Vol. 93 Print Issues
93:1
Essay: The Constitution in the National Surveillance State, by Jack M. Balkin here
The Rules Enabling Act and the Procedural-Substantive Tension: A Lesson in Statutory Interpretation, by Martin H. Redish and Dennis Murashko here
Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, by Jill Elaine Hasday here
Generous to a Fault? Fair Shares and Charitable Giving, by Miranda Perry Fleischer here
The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States, by Sara C. Bronin here
Note: Gagging on the First Amendment: Assessing Challenges to the Reauthorization Act’s Nondisclosure Provision, by Kyle Hawkins here
Note: The Gift That Keeps on Taking: How Federal Banking Laws Prevent States from Enforcing Gift Card Laws, by Y. Angela Lam here
Note: Removing the Judicial Gag Rule: A Proposal for Changing Judicial Speech Regulations to Encourage Public Discussion of Active Cases, by Michael D. Schoepf here
93:2
Essay: Protecting Financial Markets: Lessons from the Subprime Morgage Meltdown, by Steven L. Schwarcz here
The Child Protection Pretense: States’ Continued Consignment of Newborn Babies to Unfit Parents, by James G. Dwyer here
Horizontal Federalism, by Allan Erbsen here
Avalanche or Undue Alarm? An Empirical Study of Subpoenas Received by the News Media, by RonNell Andersen Jones here
The Mythical Divide Between Collateral and Direct Consequences of Criminal Convictions: Involuntary Commitment of “Sexually Violent Predators”, by Jenny Roberts here
Note: Blight and Its Discontents: Awarding Attorney’s Fees to Property Owners in Redevelopment Actions, by Noreen E. Johnson here
Note: When the Invention Is an Inventor: Revitalizing Patentable Subject Matter to Exclude Unpredictable Processes, by Peter M. Kohlhepp here
93:3
Reclaiming International Law from Extraterritoriality, by Austen L. Parrish here
Privatizing Ethics in Corporate Reorganizations, by A. Mechele Dickerson here
Natural Laws and Inevitable Infringement, by Alan L. Durham here
Do Courts Create Moral Hazard?: When Judges Nullify Employer Liability in Arbitrations, by Michael H. LeRoy here
Note: Prosecutorial Use of Forensic Science at Trial: When Is a Lab Report Testimonial?, by Joe Bourne here
Note: Presuming Innocence: Expanding the Confrontation Clause Analysis to Protect Children and Defendants in Child Sexual Abuse Prosecutions, by Anna Richey-Allen here
Note: Sweetening the Deal: Strengthening Transnational Bribery Laws Through Standard International Corporate Auditing Guidelines, by Timothy W. Schmidt here
93:4
The Myth of Self-Regulation, by Fred C. Zacharias here
Beyond the Article I Horizon: Congress’s Enumerated Powers and Universal Jurisdiction Over Drug Crimes, by Eugene Kontorovich here
Reason-Giving and Accountability, by Glen Staszewski here
Making Defendants Speak, by Ted Sampsell-Jones here
Note: Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion, by Claire Deason here
Note: Accepting Justice Kennedy’s Challenge: Reviving Race-Conscious School Assignments in the Wake of Parents Involved, by Charles E. Dickinson here
93:5
Foreword, by Jeffrey P. Justman here
Separation of Powers During the Forty-Fourth Presidency and Beyond, by Brett M. Kavanaugh here
Judicial Nominations in an Umpireless Game: Trusted Sources, a Complaint, and a Proposal, by Benjamin Wittes here
The Political Economy of Judging, by Thomas Brennan, Lee Epstein, and Nancy Staudt here
Dissents Against Type, by Ward Farnsworth here
Hear Me Roar: What Provokes Supreme Court Justices to Dissent from the Bench?, by Timothy R. Johnson, Ryan C. Black, and Eve M. Ringsmuth here
Shortcuts to Reform, by Heather K. Gerken here
Withdrawal: The Roberts Court and the Retreat from Election Law, by Ellen Katz here
Defacing Democracy?: The Changing Nature and Rising Importance of As-Applied Challenges in the Supreme Court’s Recent Election Law Decisions, by Nathaniel Persily and Jennifer S. Rosenberg here
Disappearing Districts: Minority Vote Dilution Doctrine as Politics, by Terry Smith here
The Fatally Flawed Theory of the Unbundled Executive, by Steven G. Calabresi and Nicholas Terrell here
The Accountable Executive, by Heidi Kitrosser here
Wartime Judgments of Presidential Power: Striking Down but Not Back, by William G. Howell here
Shaping Supreme Court Policy Through Appointments: The Impact of a New Justice, by Charles Cameron and Jee-Kwang Park, with Deborah Beim here
Note: Murder and the Military Commissions: Prohibiting the Executive’s Unauthorized Expansion of Jurisdiction, by Joseph C. Hansen here
Note: Native American Rape Victims: Desperately Seeking an Oliphant-Fix, by Marie Quasius here
93:6
Are Patents on Interfaces Impeding Interoperability?, by Pamela Samuelson here
Specific Performance and the Thirteenth Amendment, by Nathan B. Oman here
The Limits of Backlash: Assessing the Political Response to Kelo, by Ilya Somin here
The National Surveillance State: A Response to Balkin, by Orin S. Kerr here
Review Essay: How a Judge Thinks, by Michael J. Gerhardt here
Note: Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing, by David A. Couillard here
Note: Cramming Down the Housing Crisis: Amending 11 U.S.C. § 1322(b) to Protect Homeowners and Create a Sustainable Bankruptcy System, by Nina Liao here
Note: Inequitable-Conduct Doctrine Reform: Is the Death Penalty for Patents Still Appropriate?, by Nicole M. Murphy here