Volume 36

ISSUE 1

Natural Selection, Irreducible Complexity, and the Bacterial Flagellum: A Contrarian Approach to the Intelligent Design Debate
David Crump

Can Copyright Law Perform the Perfect Fouette?:1 Keeping Law and Choreography on Balance to Achieve the Purposes of the Copyright Clause
Katie M. Benton 

Given an Inch, the Detainee Effort to Take a Mile: The Detainee Legislation and the Dangers of the "Litigation Weapon in Unrestrained Enemy Hands"
Brian D. Fahy 

The Muted Rise of the Silent Witness Rule in National Security Litigation: The Eastern District of Virginia' s Answer to the Fight Over Classified Information at Trial
Jonathan M. Lamb 

ISSUE 2

Free Speech and Press in the Modern Age: Can 2 0th Century Theory Bear the Weight of 21st Century Demands?— Introduction
Barry P. McDonald

Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century
Geoffrey R. Stone

Is it Better to Be Safe than Sorry?: Free Speech and the Precautionary Principle
Frederick Schauer

Words "Which By Their Very Utterance Inflict Injury": The Evolving Treatment of Inherently Dangerous Speech in Free Speech Law and Theory
Rodney A. Smolla

The Regulation of Extremist Speech in the Era of Mass Digital Communications: Is Brandenburg Tolerance Obsolete in the Terrorist Era?
Nadine Strossen

The Constitutional Logic of Campaign Finance Regulation
Samuel Issacharoff

Campaign Finance Regulation and the Marketplace of Emotions
Barry P. McDonald

Can Freedom of Speech Bear the Twenty-First Century's Weight?
Lillian R. BeVier

The Future of Free Expression in a Digital Age
Jack M. Balkin

Red Lion and Pacifica: Are they Relics?
L.A. Powe, Jr.

SPECIAL ISSUE

Introduction
Robert F. Cochran Jr

Higher Law Questions: A Prelude to the Symposium
Steven D. Smith

Persons, Participating, and "Higher Law"
Patrick McKinley Brennan

From Blackstone to Holmes: The Revolt Against Natural Law
Albert W. Alschuler

Law and Economics: Is there a Higher Law?
Kenneth G. Elzinga

Critical Legal Studies as a Spiritual Practice
Peter Gabel

For Peter, With Love
John Henry Schlegel

Cain's Law
Elizabeth Mensch

What Can We Hope For from Law?
Ellen S. Pryor

Law and Redemption: Political Judgment and the Church's Proclamation
Joan Lockwood O'Donovan

Law, Higher Law, and Human Making
William S. Brewbaker III

Theology and the Higher Law
Yitzchok Adlerstein

Is There a "Higher Law"? Does It Matter?
Connie S. Rosati

Higher Law and the Rule of Law: The Platonic Origin of an Ideal
V. Bradley Lewis

Why It Matters Whether There Is a Higher Law or Not
Dallas Willard

ISSUE 3

The Saucier Qualified Immunity Experiment: An Empirical Analysis
Nancy Leong

Another Jackpot (In)Justice: Verdict Variability and Issue Preclusion in Mass Torts
Byron G. Stier

Kimbrough and Gall: Taking Another "Crack" at Expanding judicial Discretion Under the Federal Sentencing Guidelines
Chris Gaspard 

Confronting the Shadow: Is Forcing a Muslim Witness to Unveil in a Criminal Trial a Constitutional Right, or an Unreasonable Intrusion?
Steven R. Houchin

The Class Action (Un)Fairness Act of 2005: Could it Spell the End of the Multi-State Consumer Class Action?
Michael Isaac Miller 

ISSUE 4

Happiness, Efficiency, and the Promise of Decisional Equity: From Outcome to Process
Jeffrey L. Harrison

Impeachable Offenses?: Why Civil Parties in Quasi-Criminal Cases Should be Treated Like Criminal Defendants Under the Felony Impeachment Rule
Colin Miller

The Twombly Revolution?
Douglas G. Smith

"Mortal [K]ombat in cleats": An Examination of the Effectiveness of the National Football League's Disability Plan and Its Impact on Retired Players
Brett Edwin LoVellette 

Government Tan Lines: Examining the Reach and Effectiveness of Federal and State Efforts to Protect Consumers from the Dangers of Indoor Tanning
Michelle Kay Pulley