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November 2015, Vol. 67, No. 6
Articles
Liesa L. Richter, Posnerian Hearsay: Slaying the Discretion Dragon
Sapna Kumar, Regulating Digital Trade
W. Keith Robinson, Economic Theory, Divided Infringement, and Enforcing Interactive Patents
Sandra F. Sperino, Retaliation and the Reasonable Person
Essays
R. George Wright, Content-Neutral and Content-Based Regulations of Speech: A Distinction That Is No Longer Worth the Fuss
Notes
S. Megan Testerman, A World Wide Web of Unwanted Children: The Practice, the Problem, and the Solution to Private Re-Homing
Category Archives: Civil Rights Law
Iesha S. Nunes, “Hands Up, Don’t Shoot”: Police Misconduct and the Need for Body Cameras
Abstract The 2014 shooting of Michael Brown in Ferguson, Missouri is probably the most notable of the many recent cases in the media involving police officers’ use of excessive force. After Officer Darren Wilson shot and killed Brown, varying accounts … Continue reading
Posted in Civil Rights Law, Criminal Procedure
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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
Posted in Civil Rights Law, Labor & Employment Law, Tort Law
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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
Posted in Civil Rights Law
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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
Posted in Civil Rights Law, Constitutional Law, Discrimination Law, Education Law
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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
Posted in Civil Rights Law, Constitutional Law
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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
Posted in Civil Rights Law, Constitutional Law, First Amendment
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