Note: Bad Blood: An Examination of the Constitutional Deficiencies of the FDA’s “Gay Blood Ban”
By Mathew L. Morrison. Full text here. The LGBT community has made great strides in attaining legal rights, beginning largely with Lawrence v. Texas and, to date, culminating with Windsor v. United States. These decisions have granted a broad array of rights, and many argue that the right of same-sex couples to marry nationwide is inevitable.…Continue Reading
Note: Clarifying the Standards for Personal Jurisdiction in Light of Growing Transactions on the Internet: The Zippo Test and Pleading of Personal Jurisdiction
By Annie Soo Yeon Ahn. Full text here. Currently, despite the vast and attractive Internet market, the Supreme Court has not ruled definitively on which test should govern personal jurisdiction in cases involving transactions on the Internet. As a result, different tests and diverging results have developed concerning the constitutionality of specific jurisdiction on the Internet,…Continue Reading
Privacy and Organizational Persons
By Eric W. Orts & Amy Sepinwall. Full text here. This Article responds to an argument made recently by Elizabeth Pollman that corporations should not be deemed to have “constitutional privacy rights” in “most circumstances.” Setting forth an alternative conception of organizational rights and examining different meanings of “privacy,” the Article contends that courts should tread…Continue Reading
Strengthening Federalism: The Uniform State Law Movement in the United States
By Robert A. Stein. Full text here. This Article addresses the importance of uniform state laws in maintaining and strengthening federalism in the United States. The federal system of government established by the Constitution depends on an appropriate balance of federal and state law. Under the Tenth Amendment to the Constitution, powers not delegated to…Continue Reading
Sue To Adapt?
By Jacqueline Peel & Hari M. Osofsky. Full text here. Climate change litigation has influenced regulation substantially in the United States. Most notably, the Supreme Court’s decision in Massachusetts v. EPA serves as the basis for federal Clean Air Act regulation of greenhouse gas emissions from motor vehicles and power plants. However, most U.S. litigation thus…Continue Reading
Should Agencies Enforce?
By Max Minzner. Full text here. This Article explores an important but understudied structural choice: the decision to vest enforcement authority in administrative agencies. Each year, agencies routinely bring enforcement actions producing billions of dollars in civil penalties and industry-reshaping consent decrees. Where do they get this power? Congress grants enforcement authority to administrative agencies because…Continue Reading
Good Faith and Fair Dealing as an Underenforced Legal Norm
By Paul MacMahon. Full text here. American contract law includes a duty of good faith and fair dealing in the performance of every contract. The duty appears, on first reading, to authorize judges to attach sanctions whenever one party to a contract acts unreasonably towards another. But judicial practice very often falls short of such an…Continue Reading