Archive: May 2013

Coordination Reconsidered

Richard Briffault*


At the heart of American campaign finance law is the distinction drawn by the Supreme Court in Buckley v. Valeo between contributions and expenditures.1 According to the Court, contributions may be limited because they pose the dangers of corruption and the ...READ MORE

Lessons on Terrorism and “Mistaken Identity” from Oak Creek, with a Coda on the Boston Marathon Bombings

 Dawinder S. Sidhu*




On Sunday, August 5, 2012, Wade Michael Page opened fire on worshippers at a Sikh temple1 in Oak Creek, Wisconsin, killing six people and ending his own life after exchanging gunshots with responding police officers.2 Incidents of this sort naturally ...READ MORE

The Agency Costs of Agency Capitalism: Activist Investors and the Revaluation of Governance Rights

By:  Ronald J. Gilson & Jeffrey N. Gordon 


Equity ownership in the United States no longer reflects the dispersed share ownership of the canonical Berle-Means firm. Instead, we observe the reconcentration of ownership in the hands of institutional investment intermediaries, ...READ MORE


The Exceptions Clause as a Structural Safeguard

By:  Tara Leigh Grove


Scholars have long treated the Exceptions Clause of Article III as a serious threat to the Supreme Court’s central constitutional function: establishing definitive and uniform rules of federal law. This Article argues that scholars have overlooked an ...READ MORE

Pulling the Trigger: An Analysis of Circuit Court Review of the “Persecutor Bar”

By:  Martine Forneret


The Immigration and Nationality Act contains a provision, commonly referred to as the “persecutor bar” or “persecution of others bar,” which prohibits granting asylum to an alien who, although otherwise meeting the criteria for asylum, is determined to ...READ MORE

Keep ’Em Separated: Article I, Article V, and Congress’s Limited and Defined Role in the Process of Amending the Constitution

By:  Alexander White


In August 2011, President Barack Obama signed the Budget Control Act, allowing the United States to continue borrowing money to fulfill its legal obligations. The Act includes a provision that raises the debt ceiling by an additional $1.5 ...READ MORE


Presidential Power, Historical Practice, And Legal Constraint

By:  Curtis A. Bradley & Trevor W. Morrison


The scope of the President’s legal authority is determined in part by historical practice. This Essay aims to better understand how such practice-based law might operate as a constraint on the presidency. In ...READ MORE