"Looking Backward" to 1938
It is a pleasure to contribute to this celebration of the seventy-fifth anniversary of the Federal Rules. As one who… Continue reading →
Volume 162 (2013-2014)
-
-
The First Disestablishment: Limits on Church Power and Property Before the Civil War
The rights and responsibilities of religious institutions are hotly debated in the early twenty-first century. Liberal separationists argue that religious… Continue reading →
-
The Next Generation Communications Privacy Act
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to regulate government access to Internet communications and records. ECPA… Continue reading →
-
Read My Lipsky: Reliance on Consent Orders in Pleadings
Consent orders are used to resolve government enforcement actions through a court-approved settlement. Although consent orders often include detailed factual… Continue reading →
-
Patent Nonuse and Technology Suppression: The Use of Compulsory Licensing to Promote Progress
The U.S. Supreme Court has consistently and adamantly held that patents do not require patentees to use or commercialize their… Continue reading →
-
Funding Terror
The events of September 11, 2001, forever changed the political and legal responses to terrorism. After more than ten years,… Continue reading →
-
Constitutional Colorblindness and the Family
Family law has escaped the colorblindness revolution. During the same time frame that the Supreme Court has adopted increasingly stringent… Continue reading →
-
Why Do Retail Investors Make Costly Mistakes? An Experiment on Mutual Fund Choice
Congress has recently acknowledged the need for a better understanding of investor behavior. In the Dodd–Frank Act, Congress instructed the… Continue reading →
-
The Divided States of America: Reinterpreting Title VII’s National Origin Provision to Account for Subnational Discrimination Within the United States
From the marginalization of Native Americans to the bitter rivalry between the North and the South, discrimination within the United… Continue reading →
-
Putting Plea Bargaining on the Record
More than a decade ago, Rolando Stockton rejected a plea bargain that came with a ten-year prison sentence, opting instead… Continue reading →