"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)
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Twenty Years of Shareholder Proposals After Cracker Barrel: An Effective Tool for Implementing LGBT Employment Protections
“This employee is being terminated due to violation of company policy. The employee is gay.” This was the reason Cracker… Continue reading →
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The Applicability of State Appeal Bond Caps in Suits Brought in Federal Courts Pursuant to Diversity Jurisdiction
Since 2000, forty-one states have passed appeal bond reform statutes, a tort reform measure that, in some shape or form,… Continue reading →
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Selling State Borders
The relationship between state sovereignty and state territory in the United States is more complex, interesting, and unstable than the… Continue reading →
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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 →
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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 →
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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 →
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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 →
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Funding Terror
The events of September 11, 2001, forever changed the political and legal responses to terrorism. After more than ten years,… Continue reading →
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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 →