A Simple Statutory Solution to Minority Oppression in the Closely Held Business
By John H. Matheson & R. Kevin Maler. Full text here. Disputes involving closely held businesses come in primarily two varieties. When, as is often the case, the business fails, creditors regularly seek to pierce the corporate veil in an attempt to reach the assets of the business owners. When the business succeeds, on the other…
Continue ReadingCrossing the Color Line: Racial Migration and the One-Drop Rule, 1600-1860
By Daniel J. Sharfstein. Full text here. Scholars describe the one-drop rule—the idea that any African ancestry makes a person black—as the American regime of race. While accounts of when the rule emerged vary widely, ranging from the 1660s to the 1920s, most legal scholars have assumed that once established, the rule created a bright line…
Continue ReadingReview Essay: How a Judge Thinks
By Michael J. Gerhardt. Full text here.
Continue ReadingThe National Surveillance State: A Response to Balkin
By Orin S. Kerr. Full text here.
Continue ReadingThe Limits of Backlash: Assessing the Political Response to Kelo
By Ilya Somin. Full text here. The Supreme Court’s 2005 decision in Kelo v. City of New London, which upheld the power of government to condemn private property for purposes of economic development, generated a massive political backlash from across the political spectrum. Over forty states, as well as the federal government, have enacted post-Kelo reform…
Continue ReadingSpecific Performance and the Thirteenth Amendment
By Nathan B. Oman. Full text here. Black-letter law declares that a contract to perform personal services cannot be specifically enforced. Many courts, scholars, and commentators have claimed that such enforcement would constitute “involuntary servitude” under the Thirteenth Amendment. This Article, however, rejects that conventional wisdom. A careful reading of the history leading to the ratification…
Continue ReadingShaping Supreme Court Policy Through Appointments: The Impact of a New Justice
By Charles Cameron & Jee-Kwang Park, with Deborah Beim. Full text here.
Continue ReadingWartime Judgments of Presidential Power: Striking Down but Not Back
By William G. Howell. Full text here.
Continue ReadingThe Fatally Flawed Theory of the Unbundled Executive
By Steven G. Calabresi & Nicholas Terrell. Full text here.
Continue ReadingDisappearing Districts: Minority Vote Dilution Doctrine as Politics
By Terry Smith. Full text here.
Continue Reading