Rethinking Legal Globalization: The Case of Transnational Personal Jurisdiction

Donald Earl Childress III

Transnational law and globalization talk is in vogue. Scholars have created a massive oeuvre of transnational legal scholarship. Judges, including United States Supreme Court Justices, frequently travel abroad to teach transnational law and take part in law reform efforts in foreign countries. In some cases, judges cite foreign law. United… Read More »

  • 22 February 2013

The Relational Structure of Family Businesses

Benjamin Means - University of South Carolina School of Law

Corporate law scholarship has largely failed to account for the distinctive needs of family businesses. I argue that family businesses are an extension of family relationships and include both nonmarket and market values.  In particular, successful family businesses must find ways… Read More »

Knowledge is Power: The Fundamental Right to Record Present Observations in Public

Travis Gunn

Americans seeking to record public life often find themselves victims of government suppression. Police have used physical methods to prevent journalists from recording public protest events. Police have trained their guns on unarmed citizens for recording their activities in public. Citizens have been arrested for recording police officers’ public conduct.… Read More »

  • 19 December 2012

Information Wants To Be Free (of Sanctions): Why the President Cannot Prohibit Foreign Access to Social Media Under U.S. Export Regulations

Jarred O. Taylor III

Social media plays a crucial role in assisting individuals to self-organize, in part by reducing collective action problems. There is perhaps no better confirmation of this than recent decisions by Arab leaders to shut off Internet access amidst widespread protests and uprisings in their countries. Sometimes, however, it is… Read More »

  • 12 December 2012

The Equal Protection Implications of the Government’s Hateful Speech

Helen Norton - University of Colorado School of Law

Under what circumstances should we understand government’s racist or otherwise hateful speech to violate the Equal Protection Clause?  For example, should we understand the Equal Protection Clause to bar a government’s decision to adopt and display the motto “White Supremacy Forever” on the state seal or a state license plate? … Read More »

Resolving Election Error: The Dynamic Assessment of Materiality

Justin Levitt

Error will drive the result of at least one election in 2012. This is not a difficult prediction: though the Bush v. Gore election brought the issue to the national spotlight, photo-finish and error-laden elections recur in each cycle. As a practical matter, the prospect of error is unavoidable. Election codes are enormously detailed. Every detail creates the possibility of mistake. And in the aggregate, all of these mistakes create the near certainty of an outcome-determinative mistake somewhere. Yet despite the fact that errors are inevitable, neither courts nor scholars have developed consistent principles for resolving the errors when they occur.

I argue that the resolution of an election error should turn on its materiality. That is, deviations from procedure should generally preclude the counting of a vote only when the deviation is material to determining a voter’s eligibility or ballot preference. Read More »

  • 07 May 2012

Business Courts and Interstate Competition

John F. Coyle

Over the past twenty years, specialized trial courts with dockets comprised primarily or exclusively of business cases—commonly known as business courts—have been established in nineteen states across the United States. In these courts, cases are not subject to the master calendar system. Rather, a single judge will hear any qualifying… Read More »

Tort, Not Contract: An Argument for Reevaluating the Economic Loss Rule and Classifying Building Damage as “Other Property” When It Is Caused by Defective Construction Materials

J. Brandon Sieg

The economic loss rule (ELR) precludes bringing a tort action for economic loss, such as lost profits, when the parties’ expectations are governed by a contract.  The thesis of this Note is that building damage caused by defective construction materials should not be considered economic loss under the ELR… Read More »

Why Agencies Punish

Max Minzner

Administrative agencies, the fourth branch of government, famously blend the functions of the other three.  Agencies write rules, adjudicate their meaning, and penalize violations. Several recent high-profile agency penalties have attracted attention to this understudied area of administrative law.  In 2010 alone, the National Highway Traffic Safety Administration imposed a… Read More »

  • 07 May 2012

Disability Cause Lawyers

Michael E. Waterstone & David B. Wilkins & Michael Ashley Stein

Extensive scholarship has explored the significance of the Americans with Disabilities Act (ADA) in creating social change. These examinations have largely focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of the statute has stymied potential transformation of American society. Yet, despite… Read More »

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