Super Precedent
By Michael J. Gerhardt. Full text here.
Continue ReadingThe Rule of Law and the Law of Precedents
By Daniel A. Farber. Full text here.
Continue ReadingImmigration Law and the Regulation of Marriage
By Kerry Abrams. Full text here. This Article argues that much of federal immigration law functions as a form of family law. Although conventional wisdom holds that family law is state law, federal immigration law actually regulates marriages that involve immigrants much more extensively than state family law does, and often unintentionally. This Article maps the…
Continue ReadingNote: From Deference to Restraint: Using the Chevron Framework to Evaluate Presidential Signing Statements
By David C. Jenson. Full text here. Presidential signing statements are creeping into judicial opinions with increasing frequency, leading to a resurgence of interest in the issue and several attempts, by Congress and others, to limit the use of signing statements or to challenge their constitutionality. This Note contends that the paramount separation of powers concern…
Continue ReadingTerms of Use
By Mark A. Lemley. Full text here. Electronic contracting has experienced a sea change in the last decade. Ten years ago, courts required affirmative evidence of agreement to form a contract. No court had enforced a “shrinkwrap” license, much less treated a unilateral statement of preferences as a binding agreement. Today, by contrast, it seems widely…
Continue ReadingThe Jurisdictional Heritage of the Grand Jury Clause
By Roger A Fairfax, Jr. Full text here. For the first 150 years of our constitutional history, a valid grand jury indictment was deemed to be a mandatory prerequisite to a federal court’s exercise of criminal subject matter jurisdiction. Under that view of the Grand Jury Clause, a defendant in a federal felony case could neither…
Continue ReadingIn Defense of Redistribution Through Private Law
By Daphna Lewinsohn-Zamir. Full text here. Most people agree that enhancing individuals’ well-being and promoting equality among them are important goals of the state. Much more controversial, however, is the question of which means should be used to redistribute welfare. An ongoing debate centers on whether redistribution should be attained solely through taxes and transfer payments,…
Continue ReadingNote: Fruit of the Poison Tree: A First Amendment Analysis of the History and Character of Intelligent Design Education
By Todd R. Olin. Full text here. Since the famous Scopes Trial in 1925, religious groups have struggled to introduce into public school science education a theory of human origin predicated on a supernatural creator. The latest theory to challenge evolution is Intelligent Design. Although this theory makes no explicit reference to religion or God, it…
Continue ReadingNote, Pharmacist Refusals: Dispensing (With) Religious Accomodation Under Title VII
By Amy Bergquist. Full text here. Pharmacists with greater frequency are refusing to fill certain prescriptions on religious grounds. These employees contend that Title VII of the Civil Rights Act requires pharmacies to accommodate refusing pharmacists by allowing other pharmacists to fill objectionable prescriptions. Some employers embrace this view and accommodate refusing pharmacists by sending customers…
Continue ReadingReview Essay: A Psychology of Emotional Legal Decision Making: Revulsion and Saving Face in Legal Theory and Practice
By Peter H. Huang and Christopher J. Anderson. Full review essay here.
Continue Reading