Yates v. United States: A Case Study in Overcriminalization
In Yates v. United States, the Supreme Court will decide whether tossing undersized fish overboard can be prosecuted under the… Continue reading →
Issue 1
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If Professions Are Just "Cartels By Another Name," What Should We Do About It?
The state action doctrine has been a significant impediment in the campaign against anticompetitive conduct by provider‐dominated state licensing boards.… Continue reading →
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Form 1023-EZ and the Streamlined Process for the Federal Income Tax Exemption: Is the IRS Slashing Red Tape or Opening Pandora’s Box?
On July 1, 2014, the Internal Revenue Service (IRS) released Form 1023‐EZ, a streamlined version of the application required of… Continue reading →
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Probable Cause and Reasonable Suspicion: Totality Tests or Rigid Rules?
Since its decision more than thirty years ago in Illinois v. Gates, the Supreme Court has emphasized that the Fourth… Continue reading →
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Tilting at Insider Trading Windmills
In Insider Trading via the Corporation, Professor Jesse M. Fried expresses his frustration that “when insiders are subject to strict… Continue reading →
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Trademark Law and the Prickly Ambivalence of Post-Parodies
This Essay examines what I call “post‐parodies” in apparel. This emerging genre of do‐it‐yourself fashion is characterized by the appropriation… Continue reading →
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Distinguishing Immigration Violations from Criminal Violations: A Discussion Raised by Justice Sonia Sotomayor
In February 2014, United States Supreme Court Justice Sonia Sotomayor was interviewed at Yale Law School. During the course of… Continue reading →