Cybercrime Litigation
Cybercrime is, undoubtedly, a growing problem. Scarcely a week goes by without reports of massive online misconduct. The primary federal… Continue reading →
Volume 164 (2015-2016)
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How to Avoid the Standing Problem in Floyd: A Relaxed Approach to Standing in Class Actions
David Ourlicht, a black Manhattan man in his twenties, was stopped and frisked by New York City police officers three… Continue reading →
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Protecting, Restoring, Improving: Incorporating Therapeutic Jurisprudence and Restorative Justice Concepts into Civil Domestic Violence Cases
This Essay calls attention to various deficiencies underlying the civil protection order process. It argues that the parties in the… Continue reading →
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Combining Constitutional Clauses
Some constitutional questions implicate multiple, overlapping provisions of the Constitution’s text. In resolving these questions, the Supreme Court typically addresses… Continue reading →
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First Amendment Freeze Play: Bennett’s Strategy for Entrenching Inequality
Rick Perlstein has described American elections as the “[p]lutocrats’ [r]ight to [c]hoose.” Conservative media and academics have also lamented the… Continue reading →
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How Sausage Is Made: A Research Agenda for Campaign Finance and Lobbying
The constitutional law governing campaign finance regulation is back up for grabs. The late Justice Antonin Scalia was an unwavering… Continue reading →
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Resurrecting the Neglected Liberty of Self‐Government
The liberty of citizens in a democracy has two components—the negative liberty to be let alone and the positive liberty… Continue reading →
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The Federalism Implications of Campaign Finance Regulation
Recent controversies in campaign finance have generated concerns that wealthy donors will dominate the political landscape, with Citizens United v.… Continue reading →
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The Media Exemption Puzzle of Campaign Finance Laws
In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court held that a federal… Continue reading →
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The Case for a Democratic Theory of American Election Law
If any area of constitutional adjudication requires philosophizing and a theory about politics, it is election law. Current election law… Continue reading →