Judicial Independence Under Attack: A Theory of Necessity
Did the longest government shutdown in United States history this past winter constitute a severe threat to a functioning and… Continue reading →
2019
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Similar Secrets
A foundational question in every dispute over intellectual property is whether the defendant’s product is too similar to the plaintiff’s.… Continue reading →
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Dialogic Due Process
This Article analyzes the current divergence between due process doctrine and practice. It begins by tracing the shift from the… Continue reading →
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The Sixth Amendment Facade: The Racial Evolution of the Right To Counsel
One of the most perilous pitfalls of constitutional criminal procedure scholarship is the inexact treatment of race vis‐a‐vis the Sixth… Continue reading →
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Injustice At The Border: Application Of The Constitution Abroad Through The Conflict Of Laws
Deciding whether the U.S. Constitution applies abroad is a complicated question and one that is not easily answered by looking… Continue reading →
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Copyright And Reality
Reality is a daunting concept. Most people have an intuitive understanding of the stuff of reality, but this gut feeling… Continue reading →
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Dynamic Legislation
To overcome congressional gridlock, lawmakers have developed devices that, under certain conditions, provide easier paths to policy change. Procedural mechanisms… Continue reading →
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The Privacy Interest in Property
Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important… Continue reading →
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Libertarian Gun Control
Individuals should have the option to waive their Second Amendment rights to keep and bear arms by adding their names… Continue reading →
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The Birth Certificate Solution: Ensuring the Interstate Recognition of Same-Sex Parentage
In the celebrated decision of Obergefell v. Hodges, the Supreme Court held that same‐sex couples have a constitutional right to… Continue reading →