Death Delayed Is Retribution Denied
By Russell L. Christopher. Full text here. Does death row incarceration for upwards of thirty years or more impermissibly impose the suffering of additional punishment or permissibly bestow the benefit of death delayed and thus the enjoyment of life extended? Most commentators conceive of it as an unconstitutional additional punishment that is either cruel and unusual…
Continue ReadingDisclosing Big Data
By Michael Mattioli. Full text here. This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries—from medicine, to energy, to online services. At the…
Continue ReadingMore Is More: Strengthening Free Exercise, Speech, and Association
By John D. Inazu. Full text here. Prominent scholars have suggested that one important means of strengthening the First Amendment is by limiting its protections to “core” interests. Philip Hamburger has asserted the argument most forcefully. His generalized worry is that expanding the coverage of First Amendment rights can shift absolute protection of a defined core…
Continue ReadingBondholders and Securities Class Actions
By James J. Park. Full text here. Prior studies of corporate and securities law litigation have focused almost entirely on cases filed by shareholder plaintiffs. Bondholders are thought to play little role in holding corporations accountable for poor governance that leads to fraud. This Article challenges that conventional view in light of new evidence that bond…
Continue ReadingNote: A Manageable Solution with Meaningful Results: Illuminating IRS Enforcement of § 501(c)(3)’s Prohibition on Political Intervention
By Julia D. Zwak. Full text here.
Continue ReadingNote: The Separate Spheres Ideology: An Improved Empirical and Litigation Approach to Family Responsibilities Discrimination
By Andrea L. Miller. Full text here.
Continue ReadingNote: Suppressing Evidence in Immigration Proceedings: The Need for a Lenient Egregiousness Standard and Rebellious Lawyering
By Mikaela A. Devine. Full text here.
Continue ReadingTruthiness: Corporate Public Figures and the Problem of Harmful Truths
By Ashutosh Bhagwat. Full text here. This paper is an invited response to Deven Desai’s article, Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine.
Continue ReadingThe Death of Tax Court Exceptionalism
By Stephanie Hoffer & Christopher J. Walker. Full text here. Tax exceptionalism — the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state — has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial…
Continue ReadingLaw at the End of War
By Deborah N. Pearlstein. Full text here. As the United States continues to withdraw troops from Afghanistan in the coming year, courts will increasingly face the task of interpreting the dozens of federal laws whose operation depends on the existence of war. The 2009 Military Commissions Act (MCA), for instance, makes offenses triable by military commission…
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