Testation and Speech

David Horton

When I was practicing, I represented a mechanic, Barry, who was bitter rivals with his brother, Stan. Their father had left the lion’s share of his property to Barry. Stan challenged the will on the grounds of undue influence. Barry and Stan proceeded to litigate tooth-and-nail until they’d spent… Read More »

  • 21 December 2012

Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP

Mark A. Lemley & Mark P. McKenna

Does Pepsi compete with Coke? It seems a straightforward question; perhaps you think it has a straightforward answer. Sure they compete, you might say; they are both colas, they are used for the same purpose, they are sold next to each other in the grocery store, and they cost about… Read More »

Could Specialized Criminal Courts Help Contain the Crises of Overcriminalization and Overincarceration?

Allegra M. McLeod

The Explosion of Specialized Criminal Courts: An Introduction

With aspirations of reducing reliance on incarceration, specialized criminal courts proliferated widely over the past two decades. There are approximately 3,000 specialized criminal courts in the United States, including drug courts, mental health courts, veterans courts, and reentry courts. These courts arose… Read More »

The Alien Tort Statute, Federalism, and the Next Wave of Transnational Litigation

Donald Earl Childress III

The role of international and transnational law in U.S. courts is one of the most hotly contested debates in legal scholarship.  From the question of the use of comparative legal materials by the Supreme Court, to the question of what effect, if any, judgments of international tribunals such as the… Read More »

Reforming The Electoral College

Norman Williams - Willamette University

As the 2000 Presidential election reminded everyone, the President is not elected directly by the People but rather by the Electoral College.  Because each state has as many presidential electors as it has U.S. Representatives and Senators, smaller states have more electoral votes than their population warrants.  At the same… Read More »

The Bilateral Fourth Amendment and the Duties of Law-Abiding Persons

L. Rush Atkinson


Ordinary people take countless measures to avoid being searched by police or other government agents.  To get an inkling of how frequently the innocent alter their behavior, consider the responses of law-abiding people to recently enacted counterterrorism programs.  When faced with delays and discomfort caused by more rigorous baggage… Read More »

Guilt by (More Than) Association: The Case for Spectator Liability in Gang Rapes

Kimberley K. Allen

In 2009, a 15-year-old student from Richmond, California left her homecoming dance to join a drinking session on school property. She quickly became intoxicated and, over the next two hours, was attacked by as many as ten assailants who “laughed and took photos as they took turns” raping her. Police… Read More »

How to Rig the Federal Courts

David Law Washington University in St. Louis

Few scholars would dispute that the way in which political institutions are designed affects the way that policymakers behave or the kinds of policies that are produced.  Nor can it seriously be argued that courts are somehow an exception to the basic rule that institutional design matters.  It is… Read More »

The Barracuda Lacuna: Music, Political Campaigns, and the First Amendment

Sarah Schacter

On a Wednesday in September 2008, presumptive vice-presidential candidate Sarah Palin was introduced at the Republican National Convention in St. Paul, Minnesota for her much-anticipated speech accepting the Republican nomination.  Before she spoke, the rock band Heart’s classic song “Barracuda” was played for the energized crowd.  The song was played again… Read More »

Showdown in the Rose Garden: Congressional Contempt, Executive Privilege, and the Role of the Courts

Tim Mastrogiacomo

In early 2007, the U.S. House Committee on the Judiciary launched an investigation into the 2006 dismissal of seven U.S. Attorneys from the Department of Justice. The Committee issued subpoenas to White House Chief of Staff Josh Bolten and former White House Counsel Harriet Miers, ordering both to produce documents… Read More »

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