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 →
2014
-
-
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 →
-
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 →
-
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 →
-
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 →
-
Funding Terror
The events of September 11, 2001, forever changed the political and legal responses to terrorism. After more than ten years,… Continue reading →
-
“I’ll Take Form Over Substance for $800, Trebek”: Why Blueford Was Too Rigid and How States Can Properly Provide Double Jeopardy Protection
In August 2009, Arkansas tried Alex Blueford for the murder of a one‐year‐old child. Blueford was charged with capital murder,… Continue reading →
-
Dodd-Frank Orderly Liquidation Authority: Too Big for the Constitution?
The Dodd–Frank Act, enacted in the wake of the U.S. financial crisis of 2007 to 2009, is the federal government’s… Continue reading →
-
The Duryodhana Dilemma: United States v. A 10th Century Cambodian Sandstone Sculpture and a Proposed Code of Ethics-Based Response to Repatriation Requests for Auction Houses
On March 24, 2011, Sotheby’s New York unexpectedly removed its showcase lot, the Duryodhana, from its Indian & Southeast Asian… Continue reading →
-
Pro Se Paternalism: The Contractual, Practical, and Behavioral Cases for Automatic Reversal
Johnnie Cochran, Robert Shapiro, and F. Lee Bailey all became famous as criminal defense attorneys. Television dramas depicting the high-stakes… Continue reading →