In Memoriam – Arlen Specter: 1930‐2012
In this memoriam, Judge Jan E. DuBois of the United States District Court for the Eastern District of Pennsylvania remembers… Continue reading →
2013
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Exorcising McCulloch: The Conflict-Ridden History of American Banking Nationalism and Dodd-Frank Preemption
Conventional wisdom holds that federal laws conferring banking powers on national banks presumptively preempt state laws seeking to control the… Continue reading →
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An Empirical Study of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls Without Harming Innovators?
This Article conducts an empirical analysis of the relative ages of patents litigated by practicing and nonpracticing entities (NPEs). By… Continue reading →
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Confusing the Means for the Ends: How a Pro-Settlement Policy Risks Undermining the Aims of Title VII
When analyzing cases arising from disputes over Title VII settlements, courts often begin with the proposition that Congress intended to… Continue reading →
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Suboptimal Social Science and Judicial Precedent
The social sciences have developed dramatically over the last century in both breadth and sophistication. These disciplines offer systematic data… Continue reading →
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The Geography of the Battlefield: A Framework for Detention and Targeting Outside the “Hot” Conflict Zone
The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the… Continue reading →
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W(h)ither Bivens
While we agree with Vázquez and Vladeck on many points and have great admiration for their work, we disagree with… Continue reading →
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The Contraception Mandate and Religious Freedom
In 2012, the Obama Administration announced its plan to require most American employers to cover the costs of contraception for… Continue reading →
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Catch-All Doctrinalism and Judicial Desire
In a provocative new article, Professors Carlos Vázquez and Stephen Vladeck suggest that courts dismiss Bivens claims because judges believe… Continue reading →
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Commandeering Information (And Informing the Commandeered)
The anti‐commandeering rule just hit its high point. Fifteen years after the Supreme Court last held a law unconstitutional under… Continue reading →