By Derek E. Bambauer. Full text here. Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate online content. They do so increasingly through informal enforcement measures, such as threats, at the edge of or outside their authority—a practice this Article calls “jawboning.” The Article argues…

By Daniel A. Farber. Full text here. This Article introduces Volume 100 of the Minnesota Law Review. Like much of legal scholarship today, Issue 1 was deeply and unapologetically embedded in the concerns of its day, which was on the cusp between the Progressive Era and the outbreak of World War I. It is not uncommon…

By Eric W. Orts & Amy Sepinwall. Full text here. This Article responds to an argument made recently by Elizabeth Pollman that corporations should not be deemed to have “constitutional privacy rights” in “most circumstances.” Setting forth an alternative conception of organizational rights and examining different meanings of “privacy,” the Article contends that courts should tread…

By Robert A. Stein. Full text here. This Article addresses the importance of uniform state laws in maintaining and strengthening federalism in the United States. The federal system of government established by the Constitution depends on an appropriate balance of federal and state law. Under the Tenth Amendment to the Constitution, powers not delegated to…

By Jacqueline Peel & Hari M. Osofsky. Full text here. Climate change litigation has influenced regulation substantially in the United States. Most notably, the Supreme Court’s decision in Massachusetts v. EPA serves as the basis for federal Clean Air Act regulation of greenhouse gas emissions from motor vehicles and power plants. However, most U.S. litigation thus…

By Max Minzner. Full text here. This Article explores an important but understudied structural choice: the decision to vest enforcement authority in administrative agencies. Each year, agencies routinely bring enforcement actions producing billions of dollars in civil penalties and industry-reshaping consent decrees. Where do they get this power? Congress grants enforcement authority to administrative agencies because…

By Paul MacMahon. Full text here. American contract law includes a duty of good faith and fair dealing in the performance of every contract. The duty appears, on first reading, to authorize judges to attach sanctions whenever one party to a contract acts unreasonably towards another. But judicial practice very often falls short of such an…