By Mary-Rose Papandrea. Full text here. The reporter’s privilege is under attack, and “pajama-clad bloggers” are largely to blame. Courts and commentators have argued that because the rise of bloggers and other “citizen journalists” renders it difficult to define who should be considered a reporter entitled to invoke the privilege, the continued existence of the…

By James G. Dwyer. Full text here. Major federal legislation since the mid-90s has embodied a philosophical shift away from trying to salvage grossly unfit parents and toward ensuring children good families before they incur permanently damaging abuse, neglect, or foster care drift. That legislation has created a widespread perception that the state is now more…

By Ross E. Davies. Full text here. The conventional view is that the constitutional mandate that “[t]he judicial power of the United States shall be vested in one supreme Court” precludes legislation creating some sort of back-up Court. This reading is rooted in the idea that the word “one” in “one supreme Court” must be read…

By Diane Leenheer Zimmerman. Full text here. The enormous controversy generated by the Google Library project demonstrates three important points. First, the potential for digitization to protect works against loss or deterioration is tremendous. Second, digitization creates an opportunity to offer access to preserved works without regard to a user’s physical location—something that both promises…

By Jason Mazzone. Full text here. The Bill of Rights originated as a constraint only on the federal government. As every law student learns, therefore, in the 1833 case of Barron v. Baltimore, the Supreme Court dismissed a Fifth Amendment takings claim against a state. This Article shows, however, that early state courts regularly invoked and…

By Lawrence A. Cunningham. Full text here. This Article adds to the emerging literature on rewards to promote effective capital market gatekeeping. Capital market gatekeeping theory traditionally relies heavily on threats of legal liability for failure to perform legally mandated functions (along with a presumed constraint imposed by reputation effects). The ineffectiveness of many gatekeepers in…

By Richard L. Hasen. Full text here. With the recent personnel changes on the Supreme Court, the pendulum has swung sharply away from deference in campaign finance regulation toward perhaps the greatest period of deregulation since before Congress passed the important 1974 Amendments to the Federal Election Campaign Act. In the 2006 Randall v. Sorrell decision,…