Archive: 2013

Windsor, Animus, and the Future of Marriage Equality

Susannah W. Pollvogt*



By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition.1

Justice Scalia is certain that the reasoning of the majority ...READ MORE

Escaping Entity-Centrism in Financial Services Regulation

By:  Anita K. Krug


In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric ...READ MORE

Missing the Forest for the Trolls

By:  Mark A. Lemley & A. Douglas Melamed


Patent trolls are increasingly blamed for the growing costs of patent litigation and seemingly excessive damages awards and patent royalties. There is much to support these allegations. Trolls now account for a majority ...READ MORE


Copyright Infringement Markets

By:  Shyamkrishna Balganesh


Should copyright infringement claims be treated as marketable assets? Copyright law has long emphasized the free and independent alienability of its exclusive rights. Yet, the right to sue for infringement—which copyright law grants authors in order to render ...READ MORE

Why Wright Was Wrong: How the Third Circuit Misinterpreted the Bankruptcy Code . . . Again

By:  Alisha J. Turak


Whether a right to payment is a “claim” is one of the most important determinations in bankruptcy because only “claims” are subject to the bankruptcy process, including the all-important automatic stay and discharge provisions. The Bankruptcy Code ...READ MORE

Smile for the Camera, the World Is Going to See That Mug: The Dilemma of Privacy Interests in Mug Shots

By:  Gregory Nathaniel Wolfe


Under the Freedom of Information Act (FOIA), individuals can request certain agency records, including mug shots, from federal agencies. Until 1996, the policy of the United States Marshals Service (USMS) was to use FOIA’s broad law enforcement ...READ MORE


Announcing Notes Selected for Publication

Please join the Columbia Law Review Notes Committee in congratulating the following Note authors on their selection for publication in the 114th volume of the Review:


Timothy H. Gray, Manual Override? Accardi, Skidmore, and the Legal Effect of the Social Security Administration’s HALLEX Manual

Jessica Lutkenhaus, Prosecuting Leakers ...READ MORE

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment

Jason A. Cade*




A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally ...READ MORE

Predatory Pricing and Recoupment

By:  Christopher R. Leslie


Predatory pricing is a two-step strategy for securing monopoly profits. During the first step—the predation stage—a firm charges a price below its costs in the hope of driving its competitors out of the market by forcing them ...READ MORE


A New New Property

By:  David A. Super


Charles Reich’s visionary 1964 article, The New Property, paved the way for a revolution in procedural due process. It did not, however, accomplish Reich’s primary stated goal: providing those dependent on government assistance the same security that ...READ MORE

Legal Diversification

By:  Kelli A. Alces


The greatest protection investors have from the risks associated with capital investment is diversification. This Essay introduces a new dimension of diversification for investors: legal diversification. Legal diversification of investment means building a portfolio of securities that ...READ MORE

Qui Tam for Tax?: Lessons from the States

By:  Franziska Hertel


Tax fraud costs the federal government billions of dollars annually. Qui tam litigation, which features individuals bringing lawsuits on behalf of the government, is a powerful tool for the government in its fight against many types of fraud. ...READ MORE


The Arithmetic of Justice: Calculating Restitution for Mortgage Fraud

By:  T. Dietrich Hill


The Mandatory Victims Restitution Act requires restitution for federal crimes involving property. In particular, the defendant is required to return any property taken, or, if return is impossible, to pay for the victim’s loss, which may be ...READ MORE

Windsor, Federalism, and Family Equality

Courtney G. Joslin*




On June 26, 2013, the Supreme Court issued its opinion in United States v. Windsor.1 In a 5-4 decision authored by Justice Kennedy, the Court held that section 3 of the Federal Defense of Marriage Act (DOMA)2 is unconstitutional.3 Advocates had ...READ MORE

Announcing the Bluebook 20th Edition Survey

The editors of The Bluebook: A Uniform System of Citation need your help! This is an opportunity for you to share your ideas with us as we update The Bluebook for its Twentieth Edition so that we can target our revisions to best serve ...READ MORE


A Conversation with Former Deputy Treasury Secretary Frank Newman

The Columbia Law Review


The Modern Money Network (MMN) 


How I Learned to Stop Worrying and Love the National Debt: 

A Conversation with 

Former Deputy Treasury Secretary Frank Newman

Led by Professor Graetz 

Thursday, October 3, 12:10 p.m. 

JG Room 104

Topic Summary:

A discussion of misconceptions regarding the ...READ MORE

Pathetic Argument in Constitutional Law

By:  Jamal Greene


Pathetic argument, or argument based on pathos, persuades by appealing to the emotions of the reader or listener. In Aristotle’s classic treatment, it exists in parallel to logical argument, which appeals to deductive or inductive reasoning, and ...READ MORE

Intellectual Property Defenses

By:  Gideon Parchomovsky & Alex Stein


This Article demonstrates that all intellectual property defenses fit into three conceptual categories: general, individualized, and class defenses. A general defense challenges the validity of the plaintiff’s intellectual property right. When raised successfully, it annuls ...READ MORE


The Myth That Insulating Boards Serves Long-Term Value

By:  Lucian A. Bebchuk


According to an influential view in corporate law writings and debates, pressure from shareholders leads companies to take myopic actions that are costly in the long term, and insulating boards from such pressure serves the long-term interests ...READ MORE

The Regulator in Robes: Examining the SEC and the Delaware Court of Chancery’s Parallel Disclosure Regimes

By:  David Friedman


The Delaware Court of Chancery is a unique court that specializes in transactional jurisprudence. Due to Chancery’s expertise in and exposure to corporate litigation, its decisions act as “rules” for most corporate actors. However, Chancery is not the ...READ MORE