Constitutional Nondefense in the States

By:  Katherine Shaw

 

Although scholars have long debated the scope of the President’s power to decline to defend statutes challenged in litigation, no one has yet undertaken a systematic examination of nondefense by state executives, who, like their federal counterparts, ...READ MORE

Elections and Alignment

By:  Nicholas O. Stephanopoulos

 

Election law doctrine has long been dominated by rights-and-interests balancing: the weighing of the rights burdens imposed by electoral regulations against the state interests that the regulations serve. For the last generation, the election law literature ...READ MORE

Can We Do Better by Ordinary Investors? A Pragmatic Reaction to the Dueling Ideological Mythologists of Corporate Law

By:  Leo E. Strine, Jr.

 

In his essay, The Myth That Insulating Boards Serves Long- Term Value, Professor Lucian Bebchuk draws a stark dichotomy between so-called “insulation advocates” and proponents of shareholderdriven direct democracy. This Essay begins by rejecting this crude ...READ MORE

 

Erie and the First Amendment: State Anti-SLAPP Laws in Federal Court After Shady Grove

By:  Colin Quinlan

 

An increasing number of states have passed laws aimed at preventing the costs of litigation from burdening legitimate petitioning activity. These laws frequently include procedural protections, such as a special motion to dismiss. When state law claims are ...READ MORE

Unknown Elements: The Mens Rea Question in 18 U.S.C. § 924(c)(1)(B)(ii)’s Machine Gun Provision

By:  Stephanie Siyi Wu

 

18 U.S.C. § 924(c)(1)(B)(ii) imposes an additional mandatory minimum sentence of thirty years for the possession of a machine gun during and in relation to a drug trafficking or violent crime. Prior to 2010, federal courts commonly ...READ MORE

Implied Public Rights of Action

By:  Seth Davis

 

This Article analyzes the federal courts’ power to provide public remedies when the legislature has been silent. Like private parties, the United States and the states regularly claim a right to judicial relief or a particular remedy that ...READ MORE

 

The Real World of Cost-Benefit Analysis: Thirty-Six Questions (and Almost as Many Answers)

By:  Cass R. Sunstein

 

Some of the most interesting discussions of cost-benefit analysis focus on exceptionally difficult problems, including catastrophic scenarios, “fat tails,” extreme uncertainty, intergenerational equity, and discounting over long time horizons. As it operates in the actual world of ...READ MORE

Protecting the One Percent: Relevant Women, Undue Burdens, and Unworkable Judicial Bypasses

By:  Alexandra Rex

 

The purpose of this Note is to analyze one widely enacted category of abortion regulations—parental involvement laws—and the effect of such regulations on their targeted group—pregnant minors. According to the Supreme Court, abortion regulations are constitutional only if ...READ MORE

Addressing What Isn’t There: How District Courts Manage the Threat of Rule 68’s Cost-Shifting Provisions in the Context of Class Actions

By:  Jack Starcher

 

For almost two decades now, courts have struggled with a seemingly irreconcilable conflict between Rule 23 class actions and Rule 68 offers of judgment. The apparent tension between these two rules arises in the limbo between the filing ...READ MORE