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Elon University School of Law Legal Studies Research Paper Series

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1.

Strategies and Techniques of Law School Teaching: A Primer for New (and Not So New) Professors

This article is now available as a book from Aspen Publishers, Inc. (2009).
Number of pages: 108 Posted: 27 Apr 2007 Last Revised: 09 Dec 2012
Working Paper Series
Elon University School of Law and Cleveland State University, Cleveland-Marshall College of Law
Downloads 2,326
2.

Sin Taxes: When the State Becomes the Sinner

Temple Law Review, Forthcoming, Elon University Law Legal Studies Research Paper No. 2009-05
Number of pages: 52 Posted: 25 Jun 2009 Last Revised: 16 Sep 2009
Working Paper Series
Elon University School of Law
Downloads 514
3.

The Difference between Invisible and Visible Surveillance in a Mass Surveillance World

Elon University Law Legal Studies Research Paper No. 2014-02
Number of pages: 18 Posted: 09 Feb 2014 Last Revised: 01 Jun 2014
Accepted Paper Series
Elon University School of Law
Downloads 403
4.

How Metacognitive Deficiencies of Law Students Lead to Biased Ratings of Legal Writing Professors

Touro Law Review, Vol. 28, 2012, Elon University Law Legal Studies Research Paper No. 2011-03, Cleveland-Marshall Legal Studies Paper No. 1856185
Number of pages: 33 Posted: 01 Jun 2011 Last Revised: 17 Dec 2012
Accepted Paper Series
Elon University - School of Law and Cleveland Marshall College of Law - Cleveland State University
Downloads 335
5.

Constitutional Threats in the E-Commerce Jungle: First Amendment and Dormant Commerce Clause Limits on Amazon Laws and Use Tax Reporting Statutes

North Carolina Law Review, Forthcoming, Elon University Law Legal Studies Research Paper No. 2011-01
Number of pages: 103 Posted: 09 Mar 2011 Last Revised: 11 Mar 2014
Accepted Paper Series
Elon University School of Law and Elon University School of Law
Downloads 312
6.

For-Profit Corporations, Free Exercise, and the HHS Mandate

(Forthcoming in 91 Washington University Law Review), Elon University Law Legal Studies Research Paper No. 2013-02
Number of pages: 76 Posted: 24 Mar 2013 Last Revised: 07 May 2013
Accepted Paper Series
Elon University School of Law
Downloads 300
7.

Father(s?) of Rock & Roll: Why the Johnnie Johnson v. Chuck Berry Songwriting Suit Should Change the Way Copyright Law Determines Joint Authorship

17 Vand. J. of Ent. & Tech. L. 575, Elon University Law Legal Studies Research Paper No. 2014-07
Number of pages: 97 Posted: 26 Nov 2014 Last Revised: 12 Aug 2015
Accepted Paper Series
University of La Verne College of Law
Downloads 268
8.

Facebook & the Web of Group Affiliation: Socializing, Socialization, & Social Network Site Use Among Law Students

Number of pages: 37 Posted: 07 Jul 2009 Last Revised: 05 Dec 2012
Working Paper Series
Elon University School of Law
Downloads 263
9.

Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment

University of Pennsylvania Law Review, Forthcoming, Elon University Law Legal Studies Research Paper No. 2015-03
Number of pages: 72 Posted: 15 Apr 2015 Last Revised: 12 Aug 2015
Accepted Paper Series
Elon University School of Law
Downloads 248
10.

The Third Amendment, Privacy and Mass Surveillance

Elon University Law Legal Studies Research Paper No. 2013-16
Number of pages: 10 Posted: 27 Nov 2013 Last Revised: 18 May 2014
Working Paper Series
Elon University School of Law
Downloads 245
11.

Lessons of Disloyalty in the World of Criminal Informants

Elon University Law Legal Studies Research Paper No. 2010-11, American Criminal Law Review, Forthcoming
Number of pages: 46 Posted: 10 Dec 2010 Last Revised: 12 May 2011
Accepted Paper Series
Elon University School of Law
Downloads 244
12.

Charity, Truth and Corporate Governance

Elon University Law Legal Studies Research Paper No. 2010-05
Number of pages: 56 Posted: 25 May 2010 Last Revised: 14 Aug 2010
Working Paper Series
Elon University School of Law
Downloads 228
13.

Casey and a Woman's Right to Know: Ultrasounds, Informed Consent, and the First Amendment

Elon University Law Legal Studies Research Paper No. 2012-02
Number of pages: 78 Posted: 07 Mar 2012
Working Paper Series
Elon University School of Law and Elon University School of Law
Downloads 211
14.

Still Floating: Security-Based Swap Agreements after Dodd-Frank

Seton Hall Law Review, Vol. 42, p. 953, 2012, Elon University Law Legal Studies Research Paper No. 2011-02
Number of pages: 52 Posted: 25 May 2011 Last Revised: 26 Jun 2012
Accepted Paper Series
Elon University School of Law
Downloads 197
15.

Affiliate Nexus in E-Commerce

Elon University Law Legal Studies Research Paper No. 2011-04
Number of pages: 53 Posted: 13 Dec 2011 Last Revised: 01 Feb 2014
Working Paper Series
Elon University School of Law
Downloads 178
16.

Should We Make Crime Impossible?

Harvard Journal of Law and Public Policy, Forthcoming, Elon University Law Legal Studies Research Paper No. 2012-03
Number of pages: 52 Posted: 27 Mar 2012 Last Revised: 14 Aug 2012
Accepted Paper Series
Elon University School of Law
Downloads 157
17.

The Law School of 2020

Elon University Law Legal Studies Research Paper No. 2016-06
Number of pages: 27 Posted: 19 Feb 2016
Working Paper Series
Elon University School of Law and University of Calgary
Downloads 156
18.

Driving While 'Intexticated': Texting, Driving, and Punishment

47 Tex. Tech L. Rev. 101 2014-2015, University of Louisville School of Law Legal Studies Research Paper Series No. 2015-09, Elon University Law Legal Studies Research Paper No. 2015-05
Number of pages: 12 Posted: 05 May 2015
Accepted Paper Series
University of Louisville - Louis D. Brandeis School of Law and Elon University School of Law
Downloads 149
19.

Media Ownership Regulation: A Comparative Perspective

Georgia Journal of International and Comparative Law, Vol. 37, No. 421, 2009, Elon University Law Legal Studies Research Paper No. 2013-11
Number of pages: 34 Posted: 12 Jul 2013 Last Revised: 26 Jul 2013
Accepted Paper Series
Elon University School of Law
Downloads 123
20.

What Can the Uniform Trade Secrets Act Learn from the Bayh-Dole Act

Hamline Law Review, Vol. 33, Elon University Law Legal Studies Research Paper No. 2010-02
Number of pages: 33 Posted: 22 Mar 2010 Last Revised: 04 Mar 2014
Accepted Paper Series
Elon University School of Law
Downloads 123
21.

RFRA Rights Revisited: Substantial Burdens, Judicial Competence, and the Religious Nonprofit Cases

Elon University Law Legal Studies Research Paper No. 2016-07
Number of pages: 56 Posted: 04 Mar 2016
Working Paper Series
Elon University School of Law
Downloads 119
22.

Government-Provided Internet Access: Terms of Service as Speech Rules

Fordham Urban Law Journal, Forthcoming, Elon University Law Legal Studies Research Paper No. 2014-04
Number of pages: 36 Posted: 22 Jun 2014 Last Revised: 16 Sep 2014
Accepted Paper Series
Elon University School of Law
Downloads 114
23.

When the Exception Becomes the Rule: Marsh and Sectarian Legislative Prayer Post-Summum

University of Cincinnati Law Review, Forthcoming, Elon University Law Legal Studies Research Paper No. 2010-08
Number of pages: 57 Posted: 24 Sep 2010 Last Revised: 31 Oct 2010
Accepted Paper Series
Elon University School of Law
Downloads 110
24.

A Matter of Context: Casey and the Constitutionality of Compelled Physician Speech

Elon University Law Legal Studies Research Paper No. 2014-06
Number of pages: 28 Posted: 01 Nov 2014
Working Paper Series
Elon University School of Law
Downloads 109
25.

Inequity in Equity: The Tragedy of Tenancy in Common for Heirs' Property Owners Facing Partition in Equity

Temple Political & Civil Rights Law Review, Vol. 17, No. 1, 2007-2008, Elon University Law Legal Studies Research Paper No. 2009-11
Number of pages: 83 Posted: 26 Aug 2009 Last Revised: 30 Sep 2009
Accepted Paper Series
Elon University School of Law
Downloads 105
26.

Licensing Facially Religious Government Speech: Summum’s Impact on the Free Speech and Establishment Clauses

Elon University Law Legal Studies Research Paper No. 2009-10
Number of pages: 87 Posted: 28 Aug 2009 Last Revised: 28 Aug 2013
Working Paper Series
Elon University School of Law
Downloads 101
27.

Portable Learning for the 21st Century Law School: Designing a New Pedagogy for the Modern Global Context

John Marshall Journal of Computer & Information Law, Vol. 26, No. 3, 2009, Elon University Law Legal Studies Research Paper No. 2009-01
Number of pages: 32 Posted: 04 Jan 2009 Last Revised: 28 Jan 2014
Accepted Paper Series
Elon University School of Law and Elon University School of Law
Downloads 98
28.

I Spy: The New Self-Cybersurveillance

Washington and Lee Law Review, Vol. 72, No. 3, 2015, Elon University Law Legal Studies Research Paper No. 2016-01
Number of pages: 47 Posted: 20 Jan 2016
Accepted Paper Series
Elon University School of Law
Downloads 90
29.

Reframing American Legal Education in the 21st Century: Modernizing the Legacy of Langdell

Elon University Law Legal Studies Research Paper No. 2010-04
Number of pages: 16 Posted: 20 Apr 2010
Accepted Paper Series
Elon University School of Law
Downloads 90
30.

Defending Colorado's Use Tax Reporting Requirement

State Tax Notes, September 2010, Elon University Law Legal Studies Research Paper No. 2010-10
Number of pages: 20 Posted: 22 Nov 2010
Accepted Paper Series
Elon University School of Law
Downloads 81
31.

The 'Ample Alternative Channels' Flaw in First Amendment Doctrine

74 Washington and Lee Law Review 1657 (2016), Elon University Law Legal Studies Research Paper No. 2015-04
Number of pages: 87 Posted: 18 Apr 2015 Last Revised: 24 Jan 2017
Accepted Paper Series
Elon University School of Law
Downloads 75
32.

Liars and Terrorists and Judges, Oh My: Moral Panic and the Symbolic Politics of Appellate Review in Asylum Cases

Number of pages: 36 Posted: 11 Dec 2007 Last Revised: 06 Oct 2008
Working Paper Series
Elon University School of Law

Multiple version iconThere are 2 versions of this paper

Downloads 74
33.

Cell Phone Searches in a Digital World: Incorporating Function as well as Form in Fourth Amendment Analysis

Elon University Law Legal Studies Research Paper No. 2013-15
Number of pages: 30 Posted: 17 Oct 2013 Last Revised: 27 Nov 2013
Working Paper Series
Elon University School of Law
Downloads 73
34.

Changing the Field: Recognizing the Importance of Communication Methodology in the 21st Century American Law School

Elon University Law Legal Studies Research Paper No. 2009-4
Number of pages: 10 Posted: 15 May 2009 Last Revised: 12 Dec 2012
Working Paper Series
Independent and Elon University School of Law
Downloads 73
35.

Federalism or Extreme Makeover of State Domestic Regulations Power? The Rules and Rhetoric of Windsor (and Perry)

Elon Law Review Vol 6, 337 (2014), Elon University Law Legal Studies Research Paper No. 2014-05
Number of pages: 38 Posted: 04 Jul 2014 Last Revised: 16 Sep 2014
Accepted Paper Series
Regent University and Regent University - School of Law
Downloads 72
36.

Five To-Four Supreme Court Decisions and the Politicization of a Majority of One

Elon University Law Legal Studies Research Paper No. 2012-08
Number of pages: 41 Posted: 19 Oct 2012
Accepted Paper Series
Elon University School of Law
Downloads 72
37.

Here Come the Trade Secret Trolls

Washington & Lee Law Review Online, Volume 71, Issue 4 (2015), Elon University Law Legal Studies Research Paper No. 2015-02
Number of pages: 35 Posted: 11 Mar 2015
Accepted Paper Series
Elon University School of Law and Mitchell Hamline School of Law
Downloads 72
38.

Engaging Law Students in Leadership

Elon University Law Legal Studies Research Paper No. 2010-6
Number of pages: 32 Posted: 24 Jun 2010 Last Revised: 14 Dec 2012
Accepted Paper Series
Elon University School of Law
Downloads 68
39.

The Black-Green-White Divide: The Impact of Diversity in Environmental Nonprofit Organizations

William & Mary Environmental Law and Policy Review, Vol. 33, p. 449, 2009, Elon University Law Legal Studies Research Paper No. 2009-03
Number of pages: 73 Posted: 21 Mar 2009 Last Revised: 25 Jun 2014
Accepted Paper Series
Elon University School of Law
Downloads 68
40.

Unconventional Wisdom: The Roberts Court's Proper Support of Judicial Elections

Elon University Law Legal Studies Research Paper No. 2011-05
Number of pages: 68 Posted: 14 Oct 2011 Last Revised: 26 Mar 2013
Working Paper Series
Elon University School of Law
Downloads 63
41.

Brass Rings and Red-Headed Stepchildren: Protecting Active Criminal Informants

American University Law Review, Forthcoming, Elon University Law Legal Studies Research Paper No. 2012-01
Number of pages: 66 Posted: 06 Feb 2012 Last Revised: 18 Feb 2012
Accepted Paper Series
Elon University School of Law
Downloads 62
42.

Adaptive Strategies for the Future of Legal Education

Loyola Law Review, New Orleans, Vol. 61, No. 2, 2015, Elon University Law Legal Studies Research Paper No. 2016-02
Number of pages: 25 Posted: 20 Jan 2016
Accepted Paper Series
Elon University School of Law
Downloads 61
43.

Introduction: Communications Law, Technological Change, and the New Normal

Communication Law & Policy, Forthcoming, Elon University Law Legal Studies Research Paper No. 2014-03
Number of pages: 21 Posted: 30 May 2014 Last Revised: 21 Jun 2014
Accepted Paper Series
Elon University School of Law
Downloads 53
44.

Sales Tax Exceptionalism

Columbia Journal of Tax Law, Forthcoming, Elon University Law Legal Studies Research Paper No. 2012-07
Number of pages: 55 Posted: 27 Sep 2012
Accepted Paper Series
Elon University School of Law
Downloads 53
45.

Limits on the Perfect Preventive State

Elon University Law Legal Studies Research Paper 2013-01
Number of pages: 60 Posted: 11 Mar 2013 Last Revised: 11 Jun 2014
Working Paper Series
Elon University School of Law
Downloads 52
46.

Post-Miranda Silence in the Wired Era: Reconstructing Real Time Silence in the Face of Police Questioning

Elon University Law Legal Studies Research Paper No. 2010-7
Number of pages: 27 Posted: 16 Sep 2010
Working Paper Series
Elon University School of Law
Downloads 52
47.

Fulfilling the Promise of Roe: A Pathway for Meaningful Pre-Abortion Consultation

Catholic University Law Review, Vol. 65, Issue 4, Forthcoming, Elon University Law Legal Studies Research Paper No. 2016-05
Number of pages: 80 Posted: 05 Feb 2016 Last Revised: 11 Mar 2016
Accepted Paper Series
Elon University School of Law
Downloads 51
48.

Beyond the 'Socratic' Dialogue: Enhancing Communication Methodologies in the 21st Century American Law School Classroom

Elon University Law Legal Studies Research Paper No. 2009-02
Number of pages: 2 Posted: 26 Mar 2009
Working Paper Series
Elon University School of Law and Independent
Downloads 49
49.

A Call to Action: Reforming the North Carolina Tax Code

North Carolina Law Review, Forthcoming, Elon University Law Legal Studies Research Paper No. 2010-03
Number of pages: 15 Posted: 12 Apr 2010
Accepted Paper Series
Elon University School of Law
Downloads 48
50.

Riding the Tail of the Dragon: Replacing Tradition with Engaged Legal Education

Elon University Law Legal Studies Research Paper No. 2010-09
Number of pages: 36 Posted: 22 Oct 2010 Last Revised: 16 Dec 2012
Working Paper Series
Elon University School of Law
Downloads 46