Articles
Whither the Rule of Lenity
The “rule of lenity” “requires ambiguous criminal laws to be interpreted in favor of the...
Ripening Federal Property Rights Claims
The Fifth Amendment to the United States Constitution provides that “private property [shall not] be...
The Supreme Court and the Judicial Takings Doctrine
This Fall, the United States Supreme Court will hear arguments in Stop the Beach Renourishment...
The Stop Trading on Congressional Knowledge Act
Over time, nobody beats the market. This basic premise of efficient capital markets theory has...
The Financial Reform Plan: What It Means for Insurance Companies
On June 17, 2009, the U.S. Treasury Department released the Obama Administration’s framework for financial...
A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
On November 4, 2008, the election of President Obama coincided with the passage of Proposition...
Attack Ballot Issue Disclosure Root and Branch: Comment on A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
For years, the lower federal and many state courts have given short shrift to the...
Rebuttal to Steve Simpson's Response to A Cold Breeze in California: ProtectMarriage Reveals the Chilling Effect of Campaign Finance Disclosure on Ballot Measure Issue Advocacy
I have had the opportunity to consider First Amendment associational privacy and anonymity in greater...
Politics for Professionals Only: Ballot Measures, Campaign Finance "Reform," and the First Amendment
When Scott Eckern donated money to an election committee, little did he know that it...
Qui-tam-osaurus, the Statutory Dinosaur: Evolution or Extinction for the Qui Tam Patent False Marking Statute?
Get rich quick! Sue for fun and profit! Sound like a hoax? Only time will...
Nashville in Africa: Intellectual Property Law, Creative Industries, and Development
Nashville, Tennessee, was once a struggling city in one of the poorest regions of the...
The Fourth Amendment Goes to War
Early one morning last March, I received a phone call from David Barron, who had...
Constitutional Limits on Punitive Damages: An Evaluation of the Role of Economic Theory in Prescribing Constitutional Constraints on Punitive Damage Awards
Over the last fifteen years, the Supreme Court has formulated new constitutional principles to constrain...
A Wave of ADA Public Accommodation Lawsuits Moves from Florida and California to the Rest of the United States
There recently has been a surge of private plaintiff lawsuits filed under the public accommodation...
Government Ethics in President Obama's First Year: A Preliminary Assessment
Barack Obama campaigned on a promise to bring ethics to Washington. On January 21, 2009,...
Why the Supreme Court Has Fashioned Rules of Standing Unique to the Establishment Clause
The U.S. Supreme Court is quite vigilant in enforcing its justiciability rules concerning standing to...
Smith, Stormans, and the Future of Free Exercise: Applying the Free Exercise Clause to Targeted Laws of General Applicability
Suppose that a new Christian church in town announced that it will have a special...
Federalism: Political Identity and Tragic Compromise by Malcolm M. Feeley & Edward Rubin
In Federalism: Political Identity and Tragic Compromise, Professor Malcolm Feeley and Dean Edward Rubin continue...