Archive: 2013

Deregulate but Still Disclose?: Disclosure Requirements for Ballot Question Advocacy After Citizens United v. FEC and Doe v. Reed

By:  Sean McMahon


A relatively unheralded aspect of the Supreme Court’s controversial decision in Citizens United v. FEC is its strong affirmation of the constitutionality and utility of disclosure requirements for individuals and groups engaged in political advocacy. In both Citizens United ...READ MORE

The Confusion of Fusion: Inconsistent Application of the Establishment Clause Nondelegation Rule in State Courts

By:  Jun Xiang


It seems almost beyond dispute that if the Federal Establishment Clause prohibits anything, it prohibits religious institutions from wielding governmental power. So thought the U.S. Supreme Court in Larkin v. Grendel’s Den, Inc. when it announced that the delegation of governmental ...READ MORE

The Upside of Losing

By:  Ben Depoorter


Conventional understanding in legal reform communities is that time and resources are best directed toward legal disputes that have the highest chance of success and that litigation is to be avoided if it is likely to establish or ...READ MORE


South Carolina’s “Evolutionary Process”


Ellen D. Katz*

Part of the Columbia Law Review’s 2012-2013 Election Law Sidebar Essay Series


When Congress first enacted the Voting Rights Act (VRA) in 1965, public officials in South Carolina led the charge to scrap the new statute. Their brief to ...READ MORE

Beyond “Perfection”: Can the Insights of Perfecting Criminal Markets Be Put to Practical Use?

Caren Myers Morrison*

Response to: David Michael Jaros, Perfecting Criminal Markets, 112 Colum. L. Rev. 1947 (2012), available here.


David Jaros’s thought-provoking new Article, Perfecting Criminal Markets,1 sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by ...READ MORE

Bargaining in the Shadow of the Debt Ceiling: When Negotiating over Spending and Tax Laws, Congress and the President Should Consider the Debt Ceiling a Dead Letter

Neil H. Buchanan* and Michael C. Dorf**

  If the debt ceiling is inconsistent with existing spending and taxing laws, what must the President do? In earlier work, we argued that when Congress creates a “trilemma”—making it impossible for the President to ...READ MORE


Announcing the Publication of 2L Notes

Please join us in congratulating the following students on their upcoming publication in Volumes 113 and 114 of the Columbia Law Review:


David P. Friedman, The Regulator in Robes: Examining the SEC and the Delaware Court of Chancery’s Parallel Disclosure Regimes

Franziska ...READ MORE

Congratulations to the 2013-14 Columbia Law Review Administrative Board!

Congratulations to the 2013-14 Columbia Law Review Administrative Board!


Angela Sun Editor-in-Chief


Sarah Green Executive Articles Editor


Jack Starcher Executive Essay & Review Editor


Erin Parlar Executive Managing Editor


David Friedman Executive Notes Editor


Chris Burke Executive Sidebar Editor


Tim Gray Franziska Hertel Arjun Jaikumar Jessica Lutkenhaus ...READ MORE

In Defense of Big Waiver

By: David J. Barron & Todd D. Rakoff

Congressional delegation of broad lawmaking power to administrative agencies has defined the modern regulatory state. But a new form of this foundational practice is being implemented with increasing frequency: the delegation to agencies ...READ MORE


Technological Innovation, International Competition, and the Challenges of International Income Taxation

By: Michael J. Graetz & Rachael Doud

Because of the importance of technological innovation to economic growth, nations strive to stimulate and attract the research and development (“R&D”) that leads to that innovation and to make themselves hospitable environments for the ...READ MORE

What’s It to You? Citizen Challenges to Landmark Preservation Decisions and the Special Damage Requirements

By:  Matt Dulak

The special damage rule—a component of standing doctrine requiring a plaintiff’s alleged injury to differ somehow from that of the general public—has long thwarted citizen challenges to inaction by government regulators, particularly in environmental suits. While courts in ...READ MORE

On the Record: Why the Senate Should Have Access to Treaty Negotiating Documents

By: John Love

 The Treaty Clause of the Constitution describes the mechanism through which the United States enters into treaties with other nations. Though seemingly straightforward, the Clause is unique in that it is an “explicit constitutional mandate to share power.” ...READ MORE


The New Textualism and Normative Canons

By: William N. Eskridge, Jr.

In Reading Law, Justice Scalia and his coauthor, Professor Bryan Garner, promise that text-based statutory interpretation can be rendered more predictable and constraining if 57 “valid canons” are followed. Admiring the enterprise, this Review maintains that ...READ MORE

Class Actions All the Way Down

Sergio J. Campos*


Response to: Michael D. Sant’Ambrogio & Adam Zimmerman, The Agency Class Action, 112 Colum. L. Rev. 1992 (2012).



In his review of Kill Bill Volume I, Roger Ebert describes the film as “kind of brilliant,” and then proceeds to ...READ MORE

Some Pluralism About Pluralism: A Comment on Hanoch Dagan’s “Pluralism and Perfectionism in Private Law”

Jedediah Purdy*

Response to: Hanoch Dagan, Pluralism and Perfectionism in Private Law, 112 Colum. L. Rev. 1409 (2012).


Hanoch Dagan is among “those who think it advantageous to get as much ethics into the law as they can,” in the phrase of ...READ MORE


“Recognizing Race” and the Elusive Ideal of Racial Neutrality

David A. Strauss*

Response to: Justin Driver, Recognizing Race, 112 Colum. L. Rev. 404 (2012).



In 1960, Louisiana enacted a statute requiring that the race of any candidate for office be listed on the ballot opposite the candidate’s name.1 In Anderson v. Martin,2 the ...READ MORE

No Exit? Withdrawal Rights and the Law of Corporate Reorganizations

  By:  Douglas G. Baird & Anthony J. Casey


Bankruptcy scholarship is largely a debate about the comparative merits of a mandatory regime on one hand and bankruptcy by free design on the other. By the standard account, the current law ...READ MORE

Malpractice Mobs: Medical Dispute Resolution in China

  By: Benjamin L. Liebman


China has experienced a surge in medical disputes in recent years, on the streets and in the courts. Many disputes result in violence. Quantitative and qualitative empirical evidence of medical malpractice litigation and medical disputes in ...READ MORE


Blitzing Brady: Should Section 4(A) Of The Norris-LaGuardia Act Shield Management From Injunctions in Labor Disputes?

By: Daniel Belke

With its decision in Brady v. NFL, the Eighth Circuit interpreted section 4(a) of the Norris-LaGuardia Act to broadly shield management from injunctions in labor disputes. This decision adopted a position briefly supported by the Second and Sixth ...READ MORE

Antitrust Immunity Up In Smoke: Preemption, State Action, And The Master Settlement Agreement

  By: Matthew McDonald


In antitrust law, the state action doctrine allows states to take regulatory actions that would otherwise result in violations of the federal antitrust laws. Unfortunately, the Supreme Court has not always provided clear guidance in its state ...READ MORE