Reframing the Confirmation Debate
The Supreme Court is home to nine Justices. Over the past one hundred and fifty years, there has been no… Continue reading →
Essay
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Corruption Law After McDonnell: Not Dead Yet
The Supreme Court waited until the last day of its October 2015 Term to issue an opinion in McDonnell v.… Continue reading →
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Reframing United States v. Salman
If a corporate insider breaches a confidence to his employer by passing along nonpublic information to a family member, who… Continue reading →
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Protecting, Restoring, Improving: Incorporating Therapeutic Jurisprudence and Restorative Justice Concepts into Civil Domestic Violence Cases
This Essay calls attention to various deficiencies underlying the civil protection order process. It argues that the parties in the… Continue reading →
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The Federalism Implications of Campaign Finance Regulation
Recent controversies in campaign finance have generated concerns that wealthy donors will dominate the political landscape, with Citizens United v.… Continue reading →
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The Media Exemption Puzzle of Campaign Finance Laws
In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court held that a federal… Continue reading →
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The Case for a Democratic Theory of American Election Law
If any area of constitutional adjudication requires philosophizing and a theory about politics, it is election law. Current election law… Continue reading →
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Sources of Conservative Thinking on Democracy
Not all conservatives are hostile to democracy or question the legitimacy of the democratic process, but many do, and their… Continue reading →
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Justice Kennedy’s Democratic Dystopia
If any area of constitutional adjudication requires philosophizing and a theory about politics, it is election law. Current election law… Continue reading →
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A Locked iPhone; Unlocked Corporate Constitutional Rights
The Roberts Court, extant for eleven years, has acquired the pejorative moniker, the “Corporate Court.” In the same short time… Continue reading →