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Current Issue
January 2015, Vol. 67, No. 1
Articles
Oren Gross, The New Way of War: Is There a Duty to Use Drones?
Reid Kress Weisbord, Trust Term Extension
Xuan-Thao Nguyen, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law
Sean F. Nolon, Bargaining for Development Post-Koontz: How the Supreme Court Invaded Local Government
Gregory Scopino, Do Automated Trading Systems Dream of Manipulating the Price of Futures Contracts? Policing Markets for Improper Trading Practices by Algorithmic Robots
Bethany R. Berger, In the Name of the Child: Race, Gender, and Economics in Adoptive Couple v. Baby Girl
Notes
Jennifer Lada, Bouncing the Proverbial Blank Check: An Argument for Including Candidates for Public Office Within the Scope of the Hobbs Act
Category Archives: Civil Rights Law
Daniel J. DiMatteo, To Enforce a Privacy Right: The Sovereign Immunity Canon and the Privacy Act’s Civil Remedies Provision After Cooper
In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District … Continue reading
Camilla Cohen, Goodyear Dunlop’s Failed Attempt to Refine the Scope of General Personal Jurisdiction
In first-year civil procedure, students spend a great deal of time parsing an “answer” to a deceptively simple question: When may a state exercise its adjudicatory authority over an out-of-state defendant? Since Pennoyer v. Neff, the United States Supreme Court has addressed the issue … Continue reading
Steven G. Calabresi & Abe Salander, Religion and the Equal Protection Clause: Why the Constitution Requires School Vouchers
Ask anyone whether the Constitution permits discrimination on the basis of religion, and the response will undoubtedly be no. Yet the modern Supreme Court has not recognized that the antidiscrimination command of the Fourteenth Amendment protects religion in the same … Continue reading
Christian Turner, State Action Problems
The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, as the Supreme Court did in Shelley v. Kraemer, are either vastly over-inclusive … Continue reading
Janai S. Nelson, The First amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint
This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized problem, felon disenfranchisement is additionally … Continue reading
Nancy Leong, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream
American culture is steeped in the mythology of the open road. In our collective imagination, the road represents freedom, escape, friendship, romance, and above all, the possibility for a better life. But our shared dream of the open road comes … Continue reading