Modernizing Class Action Cy Pres Through Democratic Inputs: A Return to Cy Pres Comme Possible
Forty-five years ago, the ancient doctrine of “cy pres” was lifted from the pages of trust law and applied, for… Continue reading →
2015
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Prohibiting Sexual Orientation Discrimination in Public Accommodations: A Common Law Approach
Although forty-five states have enacted statutes prohibiting discrimination in so-called “public accommodations”—broadly defined as those businesses offering “lodging, food, entertainment,… Continue reading →
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Judicial Comparativism and Judicial Diplomacy
By global standards, the U.S. Supreme Court is unusual in a number of respects, but one of its most distinctive… Continue reading →
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Do You Have to Keep the Government's Secrets? Retroactively Classified Documents, the First Amendment, and the Power to Make Secrets Out of the Public Record
Now you see it. Now you don’t. This is not a magician’s incantation. It is a description of retroactive classification,… Continue reading →
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Behavioral International Law
Economic analysis and rational choice have made significant inroads into the study of international law and institutions in the last… Continue reading →
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Toward a Standard of Meaningful Review: Examining the Actual Protections Afforded to Prisoners in Long-Term Solitary Confinement
The unprecedented trend of lengthy incarceration in the United States has produced a disturbing byproduct: the use of long-term solitary… Continue reading →
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Recovering for the Loss of a Beloved Pet: Rethinking the Legal Classification of Companion Animals and the Requirements for Loss of Companion-ship Tort Damages
Under U.S. law, animals are considered the property of their human companions. With this classification, individuals are granted the right… Continue reading →
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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 →
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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 →