Volume 66 (2016-2017)

Volume 66, Number 8 – May 2017

Posted on May 15th, 2017

Articles On Dollars and Deference: Agencies, Spending, and Economic Rights Mila Sohoni PDF Agencies can change society not just by prescribing conduct, but also by spending money. The Obama administration gave us two powerful examples of this phenomenon. To secure widespread access to affordable health insurance and affordable higher education, the administration took actions that Continue Reading »

Volume 66, Number 7 – April 2017

Posted on April 26th, 2017

Articles Debunking Antinovelty Leah M. Litman PDF This Article debunks the idea that a federal statute’s novelty is an indication that the statute violates constitutional principles of federalism or the separation of powers. In the last six years, every Justice on the Supreme Court has signed onto the idea that legislative novelty signals that a Continue Reading »

Volume 66, Number 6 – March 2017

Posted on March 30th, 2017

Articles Police Union Contracts Stephen Rushin PDF This Article empirically demonstrates that police departments’ internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability. Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution to incentivize reform in Continue Reading »

Volume 66, Number 5 – February 2017

Posted on February 16th, 2017

Articles Who Cares How Congress Really Works? Ryan D. Doerfler PDF Legislative intent is a fiction. Courts and scholars accept this, by and large. As this Article shows, however, both are confused as to why legislative intent is a fiction and as to what this fiction entails. This Article first argues that the standard explanation—that Continue Reading »

Volume 66, Number 4 – January 2017

Posted on January 18th, 2017

Articles A Market for Sovereign Control Joseph Blocher & Mitu Gulati PDF Can popular sovereignty and sovereign territory coexist? Can countries exchange sovereign territory consistently with the principle of self-determination? What if countries’ rights to territorial integrity were predicated on corresponding duties to govern well? And can the international system provide mechanisms and incentives to Continue Reading »

Volume 66, Number 3 – December 2016

Posted on December 12th, 2016

Foreword James D. Cox David F. Levi PDF Articles James D. Cox: The Shareholders’ Best Advocate Randall S. Thomas & Harwell Wells PDF This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox Continue Reading »

Volume 66, Number 2 – November 2016

Posted on November 7th, 2016

Articles Muscle Memory and the Local Concentration of Capital Punishment Lee Kovarsky PDF The modern death penalty is not just concentrating in a handful of practicing states; it is disappearing in all but a few capitally active localities. Capital-punishment concentration, however, still surfaces more as the subject of casual observation than as the object of Continue Reading »

Volume 66, Number 1 – October 2016

Posted on October 6th, 2016

Articles Analyzing Avoidance: Judicial Strategy in Comparative Perspective Erin F. Delaney PDF Courts sometimes avoid deciding contentious issues. One prominent justification for this practice is that, by employing avoidance strategically, a court can postpone reaching decisions that might threaten its institutional viability. Avoidance creates delay, which can allow for productive dialogue with and among the Continue Reading »