Corporate Shams
Many people—perhaps most—want to make money and lower their taxes, but few want to unabashedly break the law.
Volume 87, Number 6
Articles
The Federal Rules of Civil Settlement
The Federal Rules of Civil Procedure were originally based upon a straightforward model of adjudication: Resolve the merits of cases at trial and use pretrial procedures to facilitate accurate trial outcomes. Though appealing in principle, this model has little relevance today.
Intentional Blindness
Since the early 1970s, the Fourteenth Amendment’s emancipatory potential has dramatically eroded, with rapid plunges followed by ever-lower plateaus. In 2007, we entered another cycle of precipitous devolution.
Notes
Reconciling the PROTECT Act with the First Amendment
This Note explores the recent expansion of child pornography law and its impact on socially valuable art and film.
Entrenching Privacy: A Critique of Civil Remedies for Gender-Motivated Violence
In 2000, the Supreme Court in United States v. Morrison struck down a provision of the Violence Against Women Act (VAWA) that enabled victims of gender-motivated violence to bring civil suits against their attackers in federal court.
Overly Intimate Surveillance: Why Emergent Public Health Surveillance Programs Deserve Strict Scrutiny Under the Fourteenth Amendment
New York City’s A1C Registry is a paradigm of “emergent” public health surveillance: It subjects a population with a non-communicable, non-exposure-related health condition to individualized, ongoing, and intimate government surveillance. In so doing, it employs a
The Framing of Fat: Narratives of Health and Disability in Fat Discrimination Litigation
Fat discrimination is rampant in education, health care, and employment. Antiobesity activists claim that it is not only acceptable, but actually desirable to stigmatize fat bodies because this stigmatization shames fat people into better health.
Reforming Judicial Review of Bioequivalence Determinations
This Note discusses the regulatory regime developed by the Food and Drug Administration (FDA) to ensure generic drug quality through premarket approval. The Hatch-Waxman Act effectively created the contemporary generic drug industry in 1984, and today, this industry saves the Unite
Method in Comparative Constitutional Law: A Comment on Law and Versteeg
Of the many questions raised by David Law and Mila Versteeg’s important article, I want to focus on two. First, as a methodological matter, do they measure constitutional convergence and divergence in the right way?
Comments on Law and Versteeg’s The Declining Influence of the United States Constitution
It was with great interest that we read David Law and Mila Versteeg’s thoughtful article on the influence of the U.S. Constitution.
Comment on Law and Versteeg
David Law and Mila Versteeg have used their considerable legal and empirical skills to identify what they provocatively describe as the “declining influence of the U.S.