Comptroller v. Wynne: Internal Consistency, a National Marketplace, and Limits on State Sovereignty to Tax
On November 12, 2014, the U.S. Supreme Court heard oral argument in Comptroller of the Treasury v. Wynne. The case,… Continue reading →
Volume 163 (2014-2015)
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Court Competition for Patent Cases
There are ninety-four federal district courts in the United States, but nearly half of the six thousand patent cases filed… Continue reading →
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Image Is Everything: Corporate Branding and Religious Accommodation in the Workplace
There is growing tension in the law between an employee’s right to religious expression in the workplace and an employer’s… Continue reading →
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Tontine Pensions
Tontines are investment vehicles that can be used to provide retirement income. A tontine is a financial product that combines… Continue reading →
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An Inconvenient Truth: How Forum Non Conveniens Doctrine Allows Defendants to Escape State Court Jurisdiction
Imagine you are a foreign citizen. You have been injured in a foreign country due to the negligence of a… Continue reading →
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Proposing a Transactional Approach to Civil Forfeiture Reform
Civil forfeiture is a truly extraordinary legal doctrine—so much so that those who find themselves subject to a forfeiture proceeding… Continue reading →
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King v. Burwell and the Validity of Federal Tax Subsidies Under the Affordable Care Act
Set for oral argument on March 4, 2015, King v. Burwell brings to the Supreme Court yet another challenge to… Continue reading →
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Big Data and Predictive Reasonable Suspicion
The Fourth Amendment requires “reasonable suspicion” to stop a suspect. As a general matter, police officers develop this suspicion based… Continue reading →
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Foreign Sovereign Immunity and Comparative Institutional Competence
Policymakers and legal scholars routinely make “comparative institutional competence” claims—claims that one branch of government is better at performing a… Continue reading →
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The Power to Privilege
A new and startling development has recently occurred in the law of delegation: Congress has for the first time expressly… Continue reading →