The Purpose-Driven Rule: Drew Peterson, Giles v. California, and the Transferred Intent Doctrine of Forfeiture by Wrongdoing

Colin Miller*


Under the doctrine of forfeiture by wrongdoing, a party who successfully engages in conduct designed to render a prospective witness unavailable at trial forfeits his objection to the admission of hearsay statements made by that witness. Typically, this forfeiture ...READ MORE

Marriage as? A Reply to Marriage as Punishment

Brenda Cossman*

Response to: Melissa Murray, Marriage as Punishment, 112 Colum. L. Rev. 1 (2012)

In Marriage as Punishment, Professor Melissa Murray reads marriage against its more mainstream grain:1 Rather than classifying marriage as a public and/or private good, Murray uses the history ...READ MORE

Labor Speech, Corporate Speech, and Political Speech: A Response to Professor Sachs

Matthew T. Bodie*


Why do corporations spend money on politics? A recent report by the Manhattan Institute found that “most firms, like most individuals, behave rationally and strategically in their spending decisions on campaigns and lobbying, devoting resources in ways that, ...READ MORE


Transaction Simplicity

By: Stephen J. Lubben


David Skeel and Thomas Jackson come at the important question of derivatives in bankruptcy by wondering why the Bankruptcy Code was largely left out of the Dodd-Frank Act.1 On one level, it is an odd question: Recent experience notwithstanding, the vast ...READ MORE

Dialogue, Deferred and Differentiated


By: Emily Hammond Meazell




When agency actions are challenged in court multiple times in an iterative fashion, the resulting dialogue offers insights into the features of the court/agency relationship that are not necessarily apparent in other contexts. In Deference and Dialogue in Administrative Law,1 I examine a ...READ MORE

The Impact of Public Disclosure on Equity Dispositions by Corporate Managers


By: David I. Walker




Year after year, the senior managers of public companies in the U.S. receive a large chunk of their compensation in the form of company equity—stock and options—and year after year, managers exercise options and sell shares. Between ...READ MORE


Houston, We Have a Problem: Does the Second Amendment Create a Property Right to a Specific Firearm?


By John L. Schwab & Thomas G. Sprankling




Ever since the Supreme Court’s 2008 decision in District of Columbia v. Heller,1 lower federal courts have endeavored to answer outstanding questions about the contours of the Second Amendment right. One issue that has received scant attention, ...READ MORE

Of Dialogue—and Democracy—in Administrative Law

By Jim Rossi


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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)


Making a Regional District: Memphis City Schools Dissolves into its Suburbs

By Michelle Wilde Anderson

A Federal Baseline for the Right to Vote

By John M. Greabe



Preserving Political Speech From Ourselves and Others

By Aziz Z. Huq


Objecting at the Altar: Why the Herring Good Faith Principle and the Harlow Qualified Immunity Doctrine Should Not Be Married

By John M. Greabe

Response to: Jennifer E. Laurin, Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence, 111 Colum. L. Rev. 670 (2011)



Impartial Patents

By Clarisa Long

Response to: Gideon Parchomovsky & Michael Mattioli, Partial Patents, 111 Colum. L. Rev. 207 (2011).


Notes on Borrowing and Convergence

By Robert L. Tsai & Nelson Tebbe

Response to: Jennifer E. Laurin, Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence, 111 Colum. L. Rev. 670 (2011).