The Imperial Treaty Power
Modern debates over the scope of federal treaty-making power are framed by histories written at the turn of the last… Continue reading →
Search results for: “Article”
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The Collapse of the Federal Rules System
A prominent federal judge who knows the field well suggested that I immerse myself in Steve Burbank’s work when I… 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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The Property Strategy
My objective in this Article is to offer a description of property as an institution for organizing the use of… Continue reading →
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Administrative Constitutionalism and the Northwest Ordinance
The Northwest Ordinance is the fourth of the organic laws of the United States that preceded the U.S. Code, alongside… Continue reading →
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Spelling Out Spokeo
The modern law of Article III standing in federal courts constitutes an enduring conundrum. It rests on “an idea, which… Continue reading →
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Dangerous Liaisons: Criminalization of “Relationship Hires” under the Foreign Corrupt Practices Act
On August 17, 2013, the New York Times published a front page story on JPMorgan Chase & Co. that cast… Continue reading →
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Special Domestic Violence Criminal Jurisdiction for Indian Tribes: Inherent Tribal Sovereignty versus Defendants' Complete Constitutional Rights
Special domestic violence criminal jurisdiction for Indian tribes took effect nationally on March 7, 2015, and it was a historic… Continue reading →
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Assessing Chief Justice William Rehnquist’s Court
Professor Chemerinsky’s interesting article shows—sometimes expressly, more often indirectly—why periodization is one of the recurrent issues in historiography. His article… Continue reading →
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Choice of Law in Same-Sex Marriage
Introduction Marriage is all around us. While in many respects, marriage is an intimate relationship between individuals, it is also… Continue reading →