Archive: 2012
Judicial Backlash or Just Backlash? Evidence from a National Experiment
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By: David Fontana & Donald Braman
When the Supreme Court decides a controversial issue, does it generate a distinctive public backlash? Or would a similar decision by Congress generate a similar reaction? Surprisingly, although these questions pervade debates over constitutional law, ...READ MORE
Stock Unloading and Banker Incentives
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By: Robert J. Jackson, Jr.
Congress has directed federal regulators to oversee banker pay. For the first time, these regulators are now scrutinizing the incentives of risk-takers beyond the bank’s top executives. Like most public company managers, these bankers are increasingly ...READ MORE
Unions, Corporations, and Political Opt-Out Rights After Citizens United
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By: Benjamin I. Sachs
Citizens United upends much of campaign finance law, but it maintains at least one feature of that legal regime: the equal treatment of corporations and unions. Prior to Citizens United, that is, corporations and unions were equally constrained in ...READ MORE
Due Process and “the Worst of the Worst”: Mental Competence in Sexually Violent Predator Civil Commitment Proceedings
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Whose Applicable Guideline Range Is It Anyway? Examining Whether Nominal Career Offenders Can Receive Sentence Modifications Based on Retroactive Reductions in the Crack Cocaine Guidelines
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By: Evan R. Kreiner
The recent reductions in the guideline range for federal crack cocaine offenses have spurred tens of thousands of motions for sentence modifications under 18 U.S.C. § 3582(c)(2) by individuals sentenced pursuant to the old, harsher crack cocaine ...READ MORE
Comment—CFTC v. Walsh: District Court Releases Funds Frozen in Civil Case to Pay for Attorney in Parallell Criminal Case
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By Michael R. Herman
The Unending Search for the Optimal Infringement Filter
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By Sonia K. Katyal and Jason M. Schultz
Response to: Lital Helman & Gideon Parchomovsky, The Best Available Technology Standard, 111 Colum. L. Rev. 1194 (2011)
Access-to-Justice Analysis on a Due Process Platform
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By Ronald A. Brand
Response to: Christopher A. Whytock & Cassandra Burke Robertson, Forum Non Conveniens and the Enforcement of Foreign Judgments, 111 Colum. L. Rev. 1444 (2011)
Federalism as a Safeguard of the Separation of Powers
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By: Jessica Bulman-Pozen
States frequently administer federal law, yet scholars have largely overlooked how the practice of cooperative federalism affects the balance of power across the branches of the federal government. This Article explains how states check the federal executive in ...READ MORE
The Indefensible Duty to Defend
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By: Neal Devins & Saikrishna Prakash
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to ...READ MORE
Benefit Corporations: How to Enforce a Mandate to Promote the Public Interest
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By: Briana Cummings
A new trend has emerged within the past decade: corporations that seek to turn a profit while affirmatively promoting the public interest. To accommodate this trend, six states have recently enacted legislation creating the benefit corporation, a for-profit ...READ MORE
On Avoiding Avoidance, Agenda Control, and Related Matters
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“Knowingly” Ignorant: Mens Rea Distribution in Federal Criminal Law After Flores-Figueroa
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Making a Regional District: Memphis City Schools Dissolves into its Suburbs
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By Michelle Wilde Anderson
Military Detention in the “War on Terrorism”: Normalizing the Exceptional After 9/11
The Supreme Court’s Accidental Revolution? The Test for Permanent Injunctions
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The Article II Safeguards of Federal Jurisdiction
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Reframing the Right: Using Theories of Intangible Property to Target Honest Services Fraud After Skilling
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