Searching Secrets
A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure… Continue reading →
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Facebook, Twitter, and the Uncertain Future of Present Sense Impressions
The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms.… Continue reading →
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Making Sense of Section 2: Of Biased Votes, Unconstitutional Elections, and Common Law Statutes
This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act’s core provision of… Continue reading →
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Freedom for the Press as an Industry, or For the Press as a Technology? From the Framing to Today
“[T]he freedom . . . of the press” specially protects the press as an industry, which is to say newspapers,… Continue reading →
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Pills and Partisans: Understanding Takeover Defenses
Corporate takeover defenses have long been a focal point of academic and popular attention. However, no consensus exists on such… Continue reading →
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Navigating a Legal Dilemma: A Student’s Right To Legal Counsel In Disciplinary Hearings for Criminal Misbehavior
In recent years, school violence has repeatedly shocked the immediately affected communities and the entire country. While the shootings at… Continue reading →
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Health Insurance Reform And Intimations Of Citizenship
Sometimes what is implied and inferred can be as important as what is stated. In this Article, I argue that… Continue reading →
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Convicts and Convictions: Some Lessons From Transportation for Health Reform
It wasn’t supposed to go this way. The Democrats had taken both houses of Congress in 2006 and the presidency… Continue reading →
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Reflections on the National Association of Insurance Commissioners and the Implementation of the Patient Protection And Affordable Care Act
One of the most common criticisms of the Patient Protection and Affordable Care Act (PPACA) is that it constitutes a… Continue reading →
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The Freedom of Health
What would have happened if the Patient Protection and Affordable Care Act (PPACA)1 really had authorized government “death panels” that… Continue reading →