Essay: Unsubsidizing Suburbia
By Nicole Stelle Garnett. Full text here.
Continue ReadingLawyers, Justice, and the Challenge of Moral Pluralism
By Katherine R. Kruse. Full text here. Each year law students confront the same question in their professional responsibility classes: should lawyers represent clients who want to use the law to do something immoral? Legal scholars who have addressed this question fall into two main camps: traditionalists and social justice theorists. Traditionalists argue that lawyers should…
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 ReadingNote: Meet Me at the (West Coast) Hotel: The Lochner Era and the Demise of Roe v. Wade
By Jason A. Adkins. Full text here. Long-standing constitutional precedents can be overturned when the original holdings have become “unworkable.” This principle, first articulated in Planned Parenthood of Southeastern Pennsylvania v. Casey and repeated by now-Chief Justice Roberts in his confirmation hearings, provides a creative means for overturning the most controversial precedent of all: Roe…
Continue ReadingSubstantive Due Process as a Source of Constitutional Protection for Nonpolitical Speech
By Gregory P. Magarian. Full text here. Present First Amendment doctrine presumptively protects anything within the descriptive category “expression” from government regulation, subject to balancing against countervailing government interests. As government actions during the present War on Terrorism have made all too clear, that doctrine allows intolerable suppression of political debate and dissent—the expressive activity most…
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