Review Essay: The Limits of Their World
By Robert Hockett. Full text here.
Continue ReadingNote: From House to Home: Creating a Right to Early Lease Termination for Domestic Violence Victims
By Anne C. Johnson. Full text here. Domestic violence remains one of society’s most pervasive and complicated problems. Among the complexities lies a victim’s difficult decision to leave an abuser. In an overwhelming majority of states, domestic violence victims also face the financial burden of terminating their residential leases when deciding to flee abuse. Such monetary…
Continue ReadingNote: Establishing a Substantial Limitation in Interacting with Others: A Call for Clearer Guidance from the EEOC
By Lisa M. Benrud-Larson. Full text here. Congress enacted the Americans with Disabilities Act (ADA) with the goal of providing clear and consistent standards for eliminating discrimination against persons with disabilities. To be disabled within the meaning of the ADA, a person must have a physical or mental impairment that substantially limits a major life activity.…
Continue ReadingAn Embedded Options Theory of Indefinite Contracts
By George S. Geis. Full text here. Option theory is beginning to generate robust insights in the legal literature, and it is particularly well-suited to contract law. This Article develops an embedded options theory of indefinite contracts, focusing on the proper scope of the indefiniteness doctrine—a core principle of contract law invalidating contracts that are too…
Continue ReadingA Theory of Copyright's Derivative Right and Related Doctrines
By Michael Abramowicz. Full text here. Although many copyrighted works are close substitutes for other copyrighted works, there would be many more close substitutes of certain works in the absence of the derivative right, the exclusive right to create adaptations of a copyrighted work. Yet even the derivative right’s defenders identify the suppression of new expression…
Continue ReadingCongress, the Supreme Court, and Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy by Placing Limits on Federal Court Jurisdiction
By Neal Devins. Full text here. By turning a statute limiting court jurisdiction into a delegation of power by Congress to the Supreme Court, the Hamdan v. Rumsfeld opinion is a political masterstroke. This Essay explains why “the least dangerous branch” felt empowered to ignore congressional limits on its authority, repudiate presidentially created military tribunals, and…
Continue ReadingThe Preventive Paradigm and the Perils of Ad Hoc Balancing
By Jules Lobel. Full text here.
Continue ReadingImmigration Reform, National Security After September 11, and the Future of North American Integration
By Kevin R. Johnson & Bernard Trujillo. Full text here.
Continue ReadingHamdan and Common Article 3: Did the Supreme Court Get It Right?
By Fionnuala Ní Aoláin. Full text here.
Continue ReadingThe Untold Story of al Qaeda's Administrative Law Dilemmas
By Mariano-Florentino Cuéllar. Full text here.
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