By Kerry Abrams. Full text here. This Article argues that much of federal immigration law functions as a form of family law. Although conventional wisdom holds that family law is state law, federal immigration law actually regulates marriages that involve immigrants much more extensively than state family law does, and often unintentionally. This Article maps the…

By Mark A. Lemley. Full text here. Electronic contracting has experienced a sea change in the last decade. Ten years ago, courts required affirmative evidence of agreement to form a contract. No court had enforced a “shrinkwrap” license, much less treated a unilateral statement of preferences as a binding agreement. Today, by contrast, it seems widely…

By Roger A Fairfax, Jr. Full text here. For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to be a mandatory prerequisite to a federal court’s exercise of criminal subject matter jurisdiction. Under that view of the Grand Jury Clause, a defendant in a federal felony case could neither…

By Daphna Lewinsohn-Zamir. Full text here. Most people agree that enhancing individuals’ well-being and promoting equality among them are important goals of the state. Much more controversial, however, is the question of which means should be used to redistribute welfare. An ongoing debate centers on whether redistribution should be attained solely through taxes and transfer payments,…

By Peter H. Huang and Christopher J. Anderson. Full review essay here.

By Joseph Raz. Full text here. Why ought we subject our will to authority? How is a person with authority justified in demanding that we subject our will? What does it mean to be a legitimate authority? This is the problem of authority that Professor Raz addressed many years ago under the title of the…

By Mark D. Rosen. Full text here. When Hawaii seemed poised to be the first state in the Union to permit same-sex marriage in the 1990s, Congress passed the Defense of Marriage Act (DOMA). DOMA provides that states need not recognize same-sex marriages (or judgments in connection with such marriages) performed in sister states. Though many…

By Alfred C. Yen. Full text here. This Article studies the construction of third-party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third-party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third-party copyright…

By Barry C. Feld. Full text here. The Supreme Court does not require any special procedural safeguards when police interrogate youths. Instead, it uses the adult standard—“knowing, intelligent, and voluntary under the totality of the circumstances”—to gauge the validity of juveniles’ waivers of Miranda rights. Developmental psychologists have examined adolescents’ capacity to exercise or waive…

By Steven D. Smith. Full text here.