Essay: Unsubsidizing Suburbia
By Nicole Stelle Garnett. Full text here.
Continue ReadingLawyers, Justice, and the Challenge of Moral Pluralism
By Katherine R. Kruse. Full text here. Each year law students confront the same question in their professional responsibility classes: should lawyers represent clients who want to use the law to do something immoral? Legal scholars who have addressed this question fall into two main camps: traditionalists and social justice theorists. Traditionalists argue that lawyers should…
Continue ReadingWhen Judges Lie (and When They Should)
By Paul Butler. Full text here. What should a judge do when she must apply law that she believes is fundamentally unjust? The problem is as old as slavery. It is as contemporary as the debates about capital punishment and abortion rights. In a famous essay, Robert Cover described four choices that a judge has in…
Continue ReadingThe Scientific Study of Judicial Activism
By Frank B. Cross & Stefanie A. Lindquist. Full text here. Claims of judicial activism are common from both the right and the left, but they are seldom scrutinized systematically. Prior tests of judicial activism published in law reviews have typically involved analysis of frequency distributions reflecting the number of cases in which Justices voted…
Continue ReadingWhy Supreme Court Justices Should Ride Circuit Again
By David R. Stras. Full text here. The practice of Supreme Court Justices circuit riding is as old as the federal judiciary itself and has a storied history that spans the first 120 years of this nation’s history. Yet the practice is also one of the least explored aspects of the Judiciary Act of 1789 and…
Continue ReadingNote: Kiss, Kiss, Bang, Bang: How Current Approaches to Guns and Domestic Violence Fail to Save Women's Lives
By Jennifer L. Vainik. Full text here. In comparison to the general population, battered women are much more likely to experience gun violence at the hands of their intimate partners. However, despite an increasing recognition that the government must take special measures to stop gun violence against battered women, current laws remain ineffective at disarming batterers.…
Continue ReadingNote: An Unacceptable Exception: The Ramifications of Physician Immunity from Medical Procedure Patent Infringement Liability
By Emily C. Melvin. Full text here. Medical procedures present a unique challenge to the patent system. Without patents, investors may be unwilling to commit resources to the costly development of new procedures. However, patents on these procedures may decrease public access to the procedures, which may harm society’s interest in accessible medical care. In response…
Continue ReadingNote: The Executive Reports, We Decide: The Constitutionality of an Executive Branch Question and Report Period
By Alex Hontos. Full text here. Currently, Congress acquires information from the executive branch through two primary methods: the legislative subpoena or an “invitation” for an executive official to testify. These approaches are inadequate, the former often too blunt and subject to majority control while the latter too lenient and irregular. Increased congressional scrutiny of…
Continue ReadingThe Perfect Storm of Retirement Insecurity: Fixing the Three-Legged Stool of Social Security, Pensions, and Personal Savings
By Stephen F. Befort. Full text here. This Article provides a unique, wide-angle view of the looming crisis in retirement security. The impending confluence of a burgeoning retiree cohort and a diminishing resource base threatens to wreak havoc on the financial well-being of the coming generation of retirees. This Article first reviews the current status of…
Continue ReadingRewriting Rule 68: Realizing the Benefits of the Federal Settlement Rule by Injecting Certainty into Offers of Judgment
By Danielle M. Shelton. Full text here. This Article explores a court-sponsored settlement tool—Rule 68 of the Federal Rules of Civil Procedure—which allows defendants to formally offer settlement to plaintiffs. The rule differs from typical settlement devices because the plaintiff’s rejection of a Rule 68 settlement offer carries consequences. Namely, if the plaintiff receives less…
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