By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article… Continue reading →
In the debate about who controls the meaning of the Constitution, popular constitutionalism appears to be losing. Popular constitutionalist methods… Continue reading →
This Article considers one of the challenges of this evolution: the role of intermediaries’ liability for the harm they cause… Continue reading →
Antitrust agencies around the world are increasingly focusing on digital indus- tries. Critics have justifiably questioned the ability of competition… Continue reading →
An architectural principle known as protocol layering is widely recognized as one of the foundations of the Internet’s success. In… Continue reading →
Scholars engaged in empirical legal research have long struggled to balance the methodological demands of social science with the normative… Continue reading →
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to regulate government access to Internet communications and records. ECPA… Continue reading →
Family law has escaped the colorblindness revolution. During the same time frame that the Supreme Court has adopted increasingly stringent… Continue reading →
At first glance, constitutional avoidance—the principle that courts construe statutes to avoid conflict with the Constitution when possible—appears both unremarkable… Continue reading →
Risk-based rules are the tax system’s primary response to aggressive tax planning. They usually grant benefits only to those taxpayers… Continue reading →