By Jonathan J. Darrow. Full text here. Pharmaceutical approval today suffers from a serious ethical flaw: newly FDA-approved drugs are de facto “tested” on an unknowing general public in the months and years immediately following drug approval, without either the informed consent of the consuming public or an understanding by the public of the risks that…

By Nelson Tebbe. Full text here. What are the constitutional limits on government endorsement? Judges and scholars typically assume that when the government speaks on its own account, it faces few restrictions. In fact, they often say that the only real restriction on government speech is the Establishment Clause. On this view, officials cannot endorse Christianity…

By Anna Roberts. Full text here. Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions must be embittered against the state, do not justify their…

By Aaron Perzanowski. Full text here. The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over…

By Deven R. Desai. Full text here. Corporate speech is out of balance. Corporations now enjoy expanded speech rights, but the ability to speak about corporations is restricted. This situation must change. That corporations are people for First Amendment questions is a fait accompli. We can debate the merits or wisdom of that fact, but the…

By President William J. Clinton. Full text here. Volume 98’s lead piece is by President William J. Clinton. President Clinton’s Essay emphasizes the importance moving forward in our interdependent, global economy, and addressing some of the major challenges we still face. The piece brings into focus important goals we need to continue striving for, including equality,…

By Morgan Anderson Helme. Full text here. Genetically modified organisms (GMOs) leaped into the spotlight last year with California’s Proposition 37, which proposed mandatory labeling for all foods containing GMOs. Consumers argued they have a right to know what’s in their Cheerios. Manufacturers fought back that such state labeling laws would be expensive and unwieldy, and…

By Saule T. Omarova. Full text here. This Article examines the principal legal, policy, and theoretical implications of a transformative—but so far unrecognized—change in the banking industry: the emergence, over the last decade, of U.S. financial conglomerates as leading global merchants in physical commodities, including crude and refined oil products, natural gas, coal, base metals, and…

By Thomas W. Merrill & David M. Schizer. Full text here. In the past decade, energy companies have learned to tap previously inaccessible oil and gas in shale and other impermeable rock formations with “hydraulic fracturing” (“fracturing” or “fracking”), pumping fluid at high pressure to crack the rock and release gas and oil trapped inside. This…

By David Gray and Danielle Citron. Full text here. We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all…