Issue Archives

Much attention has recently been given to the current Securities and Exchange Commission reportingย requirements for Schedule 13D, the beneficial ownership form many investors must file to report their equity holdings. However, relatively less focus has been given to the Schedule 13G, the short-form filingย option, which requires less inforยญmation and tends to attract less attention. The choice between the 13G or the 13D filingย can come down...

While peremptory challenges upon the basis of race, ethnicity, and gender have been held unconstitutional, and peremptory strikes upon the basis of sexual orientation have been regarded as increasingly suspect after United States v. Windsor, attorneys remain free to use peremptory challenges to remove potential jurors from the venire upon the basis of their gender identity or expression. The current state of affairs renders transgender...

OF PROPERTY AND INFORMATION

Abraham Bell* and Gideon Parchomovsky**

The propertyโ€“information interface is perhaps the most crucial and undertheorized dimension of property law. Information about proยญperty can make or break property rights. Information about assets and property rights can dramatically enhance the value of ownership. Conยญversely, a dearth of information can significantly reduce the benefits associated with ownership. It is surprising, therefore, that contemporary property theorists do not engage...

Administering Section 2 of the Voting Rights Act After Shelby County

Christopher S. Elmendorf* & Douglas M. Spencer**

Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an efยญfective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumberยญsome, and almost wholly ineffective at blocking changes before they take efยญfect. This Article...

With Congress divided over comprehensive immigration reform, federal and subfederal actors have stepped into the breach. In 2012 and 2014, in an effort to counter congressional paralysis, President Barack Obama extended deferred action to millions of undocumented noncitizen children and their parents. In doing so, he reignited debates about the constitutional boundaries of executive power. Among other things, these debates have highlighted the...

In 1970, Congress enacted the Fair Credit Reporting Act (FCRA) to address concerns that inadequate safeguards existed to protect consumers in their interactions with credit reporting agencies. Government regulation of credit reporting is critical because the structure of the credit reporting industry does not adequately incentivize credit reporting agencies to maintain accuracy in consumersโ€™ credit reports. Since the enactment of the FCRA, the...

This Essay provides a new framework for criticizing originalism or its alternativesโ€”the framework of positive law.

Existing debates are either conceptual or normative: They focus eiยญther on the nature of interpretation and authority, or on originalismโ€™s abilยญity to serve other values, like predictability, democracy, or general welยญfare. Both sets of debates are stalled. Instead, we ought to ask: Is originalism our law? If not, what...

International comity is one of the principal foundations of U.S. foreign relations law. The doctrines of American law that mediate the relationship between the U.S. legal system and those of other nations are nearly all manifestations of international comityโ€”from the conflict of laws to the presumption against extraterritoriality; from the recognition of foreign judgments to the doctrines limiting adjudicative jurisdiction in international cases;...

Complexity as Constraint

Cristina M. Rodrรญguez*

Response to: Jon D. Michaels, An Enduring, Evolving Separation of Powers, 115 Colum. L. Rev. 515 (2015).