 341 (1999).
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"Some Thoughts on the Conduct/Status Distinction," 51 Rutgers Law Review 977 (1999).
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"Expert Commentary, Carefully, Court Limits Procreation of Abuser," 3 The Forensic Echo issue 3 (1999).
"The Qualitative Dimension of Fourth Amendment 'Reasonableness'," 98 Columbia Law Review 1642 (1998), reprinted in 26 Search and Seizure Law Report nos 3 & 4 (1999).
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"The Three Faces of Evil," 86 Georgetown Law Journal 677 (1998).
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"Expert Commentary, NGRI Shuffled by Justice?," 2 The Forensic Echo, Issue 9 (1998).
"Innocence, Privacy and Targeting in Fourth Amendment Jurisprudence," 96 Columbia Law Review 1456 (1996).
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“Breakfast with Justice Blackmun,” 71 North Dakota Law Review 13 (1995).
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"Freedom from Incarceration: Why is this Right Different From All Other Rights?," 69 New York University Law Review 781 (1994).
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"Assuming Facts Not in Evidence: A Response to Russell M. Coombs, Reforming New Jersey Evidence Law on Fresh Complaint of Rape," 25 Rutgers Law Journal 745 (1994).
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"Words That Deny, Devalue and Punish: Judicial Responses to Fetus-Envy?," 72 Boston University Law Review 101 (1992).
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Book Reviews
"The Character of Freedom", 52 Stanford Law Review 235 (1999).
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Electronic Publications
Bi-Weekly column on FindLaw.com (essays archived at http://writ.news.findlaw.com/colb), with many appearing at CNN.com.
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"Should Possession of Child Pornography Require Reparations to the Child?," FindLaw.com (Feb 2010).
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"Can Violence Be Allowed When a Warning Is Prohibited? The Kansas High Court Issues a Perplexing Ruling," FindLaw.com (Feb 2010).
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"The Vermont Supreme Court Considers 'Loss of Companionship' Damages for a Dog's Death," FindLaw.com (Jan 2010).
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"Abortion in Israel and the United States: A Lesson in Questioning Assumptions," FindLaw.com (Jan 2010).
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"Pro-Life Ideology Split in Two: Subtle Distinctions Expose Fundamental Divide," FindLaw.com (Dec 2009).
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"Excluding Illegally-Obtained Evidence and the Doctrine of Double Effect," FindLaw.com (Nov 2009).
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"Suit Challenges Federal Ban on Compensation for Bone Marrow Donors," FindLaw.com (Nov 2009).
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"Are 'Hate Crimes' the Same Thing as 'Thought Crimes'?: Opponents of the Federal Hate Crime Bill Invoke Free Speech," FindLaw.com (Oct 2009).
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"Does the Mere Existence of an Invalid Arrest Warrant Injure Its Target?" FindLaw.com (Sept 2009).
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"Cass Sunstein's Views About Organ Donation: When is a "Nudge" Illegitimate?" FindLaw.com (Sept 2009).
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"What Vegans Can Learn from the Gay Rights Movement's Successes," FindLaw.com (Sept 2009).
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"Supreme Court Considers Constitutionality of Juvenile Life Without Parole," FindLaw.com (Aug 2009).
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"Lessons From an Animal Cruelty Case In the U.S. Supreme Court," FindLaw.com (Aug 2009).
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"Child Obesity as Child Neglect: Is the Standard American Diet Dangerous?," FindLaw.com (July 2009).
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"The Right of Confrontation: A Supreme Court Decision Reveals Strong Schisms," FindLaw.com (Jul 2009).
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"The Highest Court of New York State Protects Privacy from GPS Monitoring," FindLaw.com (Jun 2009).
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"Kansas v. Ventris: The Supreme Court Misconstrues the Right to Counsel," FindLaw.com (June 2009).
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"Ten Angry Men?: Why The Supreme Court Should Take a Jury Unanimity Case," FindLaw.com (May 2009).
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"Implications of the "Holier-than-Thou Effect" For Criminal Justice," FindLaw.com (May 2009).
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"Avoiding Race Discrimination Between a Rock and a Hard Place: The U.S. Supreme Court Hears Argument in Ricci v. DeStefano," FindLaw.com (Apr 2009).
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"Feminists For Life and the Hard Questions It Must Confront," FindLaw.com (Apr 2009).
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"Why A Botched Abortion Case Should, and Does, Inspire Outrage: The Sycloria Williams Story," FindLaw.com (Apr 2009).
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"The Perils of Eyewitness Identification: A Personal Account" FindLaw.com (Mar 2009).
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"An Empty Gesture to Soothe the Conscience: Why We Pass Laws Protecting Chimpanzees And Other Animals from Cruelty," FindLaw.com (Mar 2009).
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"Miguel Tejada's Guilty Plea: What's Wrong With Prosecuting Dopers for Lying?," FindLaw.com (Feb 2009).
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"Can Religious Faith Justify Reckless Homicide? A Wisconsin Prosecution Raises Larger Issues," FindLaw.com (Feb 2009).
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"How Far Does Police 'Good Faith' Go? The Supreme Court Creates Another Exception to The Exclusionary Rule," FindLaw.com (Jan 2009).
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"The Costs of Testifying in One’s Own Defense: An Empirical Study Highlights the Problem, But What To Do About It?," FindLaw.com (Jan 2009).
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"The U.S. Supreme Grants Review in Rivera v. Illinois: Reconciling Peremptory Challenges, Racial Discrimination and Harmless Error," FindLaw.com (Dec 2008).
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"Writing Term Papers for Hire: Innocent Protected Speech?," FindLaw.com (Dec 2008).
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"A Judge Orders a Woman Not to Have Children While On Probation: Did He Violate Her Rights?," FindLaw.com (Nov 2008).
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"Do Convicts Have a Constitutional Right to Access Crime-Scene DNA? The U.S. Supreme Court Considers the Question," FindLaw.com (Nov 2008).
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"Are Different Abortion Methods Morally Distinguishable? The U.S. Court of Appeals for the Fourth Circuit Hears Richmond Med. Center v. Herring," FindLaw.com (Oct 2008).
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"The Fourth Amendment, Once Removed: The Supreme Court Examines a New Search and Seizure Loophole," FindLaw.com (Oct 2008).
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"The Rationality of Spite: Why the Bailouts Do, And Should, Make People Angry," FindLaw.com (Oct 2008).
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"Abortion, Sarah Palin's Amniocentesis, and the Pro-Life View of Sex," FindLaw.com (Sep 2008).
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"'Neither Shall You Commit Adultery': John Edwards, John McCain, and the Relevance of Politicians' Affairs," FindLaw.com (Sep 2008).
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"Is Obama 'Pro-Infanticide'? Analyzing a Vote in the Illinois Senate," FindLaw.com (Aug 2008).
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"Is Sex a 'Major Life Activity'? Why a Claim of Disability Discrimination Turns on the Answer to this Question," FindLaw.com (Aug 2008).
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"With the Spanish Parliament Poised to Extend 'Human Rights' to Great Apes, What are the Implications for Human Beings and Other Animals?," FindLaw.com (Jul 2008).
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"The U.S. Court of Appeals for the Eighth Circuit Approves An 'Informed Consent' Requirement for Abortions: The Slippery Quality of Statutory Definitions," FindLaw.com (Jul 2008).
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"Banning Loaded Words at Criminal Trials: A Well-Meaning But Foolish Approach to Protecting Defendants," FindLaw.com (Jun 2008).
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"A Thirty-Five Year Prison Sentence for Spitting at a Police Officer: The Danger of Basing Justice on Mistaken Assumptions," FindLaw.com (Jun 2008).
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"Hearsay, the Sixth Amendment, and Framers’ Intent: The U.S. Supreme Court Hears Argument in Giles v. California," FindLaw.com (May 2008).
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"What's So Special About Genetic Discrimination? Congress Passes a Revealing Bill," FindLaw.com (May 2008).
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"Kennedy v. Louisiana and the Lessons of a Supreme Court Oral Argument," FindLaw.com (Apr 2008).
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"The Implications of Death Penalty Law for Human Euthanasia," FindLaw.com (Apr 2008).
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"Lethal Injection and Animal Euthanasia: A Fair Comparison?," FindLaw.com (Apr 2008).
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"Client 9 and President 42: Drawing Parallels Between Spitzer and Clinton," FindLaw.com (Mar 2008).
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"A Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant," FindLaw.com (Mar 2008).
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"Can A Person be Pro-Life and Pro-Choice at the Same Time?: The Film '4 Months, 3 Weeks, and 2 Days' Confronts Abortion in Ceausescu's Romania," FindLaw.com (Feb 2008).
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"Does the Fifth Amendment Protect the Refusal to Reveal Computer Passwords? In a Dubious Ruling, A Vermont Magistrate Judge Says Yes," FindLaw.com (Feb 2008).
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"Should Pregnant High School Students Receive Maternity Leave? The Complexity of Accommodating a Less-than-Ideal Status," FindLaw.com (Jan 2008)
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"Abortion Clinic Violence: Is 'Pro-Life' Murder An Oxymoron?," FindLaw.com (Jan 2008).
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"Is the Nighttime the Wrong Time for Searching Houses?: The Supreme Court of Minnesota Reads the U.S. Constitution to Say Yes," FindLaw.com (Dec 2007).
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"The Issue of 'Me Too' Evidence in Employment Discrimination Cases: The U.S. Supreme Court Considers Sprint v. Mendelsohn," FindLaw.com (Dec 2007).
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"Divorce, Religion, and Circumcision: What A Conflict Tells Us About Parental Rights," FindLaw.com (Nov 2007).
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"What Counts as a 'Crime' For Fourth Amendment Purposes? Why Arrests for 'No Arrest Offenses' Violate the Fourth Amendment," FindLaw.com (Nov 2007).
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"Why Does the U.S. Sentence Adolescents To Life Without Parole?," FindLaw.com (Oct 2007).
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"When Does Pregnancy Begin?: A Federal Appeals Court Decision Implicates a New Abortion Question," FindLaw.com (Oct 2007).
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"The Senate Approves the '2007 Mental Health Parity Act': Achieving Equal Treatment for the Mentally Ill," FindLaw.com (Oct 2007).
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"Should People Be Free To Be Enslaved?: Polygamy, Prostitution, and the 'Consenting Adults' Argument," FindLaw.com (Sep 2007).
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"The Homage Vice Pays to Virtue: Lessons of the Michael Vick Story," FindLaw.com (Sep 2007).
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"Who Wants to Imprison Pregnant Women For Having Abortions?: Not Necessarily the Pro-Life Community," FindLaw.com (Aug 2007).
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"Can Nothing Be Done About the Pedophile Blogger?: How the Law Deals With Dangerous People," FindLaw.com (Aug 2007).
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"Should Pro-Choice and Pro-Life Approaches to Reproductive Rights Carry an 'Incest Exception'?,"
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"What Proponents of the 'Rape Exception' Teach Us About Abortion," FindLaw.com (Jul 2007).
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"Resistant Tuberculosis and the Return of Quarantine: Justifications and Accompanying Risks," FindLaw.com (Jun 2007).
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"Opposition to Abortion and Physician Assistance-In-Dying: The Claim that Choice Can Evolve Into Coercion," FindLaw.com (Jun 2007).
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"Alleged Death by Veganism: Why a False Story Has Legs," FindLaw.com (May 2007).
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"The U.S. Supreme Court Condones Paralysis of a Speeding Driver: Taking the 'Reasonable' Out Of 'Reasonable Seizures'," FindLaw.com (May 2007).
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"Lessons of the Virginia Tech Shooting: Should We Lock Up All of the Maniacs?," FindLaw.com (Apr 2007).
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"A Federal Court of Appeals Gets it Wrong on Birth Control: Why Contraceptive Exclusions in Health Coverage Discriminate Against Women," FindLaw.com (Apr 2007).
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"Twenty States Consider Mandating the Cervical Cancer Vaccine: The Controversy," FindLaw.com (Apr 2007).
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"Confronting the Ugliness of Appearance-Based Discrimination: DePauw University and the Delta Zeta Sorority Purge," FindLaw.com (Mar 2007).
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"The EEOC Receives More Male Complaints of Sexual Harassment: Bad News?," FindLaw.com (Mar 2007).
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"Do Car Passengers Enjoy Fourth Amendment Rights? The Supreme Court Grants Review in Brendlin v. California," FindLaw.com (Feb 2007).
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"Texas Man Receives A Life Sentence for the Murder of his Unborn Twins: When Feticide is a Capital Crime," FindLaw.com (Feb 2007).
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"Consent Searches and the Fourth Amendment: What's Wrong With 'Apparent' Consent?," FindLaw.com (Jan 2007).
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"The Harsh Wages of Sin: Why Genarlow Wilson is Languishing in Prison," FindLaw.com (Jan 2007).
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"Why the Public/Private Distinction Should Not Govern the Courtroom: The Supreme Court's Flawed Decision in Carey v. Musladin," FindLaw.com (Dec 2006).
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"Should Biological Parents Have More Rights in Adoption? A Hypothetical Conversation," FindLaw.com (Dec 2006).
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"The Birth-Control Chief Who Opposes Birth-Control," FindLaw.com (Nov 2006).
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"A Maryland State Court Rules that Women May Not Withdraw Consent After Penetration: The Perils of Relying on History," FindLaw.com (Nov 2006).
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"What's The Matter With a False Arrest?: The Supreme Court Considers the Statute of Limitations Defense," FindLaw.com (Nov 2006).
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Gonzales v. Carhart: The Supreme Court Once Again Considers 'Partial-Birth Abortion'," FindLaw.com (Oct 2006).
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"Open the Door and Let Me In (Please)! A New Jersey Supreme Court Ruling Approves Suspicionless 'Consent' Searches of Homes," FindLaw.com (Oct 2006).
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"What Is a Trial?: President Bush Asks Congress to Authorize Military Commissions," FindLaw.com (Sep 2006).
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"Taking Notes Without a Computer: How Laptops Distract From Classroom Learning," FindLaw.com (Sep 2006).
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"Misconceiving Reproductive Rights: The Crucial Difference Between 'Pro-Choice' and 'Pro-Abortion'," FindLaw.com (Aug 2006).
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"Criminalizing Interstate Abortion Travel: Congress Targets People Who Assist Minors in Trouble," FindLaw.com (Aug 2006).
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"Stem Cells, Life, and The President's First Veto," FindLaw.com (Jul 2006).
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"At the End of its Term, The Supreme Court Denies Mentally Ill Defendants' Right to a Fair Trial," FindLaw.com (Jul 2006).
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"No Knock-and-Announce? No Problem: The Supreme Court Holds Evidence from No-Knock Entries Admissible In Court," FindLaw.com (Jun 2006).
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"Unclean Hands: How Patients Can Prevent Blatant Medical Malpractice," FindLaw.com (Jun 2006).
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"A Controversial Search of a Congressman's Office: Obstacles to Challenging the FBI's Investigation of Representative William Jefferson," FindLaw.com (May 2006).
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"Retribution Without Cruelty: The Supreme Court Considers an Eighth Amendment Challenge to Lethal Injections," FindLaw.com (May 2006).
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"Sins of Omission: Why the Ninth Circuit Was Wrong to Excuse a Lack of Police Diligence," FindLaw.com (May 2006).
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"Paternity Fraud: When Men Are Forced To Support Their Ex-Wives' 'Illegitimate' Children," FindLaw.com (Apr 2006).
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"No Bickering Over Consent: The Supreme Court Correctly Decides A Search And Seizure Case," FindLaw.com (Apr 2006).
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"Should Men Have the Right to a "Financial Abortion"? A Biological Father Cries Sex Discrimination When Forced to Pay Child Support for an Unwanted Baby," FindLaw.com (Mar 2006).
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"The Death Knell of Residual Doubt: The Supreme Court Underestimates the Relevance of Innocence," FindLaw.com (Mar 2006).
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"The Essence of Marriage and Equality: The New Jersey Supreme Court Considers Same-Sex Marriage," FindLaw.com (Feb 2006).
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"Should Sexually Active Minors Have a Right to Privacy? A Kansas Case Reveals the Dark Side of Mandatory Reporting" FindLaw.com (Feb 2006).
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"Too Old To Die?: Considering Clarence Ray Allen's Last Plea for Clemency," FindLaw.com (Jan 2006).
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"Virginity Tests in South Africa and Judicial Bypass in the U.S.: Ritually Scrutinizing the Virtue of Girls," FindLaw.com (Jan 2006).
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"Why Get A Warrant?: The President's Admission that He Authorized Warrantless Domestic Surveillance," FindLaw.com (Dec 2005).
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"Why Not Coerce a Confession? How New Revelations about Iraq Bear on this Question," FindLaw.com (Dec 2005).
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"Pre-Implantation Genetic Diagnosis: Should Our Laws Allow Parents to Pre-Screen Their Children?," FindLaw.com (Nov 2005).
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"Can Transsexuals Sue Their Employers For Sex Discrimination?," FindLaw.com (Nov 2005).
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"Pharmacist Choice and the Morning-After Pill," FindLaw.com (Nov 2005).
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"Does the U.S. Constitution Allow Government To Limit the Use of Assisted Reproduction Technologies to Married Couples?," FindLaw.com (Oct 2005)
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"God On Trial: How Can An 'Intelligent Design' Include So Much Suffering?," FindLaw.com (Oct 2005).
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"Michigan's Proposed Law Admitting Prior Crimes in Child Sex Abuse Cases: Why It Has Broader Implications for the Law of Evidence," FindLaw.com (Sept 2005).
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"The Journal of the American Medical Association Says Fetuses Under 28 Weeks Do Not Feel Pain: The Legal Implications for Mandatory Information Sessions," FindLaw.com (Sept 2005).
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"Is Pornography The Same As Prostitution? A New York Judge Says 'No,' But the Answer Is Less Clear," FindLaw.com (Aug 2005).
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"John Roberts's Pro-Life Spouse: The Relevance of Jane Roberts's Politics," FindLaw.com (July 2005).
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"When Should Fourth Amendment Violations Lead to Suppression of Evidence? The Supreme Court Takes a 'Knock and Announce' Case," FindLaw.com (July 2005).
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"Should Parents Who Home-School Their Children Have Access to Public School Extracurricular Programs?," FindLaw.com (June 2005).
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"Hospital-Induced Infections: A Serious Crime Against Our Nation's Patients," FindLaw.com (Jun 2005).
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"Can Capital Defendants Be Visibly Restrained During Sentencing? The Supreme Court Says No," FindLaw.com (Jun 2005).
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"When You Refuse to Consent to a Police Search, Can Your Spouse Override That Refusal?: The U.S. Supreme Court Takes An Important Fourth Amendment Case," FindLaw.com (May 2005).
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"New York D.A. Robert Morgenthau Urges Repeal of the Statute of Limitations for Rape: Why He Is Right," FindLaw.com (May 2005).
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"Using a Baseball Bat to End a Pregnancy: The Strange Michigan Case and the Questions It Raises," FindLaw.com (Apr 2005).
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"What a Shame: Oakland Announces Plans to Post Photos of Convicted Johns," FindLaw.com (Mar 2005).
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"A Proposed Bill to Ban Male Circumcision: The Clash of Gender, Religion, and the Protection of Children," FindLaw.com (Apr 2005).
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"When Oral Sex Results in a Pregnancy: Can Men Ever Escape Paternity Obligations?," FindLaw.com (Mar 2005).
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"An Illinois Judge Declares that Frozen Embryos Are People: What Difference Does It Make?," FindLaw.com (Feb 2005).
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"Big Brother in the Bathroom: A Federal Court Puts the 'Public' In 'Public Restrooms'," FindLaw.com (Feb 2005).
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"China Announces That It Will Criminalize Sex-Selection Abortions: What, If Anything, Should the U.S. Do About the Practice in this Country?," FindLaw.com (Jan 2005).
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"Makeup Requirements for Female Employees Violate Anti-Discrimination Law: Why A Federal Appeals Court Erred in Ruling to the Contrary," FindLaw.com (Jan 2005).
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"Killing A Woman to Kidnap Her Fetus: Why This Is An Especially Appalling Murder," FindLaw.com (Dec 2004).
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"The Ku Klux Klan Versus the NYPD: Why a Federal Appeals Decision Rejecting a First Amendment Right to Wear Masks is Flawed," FindLaw.com (Dec 2004).
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"Breast Exams at the Airport: Do the New Security Measures Go Too Far?," FindLaw.com (Dec 2004).
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"Is Your Scalp a Constitution-Free Zone?: A Federal Appeals Court Approves Suspicionless Hair Sampling," FindLaw.com (Nov 2004).
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"Racially-Based Suppression of the African-American Vote: The Role It May Play in the Upcoming Presidential Election," FindLaw.com (Oct 2004).
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"The Candidates Clash on Abortion Law: A Window Into Their Capacity to Listen," FindLaw.com (Oct 2004).
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"The Supreme Court Reconsiders the Constitutionality of Executing Minors: The Case of Roper v. Simmons," FindLaw.com (Oct 2004).
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"Who Gets Custody When the Fertility Clinic Makes a Mistake?: The Hidden Sexism in Focusing on DNA," FindLaw.com (Sep 2004).
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"A Federal Appeals Court Approves the DNA Profiling of Criminals: Are Innocent People Next?," FindLaw.com (Sep 2004).
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"The U.S. Court of Appeals for the Ninth Circuit Upholds a 'Shaming' Penalty: Why Prison Conditions are Relevant to the Debate," FindLaw.com (Aug 2004).
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"Woman On Trial for Delivering Cocaine to her Unborn Child: A Surprisingly Difficult Case," FindLaw.com (Aug 2004).
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"When Danger and Repression Go Hand in Hand: Why A New York Federal Judge's Controversial Ruling on Protester Bag Searches Was Correct," FindLaw.com (Jul 2004).
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"Public Breastfeeding: When Legal Protection Isn't Enough," FindLaw.com (Jul 2004).
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"A Significant Decision that May Not Matter: The Supreme Court Holds That Only Juries, Not Judges, Can Make the Factual Determinations That Increase Sentences," FindLaw.com (June 2004).
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"When Victims' Families Eschew Vengeance: Pro-Defendant Victim Impact Statements in Terry Nichols's Trial," FindLaw.com (Jun 2004).
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"The Supreme Court's Recent Automobile Search Case: The Culmination of a Doctrine Filled With Pretextual Reasoning," FindLaw.com (Jun 2004).
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"What Is A Mother? The California 'Egg Donor' Case Gets It Wrong," FindLaw.com (May 2004).
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"Autonomies of Scale: A New York Capital Case Asks Whether Defendants Should be Forced To Exercise their Rights," FindLaw.com (May 2004).
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"What's in a Warning?: The FDA Hesitates to Link Antidepressants and Risk of Suicide ," FindLaw.com (Apr 2004).
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"Under the Penalty of Perjury: Condoleezza Rice, the 9/11 Commission, and The Difference An Oath Makes," FindLaw.com (Apr 2004).
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"Crying Murder When A Woman Refuses a C-Section: The Disturbing Implications of a Utah Prosecution," FindLaw.com (Mar 2004).
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"What's Wrong with Nonconsensual Medical Treatment?: A Florida Case Explores the Boundary Between Malpractice and Battery," FindLaw.com (Mar 2004).
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"The Night Before the Morning After: Why Has the FDA Delayed Approval of Over-The-Counter Emergency Contraception?," FindLaw.com (Feb 2004).
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"A Ten Year Sentence for Marcus Dwayne Dixon: The Pros & Cons of Statutory Rape Laws," FindLaw.com (Feb 2004).
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"Is Killing an Undiscovered First-Trimester Fetus Murder in California?: The Answer Probably Is, and Should Be, 'Yes'," FindLaw.com (Jan 2004).
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"When Types of Discrimination Compete for Legal Recognition: Should Anti-Gay Religious Practices Be Accommodated in the Workplace?," FindLaw.com (Jan 2004).
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"Can A Parent Sue When his Adult Child is Killed by the Police?: A Recent Case Says 'No' and Highlights a Division Among Appellate Courts," FindLaw.com (Dec 2003).
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"Are Strip Searches Special?: A New York Appellate Court Says Yes, But the U.S. Supreme Court's Views Remain Unknown," FindLaw.com (Dec 2003).
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"A Lawsuit Against "Big Alcohol" for Advertising to Underage Drinkers: Are Minors Accountable for Their Actions?," FindLaw.com
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"Dismemberment and Doubt: How Could the Jury Have Acquitted Robert Durst?," FindLaw.com (Nov 2003).
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"Too Religious for the Jury? A Federal Court Upholds Peremptory Challenges Based on Religious Involvement," FindLaw.com (Nov 2003).
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"Animosity Toward Kobe Bryant's Accuser: Is the Presumption of Innocence A Presumption of False Accusation in Date Rape Cases?," FindLaw.com (Oct 2003).
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"Do Reasonable Minors Feel Less Free Than Adults Do? The Supreme Court Takes On A New Miranda Issue," FindLaw.com (Oct 2003).
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"Protecting the Right to Protest Discrimination: Law Schools Sue the Defense Department," FindLaw.com (Sep 2003).
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"Is Capital Punishment Too Harsh for Rapists? A Louisiana Jury Sentences a Child's Rapist to Death," FindLaw.com (Sep 2003).
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"Governor Jeb Bush Sends Lawyers to Represent a Fetus: Targeting A Mentally Retarded Pregnant Woman for Pro-Life Intervention," FindLaw.com (Aug 2003).
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"John Doe Indictments in New York: An Opportunity to Examine Statutes of Limitations," FindLaw.com (Aug 2003).
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"Why Lynne Stewart, Attorney for a Terrorist, Is No Heroine: Crossing the Line Between Advocate and Accomplice," FindLaw.com (Jul 2003).
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"The New York Racist Float Case: How the First Amendment Does - and Does Not - Protect Racist Cops and Firemen," FindLaw.com (Jul 2003).
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"Welcoming Gay People Back Into the Fold: The Supreme Court Overrules Bowers v. Hardwick," FindLaw.com (Jun 2003).
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"Sending Out Partial Birth Announcements: Symbolism and Deception by Pro-Life Legislators," FindLaw.com (Jun 2003).
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"The Verdict in the Lemrick Nelson Trial: Jury Deliberations Expose a Troubling Reality," FindLaw.com (June 2003).
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"Better to Have Never Been Born?: Wrongful Life Litigation," FindLaw.com (May 2003).
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"Will the Apple Fall Far From the Tree?: The Supreme Court Takes a Case About Miranda 'Fruits'," FindLaw.com (May 2003).
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"The Israeli Supreme Court Denies Women the Right to Pray at the Western Wall: A Misguided Decision Parallels the U.S. 'Fighting Words' Doctrine," FindLaw.com (Apr 2003).
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"Smoking Bans in New York: Outrageous or Reasonable? FindLaw.com (Apr 2003).
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"The Supreme Court Hears the Texas Sodomy Case: Embracing the Right to Privacy," FindLaw.com (Mar 2003).
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"The Family that Dare Not Speak Its Name: Florida?s Ban on Gay Adoption Reaches the U.S. Court of Appeals For the Eleventh Circuit," FindLaw.com (Mar 2003).
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"Medicating Prisoners So They Can Be Killed: A Federal Court Approves Forcible Antipsychotic Treatment for Mentally Incompetent Convicts," FindLaw.com (Feb 2003).
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"The Conviction of Ed Rosenthal for Growing Medicinal Marijuana: Why It Was Wrong to Prosecute," FindLaw.com (Feb 2003).
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"Why Suing McDonald's Could Be a Good Thing: Compelling Companies to Bear the Costs They Inflict on Others FindLaw.com (Jan 2003).
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"Withdrawing Consent During Intercourse: California's Highest Court Clarifies the Definition of Rape," FindLaw.com (Jan 2003).
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"Does Coercing a Confession Violate the Fifth Amendment Right Against Self-Incrimination? The Supreme Court Considers the Question," FindLaw.com (Jan 2003).
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"The Supreme Court Takes a Same-Sex Sodomy Case: Why Sexual Orientation Discrimination is Also Sex Discrimination," FindLaw.com (Dec 2002).
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"A Question of Diversity: Affirmative Action in Admissions Reaches the Supreme Court," FindLaw.com (Dec 2002).
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"The Supreme Court Evaluates Megan's Laws: Probably Valid but Still Wrong," FindLaw.com (Nov 2002).
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"The Boundary Between Neutrality and Hostility Toward Religion: The Recent Third Circuit Decision About the Tenafly Eruv," FindLaw.com (Nov 2002).
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"When a Prostitute Kills: The Execution of Aileen Carol Wuornos," FindLaw.com (Oct 2002).
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"A Right of Jury Nullification in South Dakota? Why Amendment A Should Be Rejected," FindLaw.com (Oct 2002).
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"Helping Battered Women Without Holding Them in Contempt," FindLaw.com (Sep 2002).
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"Two Florida Murder Trials for the Killing of Terry King: When Prosecutors Have Reasonable Doubt," FindLaw.com (Sep 2002).
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"The Costs of the Bush Administration's Promoting 'Embryo Adoption'," FindLaw.com (Aug 2002).
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"Should Kenneth Powell Have Been Tried for Homicide for Taking a Drunk Friend to His Car?: The Perils Of Creative Prosecution," FindLaw.com (Aug 2002).
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"The Minor Issue of Abortion: Priscilla Owen's Confirmation Battle," FindLaw.com (July 2002).
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"The Benefits of Random Drug Testing: Why the Supreme Court's Recent Decision Approving Its Use in Public Schools May Be Correct," FindLaw.com (July 2002).
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"Allen Iverson and the Presumption of Innocence," FindLaw.com (June 2002).
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"The Ostrich Approach to Constitutional Interpretation: A Supreme Court Decision About Prisoners' Fifth Amendment Rights," FindLaw.com (Jun 2002).
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"Why Kosher Fraud Statutes Aren't Kosher: The Second Circuit Enforces the Separation of Church and State," FindLaw.com (Jun 2002).
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"Sentencing While Stoned: Why a Judge's Private Use of Marijuana May Call His Sentencing Capacity into Question," FindLaw.com (May 2002).
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"Sex, Death, and the First Amendment: A Recent First Circuit Case Ignores Free Speech Precedents," FindLaw.com (May 2002).
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"A Recent Supreme Court Case on the Eighth Amendment and Qualified Immunity Both Exposes and Hides the Cruelty of Prison," FindLaw.com (Apr 2002).
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"A Second Look at Executing the Mentally Retarded: The Meaning of  'Cruel and Unusual Punishments'," FindLaw.com (Apr 2002).
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"The Andrea Yates Verdict: A Nation in Denial About Mental Illness," FindLaw.com (Mar 2002).
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"Privacy, Procreation, and Dying: Should the Law Permit a Woman Who Has the Gene for Early Onset Alzheimer's Disease to Have a Genetically-Screened Child?," FindLaw.com (Mar 2002).
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"Why the Cloned Cat Makes the Case Against Human Cloning," FindLaw.com (Feb 2002).
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"It's Not Just About Abortion: What the 'Unborn Child' Health Care Proposal Reveals About Our Selective Capacity for Empathy," FindLaw.com (Feb 2002).
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"The Supreme Court's Decision in Kansas V. Crane: Which "Dangerous" People Can Be Incarcerated?," FindLaw.com (Jan 2002).
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"The Second Circuit's Recent Reversal of Two Guilty Verdicts in the Yankel Rosenbaum Killing, And the Difficult Issue of Race-Conscious Jury Selection," FindLaw.com (Jan 2002).
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"The Ominous Implications of a Supreme Court Fourth Amendment Decision: Why Giving Prior Notice of a Privacy Invasion Does Not Mitigate Its Seriousness," FindLaw.com (Jan 2002).
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"A Threat by Any Other Name: Do the Nuremberg Files Cross the First Amendment Line?," FindLaw.com (Dec 2001).
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"Suing Clergy for Divulging Confidences: Why the New York Court of Appeals Was Wrong to Hold that a Woman Could Not Sue for Violation of the Clergy-Penitent Privilege," FindLaw.com (Dec 2001).
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"A Creeping Theocracy: How the U.S. Government Uses Its Power to Enforce Religious Principles," FindLaw.com (Nov 2001).
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"The Problem with Mainstream Attitudes Toward Date Rape," FindLaw.com (Nov 2001).
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"The Upcoming Supreme Court 'Sexual Predator' Case: Why Mental Illness Should Not Govern Civil Commitment," FindLaw.com (Oct 2001).
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"The New Face of Racial Profiling: How Terrorism Affects the Debate," FindLaw.com (Oct 2001).
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"Not by Courage Alone: Why Altruism and Love Should Define our Heroes," FindLaw.com (Sept 2001).
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"Britain's New Ban on Prostitute Advertising: A 'Don't Ask, Don't Tell' Policy and the Significance of Secrecy," FindLaw.com (Sept 2001).
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"Is Cruelty to Animals the Mere Destruction of Property? The Highway Dog-killing and Animal Rights," FindLaw.com (Aug 2001).
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"A Proposed Moratorium on Highway Consent Searches: One Way to Fight Racial Profiling," FindLaw.com (Aug 2001).
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"The Stem Cell Debate: Why Both Sides of the Controversy Are at Odds with the "Pro-Life Position," FindLaw.com (Aug 2001).
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"Wisconsin Supreme Court Requires Deadbeat Dad to Refrain from Procreating: Does This Violate the Constitution?," FindLaw.com (July 2001).
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"Why Andrea Yates Deserves Compassion, Not Execution," FindLaw.com (July 2001).
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"Justice for the Victims: How the Death Penalty Injures Survivors," FindLaw.com (June 2001).
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"Why the Senate Should Refuse Even to Consider the Unborn Victims of Violence Act of 2001," FindLaw.com (June 2001).
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"When Compassion Goes up in Smoke: What the Supreme Court's Medical Marijuana Case Tells Us About Our Government," FindLaw.com (May 2001).
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"Why the Supreme Court Should Overrule the Massiah Doctrine and Permit Miranda Alone to Govern Interrogations," FindLaw.com (Apr 2001).
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"Amtrak's Cooperation with the Drug Enforcement Administration: A Fourth Amendment Analysis," FindLaw.com (Apr 2001).
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"Race Versus Sex: The Multiple Meanings of 'Reverse Discrimination'," FindLaw.com (Apr 2001).
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"The Fifth Amendment Rights of the Innocent: a Recent Supreme Court Case Challenges the Popular Notion that Criminal Procedure Protects Only the Guilty," FindLaw.com (Mar 2001).
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"Why a Corrected Disability Should Still Count as a Disability for Purposes of Employment Discrimination Law," FindLaw.com (Mar 2001).
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"Is the Use of Thermal Heat Imaging a 'Search' Governed by the Fourth Amendment? How the Supreme Court Should Resolve the Kyllo Case," FindLaw.com (Feb 2001).
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"Redefining the Status Quo to Include the Disabled," FindLaw.com (Feb 2001).
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"Is Justice Ronnie White Really 'Pro-Criminal?': Evaluating Ashcroft's Accusation," FindLaw.com (Jan 2001).
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"A Controversy Over the Netherlands' New Euthanasia Legislation," FindLaw.com (Jan 2001).
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"Denial of Birth Control Insurance as a Form of Sex Discrimination," FindLaw.com (Jan 2001).
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"The Unprincipled Jurisprudence of Justice Scalia: Reflections in the Wake of Bush V. Gore," FindLaw.com (Dec 2000).
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"What Counts as 'Voting': The Core of the Fight over Florida's Election," FindLaw.com (Dec 2000).
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"What Is, and Is Not, Wrong with the Death Penalty," FindLaw.com (Nov 2000).
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"The Culture War Over Rights for Gays and Lesbians: Why 'Special Rights' Talk is Misleading," FindLaw.com (Nov 2000).
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"Drug-Testing Pregnant Women is Both Counterproductive and Unconstitutional," FindLaw.com (Oct 2000).
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"Why George W. Bush's Position on RU486 is in Tension with His Position on Partial Birth Abortion," FindLaw.com (Oct 2000).
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"The Frozen Embryo Analogy," FindLaw.com (July 2000).
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"King Solomon in the 21st Century," FindLaw.com (June 2000).
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"Deconstructing Diallo," FindLaw.com (March 2000).
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