Hear Me Roar: What Provokes Supreme Court Justices to Dissent from the Bench?
By Timothy R. Johnson, Ryan C. Black, & Eve M. Ringsmuth. Full text here.
Continue ReadingDissents Against Type
By Ward Farnsworth. Full text here.
Continue ReadingThe Political Economy of Judging
By Thomas Brennan, Lee Epstein, & Nancy Staudt. Full text here.
Continue ReadingJudicial Nominations in an Umpireless Game: Trusted Sources, a Complaint, and a Proposal
By Benjamin Wittes. Full text here.
Continue ReadingSeparation of Powers During the Forty-Fourth Presidency and Beyond
By Brett M. Kavanaugh. Full text here.
Continue ReadingForeword
By Jeffrey P. Justman. Full text here.
Continue ReadingNote: Removing the Judicial Gag Rule: A Proposal for Changing Judicial Speech Regulations to Encourage Public Discussion of Active Cases
By Michael D. Schoepf. Full text here. The judiciary may be the oft-forgotten third-branch of government, but judges still face ample criticism from the media and the public just like their colleagues in the legislative and executive branches. Unlike their colleagues however, judges cannot respond with glossy public relations campaigns because of judicial rules that severely…
Continue ReadingNote: The Gift That Keeps on Taking: How Federal Banking Laws Prevent States from Enforcing Gift Card Laws
By Y. Angela Lam. Full text here. Every year, consumers purchase about $80 billion in gift cards, only to lose $8 billion loaded on those cards because of expiration dates and service fees that deplete the value of the cards. State legislators have tried to protect consumers by passing laws that would prohibit or limit the…
Continue ReadingNote: Gagging on the First Amendment: Assessing Challenges to the Reauthorization Act's Nondisclosure Provision
By Kyle Hawkins. Full text here. In September, 2007, a federal court struck down the nondisclosure provisions of the Electronic Communications Privacy Act (ECPA), which governed the use of national security letters (NSLs). While civil liberties groups praised the decision, the FBI mourned the loss of a crucial tool in its antiterrorism investigations. Indeed, the FBI…
Continue ReadingThe Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States
By Sara C. Bronin. Full text here. Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities’ long-held power over land use regulation. In the authors’ view, this quiet revolution would occur when policymakers and the public recognized that certain problems—like environmental destruction—were too big…
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