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Lewis & Clark Law School Legal Studies Research Paper Series

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1.

Enron, Fraud and Securities Reform: An Enron Prosecutor's Perspective

University of Colorado Law Review, December 2004
Number of pages: 73 Posted: 30 Apr 2004
Accepted Paper Series
Independent
Downloads 2,870
2.

Google and the Limits of Antitrust: The Case Against the Antitrust Case Against Google

Lewis & Clark Law School Legal Studies Research Paper No. 2010-19, George Mason Law & Economics Research Paper No. 10-25, Harvard Journal of Law and Public Policy, Vol. 34, No. 1, Winter 2011
Number of pages: 75 Posted: 30 Mar 2010 Last Revised: 27 Oct 2012
Working Paper Series
International Center for Law & Economics (ICLE) and George Mason University - Antonin Scalia Law School, Faculty
Downloads 2,578
3.

The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power

American University Law Review, Vol. 56, p. 367, 2006, Lewis & Clark Law School Legal Studies Research Paper No. 2007-2
Number of pages: 53 Posted: 09 Oct 2006 Last Revised: 18 May 2010
Accepted Paper Series
Lewis & Clark Law School
Downloads 1,946
4.

The Decline of Class Actions

Washington University Law Review, Vol. 90, 2013, Lewis & Clark Law School Legal Studies Research Paper No. 2012-6
Number of pages: 111 Posted: 12 Apr 2012 Last Revised: 30 Jul 2013
Accepted Paper Series
Lewis & Clark Law School
Downloads 1,459
5.

Innovation and the Limits of Antitrust

George Mason Law & Economics Research Paper No. 09-54, Lewis & Clark Law School Legal Studies Research Paper No. 2009-26
Number of pages: 77 Posted: 28 Oct 2009 Last Revised: 27 Oct 2012
Accepted Paper Series
International Center for Law & Economics (ICLE) and George Mason University - Antonin Scalia Law School, Faculty

Multiple version iconThere are 2 versions of this paper

Downloads 1,411
6.

The International Law of Colonialism: A Comparative Analysis

Lewis & Clark Law Review, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2011-23
Number of pages: 106 Posted: 31 Aug 2011 Last Revised: 21 Sep 2011
Accepted Paper Series
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 1,205
7.

Untangling the Web of Music Copyrights

Case Western Reserve Law Review, Vol. 53, Spring 2003
Number of pages: 49 Posted: 01 Oct 2003
Accepted Paper Series
Lewis & Clark Law School
Downloads 1,180
8.

The Doctrine of Discovery in American Indian Law

Idaho Law Review, Vol. 42, 2005
Number of pages: 96 Posted: 17 May 2005
Accepted Paper Series
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 1,143
9.

If Search Neutrality is the Answer, What's the Question?

ICLE Antitrust & Consumer Protection Program White Paper Series, Lewis & Clark Law School Legal Studies Research Paper No. 2011-14, George Mason Law & Economics Research Paper No. 11-37
Number of pages: 95 Posted: 14 Apr 2011 Last Revised: 29 Oct 2012
Working Paper Series
International Center for Law & Economics (ICLE) and George Mason University - Antonin Scalia Law School, Faculty
Downloads 1,119
10.

States of Confusion: The Rise of State and Local Power over Immigration

North Carolina Law Review, Vol. 86, Issue 6, 2008, Lewis & Clark Law School Legal Studies Research Paper No. 2008-22
Number of pages: 63 Posted: 12 Sep 2008 Last Revised: 08 Oct 2008
Accepted Paper Series
Lewis & Clark Law School
Downloads 826
11.

Standard Setting, Patents, and Access Lock-In: Rand Licensing and the Theory of the Firm

Indiana Law Review, Vol. 40, 2006, Lewis & Clark Law School Legal Studies Research Paper No. 2007-6
Number of pages: 41 Posted: 18 Aug 2006 Last Revised: 03 Oct 2015
Accepted Paper Series
University of Georgia School of Law
Downloads 766
12.

The Public Trust Doctrine in Environmental and Natural Resources Law: Chapter 1 (Introduction)

The Public Trust Doctrine in Environmental and Natural Resources Law, Carolina Academic Press, pp. 1-56, 2013, Lewis & Clark Law School Legal Studies Research Paper No. 13/2013
Number of pages: 94 Posted: 08 Jun 2013 Last Revised: 13 Apr 2017
Accepted Paper Series
Lewis & Clark Law School and University of Oregon - School of Law
Downloads 738
13.

The Third Model of Criminal Process: The Victim Participation Model

Utah Law Review, 1999
Number of pages: 44 Posted: 13 Sep 1999
Accepted Paper Series
Lewis and Clark Law School
Downloads 704
14.

The Shape of Modern Torture: Extraordinary Rendition and Ghost Detainees

Melbourne Journal of International Law, Vol. 6, p. 516, 2005
Number of pages: 18 Posted: 01 Nov 2005
Accepted Paper Series
Lewis & Clark Law School
Downloads 681
15.

Oregon's Death Penalty: The Practical Reality

Lewis & Clark Law Review, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2012-24
Number of pages: 68 Posted: 12 Sep 2012 Last Revised: 28 Feb 2017
Accepted Paper Series
Lewis & Clark Law School
Downloads 676
16.

Slaying the Leather-Winged Demons in the Night: Reforming Copyright Owner Contracting with Clickwrap Misuse

Ohio Northern University Law Review, Vol. 30, 2004
Number of pages: 61 Posted: 30 Aug 2004
Accepted Paper Series
Lewis & Clark Law School
Downloads 673
17.

The Problem of Search Engines as Essential Facilities: An Economic & Legal Assessment

THE NEXT DIGITAL DECADE: ESSAYS ON THE FUTURE OF THE INTERNET, p. 419, Berin Szoka, Adam Marcus, eds., TechFreedom, January 2011, Lewis & Clark Law School Legal Studies Research Paper No. 2011-10
Number of pages: 20 Posted: 25 Jan 2011 Last Revised: 29 Oct 2012
Accepted Paper Series
International Center for Law & Economics (ICLE)
Downloads 666
18.

Defining Private Life Under the European Convention on Human Rights by Referring to Reasonable Expectations

California Western International Law Journal, Vol. 35, No. 2, May 2005
Number of pages: 52 Posted: 21 Feb 2005
Accepted Paper Series
Lewis & Clark Law School
Downloads 657
19.

Prospective Compensation in Lieu of a Final Injunction in Patent and Copyright Cases

Fordham Law Review, Vol. 78, p. 1661, 2009-2010, Lewis & Clark Law School Legal Studies Research Paper No. 2009-13
Number of pages: 71 Posted: 09 Mar 2009 Last Revised: 16 Mar 2010
Accepted Paper Series
Lewis & Clark Law School
Downloads 577
20.

Tribal Constitutions and Native Sovereignty

Number of pages: 23 Posted: 05 Apr 2011
Working Paper Series
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 561
21.

An Indigenous Lens into Comparative Law: The Doctrine of Discovery in the United States and New Zealand

Lewis & Clark Law School Legal Studies Research Paper No. 2008-7, West Virginia Law Review, Vol. 111, 2008
Number of pages: 60 Posted: 03 Mar 2008 Last Revised: 08 Aug 2013
Accepted Paper Series
Arizona State University (ASU) - Sandra Day O'Connor College of Law and University of Otago
Downloads 560
22.

Building a Reliable Semicommons of Creative Works: Enforcement of Creative Commons Licenses and Limited Abandonment of Copyright

George Mason Law Review, Vol. 14, p. 271, 2007, Lewis & Clark Law School Legal Studies Research Paper No. 2007-12
Number of pages: 59 Posted: 20 Apr 2007 Last Revised: 09 Nov 2007
Accepted Paper Series
Lewis & Clark Law School
Downloads 541
23.

Regulating Innovation: Competition Policy and Patent Law under Uncertainty

REGULATING INNOVATION: COMPETITION POLICY AND PATENT LAW UNDER UNCERTAINTY, Geoffrey A. Manne, Joshua D. Wright, eds., Cambridge U. Press, 2009, George Mason Law & Economics Research Paper No. 09-41, Lewis & Clark Law School Legal Studies Research Paper No. 2009-19
Number of pages: 39 Posted: 28 Aug 2009 Last Revised: 28 Dec 2013
Accepted Paper Series
International Center for Law & Economics (ICLE) and George Mason University - Antonin Scalia Law School, Faculty
Downloads 536
24.

Were Timothy Mcveigh and the Unabomber the Only White Terrorists?: Race, Religion, and the Perception of Terrorism

Alabama Civil Rights & Civil Liberties Law Review, Vol. 4, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2012-9
Number of pages: 50 Posted: 01 May 2012 Last Revised: 08 May 2012
Accepted Paper Series
Lewis & Clark Law School
Downloads 535
25.

See One, Do One, Teach One: Dissecting the Use of Medical Education’s Signature Pedagogy in the Law School Curriculum

Georgia State University Law Review, Forthcoming, Wake Forest Univ. Legal Studies Paper No. 1380079, Lewis & Clark Law School Legal Studies Research Paper No. 2009-20, NYLS Clinical Research Institute Paper No. 09/10 #4, Drexel University Earle Mack School of Law Research Paper No. 1380079
Number of pages: 57 Posted: 15 Apr 2009 Last Revised: 24 May 2014
Accepted Paper Series
Wake Forest University - School of Law, Drexel University Thomas R. Kline School of Law and Lewis & Clark Law School
Downloads 524
26.

The Military as the Guardian of Constitutional Democracy

Columbia Journal of Transnational Law, Vol. 50, Summer 2013, Lewis & Clark Law School Legal Studies Research Paper No. 2012-30
Number of pages: 80 Posted: 13 Oct 2012 Last Revised: 21 Nov 2012
Accepted Paper Series
Lewis & Clark Law School
Downloads 522
27.

The Evolution of Accommodation: Comparing the Unequal Treatment of Religious Objections to Interracial and Same-Sex Marriages

50 Harvard Civil Rights-Civil Liberties Law Review (CR-CL) 99 (2015), Lewis & Clark Law School Legal Studies Research Paper No. 2014-10
Number of pages: 54 Posted: 24 Feb 2014 Last Revised: 08 May 2015
Accepted Paper Series
Lewis & Clark Law School
Downloads 495
28.

Securities Class Actions in State Court

University of Cincinnati Law Review, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2011-17
Number of pages: 58 Posted: 03 Jun 2011 Last Revised: 17 Aug 2011
Accepted Paper Series
Lewis & Clark Law School
Downloads 490
29.

Torture in the Modern West

Number of pages: 76 Posted: 02 May 2006
Working Paper Series
Lewis & Clark Law School
Downloads 490
30.

Property and Personhood Revisited

Wake Forest Journal of Law & Public Policy, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2010-23
Number of pages: 55 Posted: 15 Jul 2010 Last Revised: 15 Nov 2010
Accepted Paper Series
Lewis & Clark Law School
Downloads 488
31.

Christianity, American Indians, and the Doctrine of Discovery

REMEMBERING JAMESTOWN: HARD QUESTIONS ABOUT CHRISTIAN MISSION, Amos Yong, Barbara Brown Zikmund, eds., Pickwick Publications, 2010, Lewis & Clark Law School Legal Studies Research Paper No. 2011-13
Number of pages: 17 Posted: 08 Apr 2011
Accepted Paper Series
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 471
32.

The Public Trust Doctrine: A Twenty-First Century Concept

Hastings West-Northwest Journal of Environmental Law & Policy, Vol. 14, 2009, Lewis & Clark Law School Legal Studies Research Paper No. 2009-21
Number of pages: 5 Posted: 08 Sep 2009 Last Revised: 05 Oct 2009
Accepted Paper Series
Lewis & Clark Law School
Downloads 461
33.

Rethinking Sustainability to Meet the Climate Change Challenge

43 Environmental Law Reporter 10342-10357, SUNY Buffalo Legal Studies Research Paper No. 2013-023, Hofstra Univ. Legal Studies Research Paper No. 13-05, Lewis & Clark Law School Legal Studies Research Paper No. 2013-1, University of Utah College of Law Research Paper No. 22, Roger Williams Univ. Legal Studies Paper No. 153
Number of pages: 16 Posted: 16 Dec 2012 Last Revised: 18 Aug 2014
Accepted Paper Series
Columbia University - Sabin Center for Climate Change Law, BurlesonInstitute.org, City University of New York - School of Law, University of Utah S.J. Quinney College of Law, Global Institute for Health and Human Rights, Albany Law School, University of Colorado Law School, Hofstra University - School of Law, University of Idaho College of Law - Boise, University at Buffalo Law School, Vermont Law School, Lewis & Clark Law School, Oklahoma City University - School of Law and Drake University Law School
Downloads 458
34.

Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-Making and Modern Natural Resources Policy in Indian Country

Vermont Law Review, Vol. 28, p. 713, 2004
Number of pages: 65 Posted: 21 Sep 2004
Accepted Paper Series
Lewis & Clark Law School
Downloads 447
35.

The Proven Key: Roles and Rules for Dictionaries in the Patent Office and the Courts

American University Law Review, Vol. 54, p. 829, 2005
Number of pages: 103 Posted: 06 Aug 2005
Accepted Paper Series
University of Georgia School of Law and Marger Johnson & McCollom
Downloads 446
36.

Stealth Authoritarianism

100 Iowa Law Review 1673 (2015), Lewis & Clark Law School Legal Studies Research Paper No. 2014-12
Number of pages: 70 Posted: 26 Apr 2014 Last Revised: 16 Feb 2016
Accepted Paper Series
Lewis & Clark Law School
Downloads 445
37.

Dam Removal in the Pacific Northwest: Lessons for the Nation

Environmental Law, Vol. 42, 2012, Lewis & Clark Law School Legal Studies Research Paper #2012-23
Number of pages: 58 Posted: 06 Jul 2012 Last Revised: 03 Jan 2013
Accepted Paper Series
Lewis & Clark Law School and Independent
Downloads 441
38.

The Public Trust Doctrine in Forty-Five States

Lewis & Clark Law School Legal Studies Research Paper
Number of pages: 934 Posted: 29 Mar 2013 Last Revised: 13 Feb 2015
Working Paper Series
Lewis & Clark Law School, Independent, Independent, Independent, The Justis Law Firm LLC, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent, Independent and Independent
Downloads 437
39.

Striking a Balance between Investor Protections and National Sovereignty: The Relevance of Local Remedies in Investment Treaty Arbitration

Columbia Journal of Transnational Law, Vol. 49, No. 2, 2011, Lewis & Clark Law School Legal Studies Research Paper No. 2011-15
Number of pages: 68 Posted: 19 Jun 2011 Last Revised: 18 Aug 2011
Accepted Paper Series
Lewis & Clark Law School
Downloads 430
40.

When Socrates Meets Confucius: Teaching Creative and Critical Thinking Across Cultures Through Multilevel Socratic Method

92 NEBRASKA L. REV. 289 (2013), Lewis & Clark Law School Legal Studies Research Paper No. 2013-22
Number of pages: 60 Posted: 23 Aug 2013 Last Revised: 12 Aug 2014
Accepted Paper Series
Florida State University, College of Law
Downloads 430
41.

The Fallacies of Free Market Environmentalism

Harvard Journal of Law and Public Policy, Vol. 15, p. 371, 1992
Number of pages: 19 Posted: 24 Jan 2006
Accepted Paper Series
Lewis & Clark Law School
Downloads 428
42.

International Extradition, the Rule of Non-Inquiry, and the Problem of Sovereignty

Boston University Law Review, Vol. 90. p. 1973, 2010, Lewis & Clark Law School Legal Studies Research 2010-4
Number of pages: 57 Posted: 19 Nov 2009 Last Revised: 17 Nov 2010
Working Paper Series
Lewis & Clark Law School
Downloads 407
43.

The Untold Story of the First Copyright Suit Under the Statute of Anne in 1710

Berkeley Technology Law Journal, Vol. 25, No. 3, p. 1247, 2010, Lewis & Clark Law School Legal Studies Research Paper No. 2010-11
Number of pages: 106 Posted: 23 Mar 2010 Last Revised: 14 Apr 2011
Accepted Paper Series
Lewis & Clark Law School
Downloads 407
44.

Internationalizing the Public Trust Doctrine: Natural Law and Constitutional and Statutory Approaches to Fulifilling the Saxion Vision

University of California Davis Law Review, Vol. 44, 2012, Lewis & Clark Law School Legal Studies Research Paper No. 2011-12
Number of pages: 71 Posted: 23 Apr 2011 Last Revised: 17 Feb 2012
Accepted Paper Series
Lewis & Clark Law School and The Justis Law Firm LLC
Downloads 391
45.

What is the Grotian Tradition in International Law?

University of Pennsylvania Journal of International Law, Vol. 35, Forthcoming, Lewis & Clark Law School Legal Studies Research Paper No. 2013-23
Number of pages: 79 Posted: 08 Sep 2013 Last Revised: 30 Apr 2014
Accepted Paper Series
Lewis & Clark Law School
Downloads 391
46.

Public Participation and Transparency in Administrative Law - Three Examples as an Object Lesson

Administrative Law Review, Vol. 61, No. 171, 2009, Lewis & Clark Law School Legal Studies Research Paper No. 2010-1
Number of pages: 29 Posted: 10 Nov 2009 Last Revised: 04 Jul 2012
Accepted Paper Series
Lewis & Clark Law School
Downloads 385
47.

Economic Development in Indian Country: Will Capitalism or Socialism Succeed?

Oregon Law Review, Vol. 80, No. 3, 2001
Number of pages: 103 Posted: 06 Jul 2008 Last Revised: 09 Aug 2009
Accepted Paper Series
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 381
48.

'Anything But Bush?': The Obama Administration and Guantanamo Bay

Harvard Journal of Law and Public Policy, Vol. 34, No. 2, p. 453, 2010, Lewis & Clark Law School Legal Studies Research Paper
Number of pages: 40 Posted: 29 May 2011
Accepted Paper Series
Lewis & Clark Law School
Downloads 374
49.

Terrorism and the New Criminal Process

Number of pages: 30 Posted: 27 Sep 2005
Working Paper Series
Lewis & Clark Law School

Multiple version iconThere are 2 versions of this paper

Downloads 371
50.

What History Teaches Us About Copyright Injunctions and the Inadequate-Remedy-At-Law Requirement

Southern California Law Review, Vol. 81, p. 1197, 2008, Lewis & Clark Law School Legal Studies Research Paper No. 2008-13
Number of pages: 84 Posted: 05 Mar 2008 Last Revised: 08 Mar 2009
Accepted Paper Series
Lewis & Clark Law School
Downloads 368