In Defense of Judicial Empathy
By Thomas B. Colby. Full text here. President Obama has repeatedly stated that he views a capacity for empathy as an essential attribute of a good judge. And conservatives have heaped mountains of scorn upon him for saying so—accusing him of expressing open contempt for the rule of law. This Article seeks to offer a sustained…
Continue ReadingWhich Law Governs During Armed Conflict? The Relationship Between International Humanitarian Law and Human Rights Law
By Oona A. Hathaway, Rebecca Crootof, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, and Julia Spiegel. Full text here. Which law governs during armed conflict—human rights law or humanitarian law? This Article aims to answer that question. It draws on jurisprudence, state practice, and recent scholarship to describe three possible approaches to applying the two…
Continue ReadingAn Immigration Crisis in a Nation of Immigrants: Why Amending the Fourteenth Amendment Won’t Solve Our Problems
By Alberto R. Gonzales. Full text here. The concerns over another terrorist attack, a sluggish economic recovery, high unemployment rates, and state and local budget deficits have propelled immigration policy to the forefront of political debate in the United States. America’s current approach to immigration is an abject failure, undermining the rule of law and our…
Continue ReadingNote: Plausible Defenses: Historical, Plain Meaning, and Public Policy Arguments for Applying Iqbal and Twombly to Affirmative Defenses
By Matthew J.M. Pelikan. Full text here.
Continue ReadingNote: What “Being a Watchdog” Really Means: Removing the Attorney General from the Supervision of Charitable Trusts
By Kelly McNabb. Full text here.
Continue ReadingNote: Ugly on the Inside: An Argument for a Narrow Interpretation of Employer Defenses to Appearance Discrimination
By Mila Gumin. Full text here .
Continue ReadingEssay, Donor Disclosure: Undermining the First Amendment
By Cleta Mitchell. Full text here.
Continue ReadingLessons Learned: Political Advertising and Political Law
By Kenneth Goldstein, David A. Schweidel, & Mike Wittenwyler. Full text here.
Continue ReadingMatching Political Contributions
By Spencer Overton. Full text here.
Continue ReadingSuper PACs
By Richard Briffault. Full text here.
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