By: Caren Myers Morrison
David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets.
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
By: Neil H. Buchanan & 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 spend as much as Congress has ordered, to tax only as much as Congress has ordered, and to borrow no more than Congress has permitted—the Constitution requires the President to choose the least unconstitutional path.
By: Sergio J. Campos
In his review of Kill Bill Volume I, Roger Ebert describes the film as “kind of brilliant,” and then proceeds to quote Manny Farber’s definition of auteur theory: “A bunch of guys standing around trying to catch someone shoving art up into the crevices of dreck.”
Some Pluralism About Pluralism: A Comment on Hanoch Dagan’s “Pluralism and Perfectionism in Private Law”
By: Jedediah Purdy
Hanoch Dagan is among “those who think it advantageous to get as much ethics into the law as they can,” in the phrase of Oliver Wendell Holmes, Jr. His pluralism is a perfectionism for polytheists: There are many human goods, and each has its domain, including some portion of the law of property.
By: David A. Strauss
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. In Anderson v. Martin, the Supreme Court had no difficulty declaring that statute unconstitutional.