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Faculty Writings

Review: Louis D. Brandeis’s MIT Lectures on Law (Carolina Academic Press, 2012)

Professor Cochran is the director of the Herbert and Elinor Nootbaar Institute on Law, Religion, and Ethics and Louis D. Brandeis Professor of Law. He is the coauthor of Lawyers, Clients, and Moral Responsibility, 2nd ed. West (2009); Cases and Materials on the Legal Profession, 2nd ed. (1996); The Counselor-at-Law: A Collaborative Approach to Client …


Adjunct Publications Find Success in Both Fiction and Nonfiction Markets

Nicolas Kublicki (JD ’92) and Bob Goff recently celebrated the successes of their spring book publications. Both adjunct faculty members at the School of Law, Kublicki and Goff have received rave reviews for their work.


Selected Faculty Publications and Presentations

Selected Faculty Publications and Presentations


When Erie Goes International

Donald Earl Childress III argues that courts should question this mechanistic application of the Erie doctrine to transnational cases.


NCAA Sanctions:

Assigning Blame Where it Belongs

Weston asserts that NCAA sanction powers can be too narrow in that they extend only to member institutions and can be too broad in that they negatively impact current student-athletes.


Limiting Article III to Standing “Accidental” Plaintiffs:

Lessons from Environmental and Animal Law Cases

Pushaw argues that the court should revise its standing doctrine to better reflect the original meaning of Article III and to promote greater clarity.


The Emerging Oversimplifications of the Government Speech Doctrine:

From Substantive Content to a "Jurisprudence of Labels"

In his article, McDonald discusses the development of the government speech doctrine.


FCC Regulation Versus Antitrust:

How Net Neutrality is Defining the Boundaries

Boliek’s article places the current crisis squarely in the context of the long- standing jurisdictional struggle between regulation and antitrust law.


Religious Arbitration and the New Multiculturalism:

Negotiating Conflicting Legal Orders

This article reconsiders how courts might use arbitration law to respond to contemporary debates over the role of religious law and religious tribunals under U.S. law.


The Third Arbitration Trilogy

Stolt-Nielsen, Rent-a-Center, Conception, and the Future of American Arbitration

The debate surrounding enforcement of predispute arbitration agreements in standardized consumer and employment contracts has reached fever pitch with the publication of three Supreme Court cases.