Articles
Bronx Household of Faith and the Access of Public Facilities to Religious Groups
Recently, the U.S. Court of Appeals for the Second Circuit, in Bronx Household of Faith...
State Revanchism: Can the Latest Efforts to Regulate Voice over Internet Protocol be Stopped?
The last “war” fought over Voice over Internet Protocol (“VoIP”) occurred in 2003-2004, when the...
Tiers of a Fan: Sports, Programmers, and the Referees
Professional and college football fans across the country recently found themselves caught in the middle...
Thomas W. Merrill Reviews "The Political Foundations of Judicial Supremacy" by Keith Whittington
Princeton is probably the most esteemed university in America not to have a law school....
John J. DiIluio Jr. Reviews "Under God: George Washington and the Question of Church and State" by Tara Ross and Joseph C. Smith Jr.
Contrary to the arguments of some, James Madison, like most other Framers, envisioned America neither...
Mark A. Behrens Reviews "Mass Torts in a World of Settlement" by Richard A. Nagareda
Vanderbilt Law Professor Richard Nagareda’s recent book, Mass Torts in a World of Settlement, explores...
Reflections on the Mortgage Bust and the Inevitable Political Reaction
We enter 2008 amid the housing and mortgage bust which has, as night the day,...
Climate Change Litigation Since Mass v. EPA
Although Congress failed to pass climate change legislation in 2007, the year was nevertheless highly...
Point-Counterpoint: House Representation for the District of Columbia
The U.S. House of Representatives has grown in membership in its more than two centuries...
A Round in the Chamber: District of Columbia v. Heller and the Future of the Second Amendment
A new shot will be fired in the development of constitutional law this term when...
Is There Anything "Fundamental" in the Right to Keep and Bear Arms? A Call for Parity in the Incorporation Doctrine
With the District of Columbia v. Heller decision set to arrive sometime in the summer of...
The Equal Rights Amendment: Back for an Encore Performance?
The ERA is back—or, at least, so we are told. On March 27, 2007, a...
The Rise and (Coming) Fall of "F-Cubed" Securities Litigation
With increasing frequency, the plaintiffs’ bar has been filing what are being called “f-cubed” securities...
The Food-Chain Issue for Corporate Punishment: What Criminal Law and Punitive Damages Can Learn from Each Other
At the end of this month, the Supreme Court will hear arguments in Exxon v....
Property Rights in the Ninth Circuit and Beyond
Under modern constitutional law, rights in real property are protected principally by the Just Compensation...
The Different Approaches of Chief Justice Roberts and Justice Alito on the Scope of State Power
In their first full term together on the Supreme Court, Chief Justice John Roberts and...
State Voter ID Requirements and the Constitution
Most likely because it is an election year, the argument in Crawford v. Marion County...
California Court Broadens Student Speech Protections in Public Schools
For decades California has been a leader in protecting the free speech rights of students...