Archive: April 2012

The Unending Search for the Optimal Infringement Filter

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

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


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

  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 ...READ MORE

Benefit Corporations: How to Enforce a Mandate to Promote the Public Interest


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

By: Henry Paul Monaghan


Legal scholars have long posited that, heuristically at least, two basic adjudicatory models—the dispute resolution model and the law declaration model—compete for the Court’s affection along a wide spectrum of issues. The former focuses upon judicial resolution ...READ MORE

“Knowingly” Ignorant: Mens Rea Distribution in Federal Criminal Law After Flores-Figueroa

  By: Leonid (Lenny) Traps


The Supreme Court has repeatedly and emphatically disfavored applying strict liability to ambiguous elements of federal criminal statutes. The presumption against strict liability has been most pronounced where the statute at issue contains a mens rea ...READ MORE