By Guido Calabresi & Eric S. Fish. Full text here. States form federalist unions when they want to align for economic or security reasons in spite of fundamental moral disagreements. By decentralizing policy-making authority, federalism allows such states to enjoy the benefits of union without being made to live under laws their citizens find immoral. But…

By Albert C. Lin. Full text here. Proposals to govern geoengineering research have focused heavily on the physical risks associated with individual research projects, and to a somewhat lesser degree on fostering public trust. While these concerns are critical, they are not the only concerns that research governance should address. Generally overlooked, and more difficult to…

By Christopher Buccafusco & David Fagundes. Full text here. Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no financial harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-pecuniary…

By Stacey A. Tovino. Full text here. In its broadest sense, this Article challenges the lack of legally enforceable rights available to individuals in United States Immigration and Customs Enforcement (ICE) custody. More specifically, this Article examines ICE’s widespread practice of secluding immigration detainees for lengthy periods of time for purported administrative, disciplinary, or protective reasons.…

By Prentiss Cox. Full text here. Government enforcement actions have returned tens of billions of dollars to consumers, investors and employees. This “public enforcement compensation” is important to effective civil law enforcement, yet it is poorly understood and increasingly criticized. Recent scholarship asserts that public compensation mimics class action recoveries and raises the same concerns of accountability…

By Walter F. Mondale, Robert A. Stein & Caitlinrose Fisher. Full text here.  Since the founding of our nation, the executive, judicial, and legislative branches of government have struggled with maintaining an appropriate balance between gathering intelligence for national security purposes and protecting the civil liberties of United States citizens. This difficulty is compounded by the…

By Nancy Leong. Full text here. Alan David Freeman’s seminal article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, provided a pathbreaking account of Supreme Court jurisprudence. Professor Freeman observed that the law guaranteed racial equality while simultaneously rationalizing the ongoing existence of grievous inequality. This Symposium Article demonstrates that Professor Freeman’s…

By Robert S. Chang. Full text here. This Article examines several decades of race antidiscrimination law to conjecture about the course LGBT civil rights might take following Obergefell v. Hodges. It draws from Alan Freeman’s germinal Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, and asks…

By Mario L. Barnes. Full text here. In his foundational Minnesota Law Review article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, Critical Legal Studies (CLS) scholar Alan D. Freeman reviewed 25 years of U.S. Supreme Court jurisprudence with the goal of analyzing the disjuncture between the statutory and constitutional prohibition…

By Andrew Manuel Crespo. Full text here. Anthony Amsterdam’s seminal Perspectives on the Fourth Amendment opens with a discussion of the various institutional “vexations” that confront the Supreme Court when it works to interpret and implement the Fourth Amendment.  Commemorating the centennial volume of the Review that first published that legal classic, this Article offers a…