Judicial Recusal and the Court
Later this month, all nine justices will be hearing oral argument on the constitutionality of the Patient Protection and Affordable… Continue reading →
Debate
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America Invents, More or Less?
In September 2011, President Obama signed the most significant patent law overhaul in decades, the America Invents Act. The central… Continue reading →
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Climate Change and the Courts
In Climate Change and the Courts, Professors Jason S. Johnston and Heidi M. Hurd debate whether there should be a… Continue reading →
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King v. Burwell and the Validity of Federal Tax Subsidies Under the Affordable Care Act
Set for oral argument on March 4, 2015, King v. Burwell brings to the Supreme Court yet another challenge to… Continue reading →
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Off-Label Drug Promotion and the First Amendment
Off-label promotion—pharmaceutical manufacturers’ marketing of FDA-approved drugs for unapproved uses—is considered a First Amendment right by some, a threat to… Continue reading →
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The Constitutionality of Stop-and-Frisk in New York City
Stop-and-frisk, a crime prevention tactic that allows a police officer to stop a person based on “reasonable suspicion” of criminal… Continue reading →
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Algorithms and Speech
One of the central questions in free speech jurisprudence is what activities the First Amendment encompasses. This Article considers that… Continue reading →
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Machine Speech
Computers are making an increasing number of important decisions in our lives. They fly airplanes, navigate traffic, and even recommend… Continue reading →
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The Contraception Mandate and Religious Freedom
In 2012, the Obama Administration announced its plan to require most American employers to cover the costs of contraception for… Continue reading →
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Immigration Preemption after United States v. Arizona
In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.”… Continue reading →