Why Proportionality Matters
The Supreme Court decided recently in Graham v. Florida that the Eighth Amendment prohibits a sentence of life in prison… Continue reading →
2012
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Governance Property
Is property a black box? Is it best understood in terms of the relationship between owners and nonowners, without regard… Continue reading →
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Getting More By Asking Less: Justifying and Reforming Tax Law’s Offer-In- Compromise Procedure
The Offer in Compromise (OIC) is a procedure by which the IRS may agree to forgive a portion of the… Continue reading →
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To Copy or Not to Copy, That Is the Question: The Game Theory Approach to Protecting Fashion Designs
Fashion designers in the United States, unlike those in many for- eign jurisdictions, enjoy only limited intellectual property protection for… Continue reading →
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Scaling the Wall and Running the Mile: The Role of Physical-Selection Procedures in the Disparate Impact Narrative
Since the Supreme Court’s landmark decision in Dothard v. Rawlinson in 1977, gender-based disparate impact litigation has been limited in… Continue reading →
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Toward a Constitutional Chevron: Lessons from Rapanos
In 2006, the Supreme Court started a revolution in environmental law. In Rapanos v. United States, while addressing jurisdiction over… Continue reading →
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Facebook, Twitter, and the Uncertain Future of Present Sense Impressions
The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms.… Continue reading →
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Adaptable Due Process
The requirements of procedural due process must adapt to our constantly changing world. Over thirty years have passed since the… Continue reading →
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All Alone in Arbitration: AT&T Mobility v. Concepcion and the Substantive Impact of Class Action Waivers
On April 27, 2011, the Supreme Court announced its decision in AT&T Mobility LLC v. Concepcion, one of the most… Continue reading →
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Searching Secrets
A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure… Continue reading →