Volume 63 (2013–2014)

Volume 63, Number 8 – May 2014

Posted on April 30th, 2014

Foreword Taking Administrative Law to Tax Amandeep S. Grewal PDF Articles A Case Study of Legislation vs. Regulation: Defining Political Campaign Intervention Under Federal Tax Law Ellen P. Aprill PDF The rules that should govern political campaign intervention by social welfare organizations exempt from taxation under § 501(c)(4) of the Internal Revenue Code have been Continue Reading »

Volume 63, Number 7 – April 2014

Posted on April 4th, 2014

Article Nonsense and the Freedom of Speech: What Meaning Means for the First Amendment Joseph Blocher PDF A surprising amount of everyday expression is, strictly speaking, nonsense. But courts and scholars have done little to consider whether or why such meaningless speech falls within “the freedom of speech.” If, as many suggest, meaning is what Continue Reading »

Volume 63, Number 6 – March 2014

Posted on March 11th, 2014

Articles Out of Practice: The Twenty-First-Century Legal Profession Dana A. Remus PDF Lawyering has changed dramatically in the past century, but scholarly and regulatory models have failed to keep pace. Because these models focus exclusively on the “practice of law” as defined by the profession, they ignore many types of work that today’s lawyers perform Continue Reading »

Volume 63, Number 5 – February 2014

Posted on February 13th, 2014

Articles The Savage Constitution Gregory Ablavsky PDF Conventional histories of the Constitution largely omit Natives. This Article challenges this absence and argues that Indian affairs played a key role in the Constitution’s creation, drafting, and ratification. It traces two constitutional narratives about Indians: a Madisonian and a Hamiltonian perspective. Both views arose from the failure Continue Reading »

Volume 63, Number 4 – January 2014

Posted on January 13th, 2014

Articles Is the White Collar Offender Privileged? Samuel W. Buell PDF Much public commentary has asserted or implied that the American criminal-justice system unjustly privileges individuals who commit crimes in corporations and financial markets. This Article demonstrates that this claim is not accurate—at least not in the ways commonly believed. The New Sex Discrimination Zachary Continue Reading »

Volume 63, Number 3 – December 2013

Posted on December 12th, 2013

Articles Inferring Desire Jessica A. Clarke PDF In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model Continue Reading »

Volume 63, Number 2 – November 2013

Posted on November 2nd, 2013

Articles Acqui-hiring John F. Coyle & Gregg D. Polsky PDF Drawing on interviews with Silicon Valley entrepreneurs, venture capitalists, buyer representatives, and transactional lawyers, we offer the first formal description of the acqui-hire. In so doing, we seek to enrich the understanding of those already acquainted with the acquihire while also providing a comprehensive account of Continue Reading »

Volume 63, Number 1 – October 2013

Posted on October 17th, 2013

Articles Patents and the University Peter Lee PDF This Article examines the intersection of patent law and academic science. It advances two novel claims about the internalization of academic science within the patent system and the concomitant evolution of “academic exceptionalism.” [ . . . ] Patent Portfolios as Securities Michael Risch PDF This Article presents Continue Reading »