Regulating Pollen
The most common allergen is pollen, and pollen causes the most common allergy, known as “hay fever.” While pollen allergies might appear to be the unavoidable cost of living with flowering plants, the suffering engendered by pollen allergies is largely our own creation. Plants will always flower, but people have built a world that increases…
Continue ReadingGovernment Endorsement: A Reply to Nelson Tebbe’s Government Nonendorsement
In this response to Nelson Tebbe’s Government Nonendorsement, Abner Greene continues to develop his “thick perfectionist” view of government speech, arguing that the state may use its speech powers to advance various views of the good, from left, center, and right, even on controversial issues. Greene supports Tebbe’s view that there are some limits on…
Continue ReadingSonia Sotomayor: Role Model of Empathy and Purposeful Ambition
In writing her memoir, My Beloved World, U.S. Supreme Court Justice Sonia Sotomayor expressly acknowledges that she is a public role model and embraces this responsibility by making herself accessible to a broad audience. As a public figure, she sees an opportunity to connect with others through an account of her life journey, with details…
Continue ReadingNo Explanation Required? A Reply to Jeffrey Bellin’s eHearsay
You see why I tell you I ain’t want to be no damn juror. Some dude just come by my house and tell me he going pay me money to say not guilty. Now I don’t know what to do, because if I tell the judge they’re going to know it’s me. I know, right.…
Continue ReadingSubstantial Government Interference with Prosecution Witnesses: The Ninth Circuit’s Decision in United States v. Juan
On January 7, 2013, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in United States v. Juan. As a matter of first impression, the Ninth Circuit held that the constitutional proscription on substantial governmental interference with defense witnesses also applies to prosecution witnesses. By extending the “substantial…
Continue ReadingA Global Collection: Reviewing The Global Limits of Competition Law
The Global Limits of Competition Law is the first installment in Daniel Sokol’s and Ioannis Lianos’s ambitious new series from Stanford University Press, Global Competition Law and Economics. The project is ambitious because it takes on a potentially unbounded topic, and one that is constantly changing. It is also ambitious because Sokol and Lianos enter…
Continue ReadingWhen Too Little Is Too Much: Why the Supreme Court Should Either Explain Its Opinions or Keep Them to Itself
In 1972, the Supreme Court released what appears on its face to be one of the simplest opinions in its history. That decision, Baker v. Nelson, read, in its entirety: “The appeal is dismissed for want of a substantial federal question.” That’s it. Eleven straightforward words. But, as is often the case in the law,…
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