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ArticleVol. 98 · Iss. 1
Compassionate Homicide
Ample psychological studies demonstrate that emotions provide reasons for action and are powerful drivers of a host of behaviors, including criminal acts. Studies further…
Michal Buchhandler-Raphael -
ArticleVol. 90 · Iss. 2
Bureaucratic Oppression: Its Causes and Cures
The purpose of this Article is to expand consideration of the problems involved in the interactions between government and individuals, and to explore potential…
Edward L. Rubin -
ArticleVol. 90 · Iss. 1
The Irrelevance of Politics for Arbitrary and Capricious Review
This Article contends that, properly understood, judicial review of agency action under the reasoned decision-making standard precludes a court from considering political influence, but…
Mark Seidenfeld -
ArticleVol. 90 · Iss. 1
License to Deal: Mandatory Approval of Complex Financial Products
“There is definitely going to be another financial crisis around the corner because we haven’t solved any of the things that caused the previous…
Saule T. Omarova -
ArticleVol. 90 · Iss. 1
Proxy Signals: Capturing Private Information for Public Benefit
This Article presents an original empirical methodology to identify which patent laws will best promote optimal incentives to innovate for society. Vociferous debates over…
Gregory N. Mandel -
ArticleVol. 89 · Iss. 6
Response—Factions for the Rest of Us
This response paper highlights the author’s three objectives in writing Liberty?s Refuge: one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with…
John D. Inazu -
ArticleVol. 89 · Iss. 6
Commentary—Liberty’s Forgotten Refugees? Engendering Assembly
This paper addresses three specific issues: Professor Inazu‘s treatment of the always-contested divide between public and private, his overly narrow reading of the Supreme…
Susan Frelich Appleton -
ArticleVol. 89 · Iss. 6
Commentary—How Necessary Is the Right of Assembly?
As a political culture seemingly hard-wired for the full-throated championing of individual rights, we are not quite sure what to do with liberty claims…
Robert K. Vischer -
ArticleVol. 89 · Iss. 6
Commentary—Liberty’s Refuge, or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Liberty’s Refuge is an important book with a lot of original and interesting things to say about the First Amendment. In many ways, however,…
Ashutosh Bhagwat -
ArticleVol. 89 · Iss. 6
Introduction—Entering Liberty’s Refuge (Some Assembly Required)
This brief discussion of a book I greatly admire, by an author I am fortunate to know as a colleague and a friend, cannot…
Gregory P. Magarian -
ArticleVol. 89 · Iss. 6
Linking the Questions: Judicial Supremacy As a Matter of Constitutional Interpretation
This Article explains that what has been missing from the debate between advocates of popular constitutionalism and defenders of judicial supremacy is any account…
Tabatha Abu El-Haj -
ArticleVol. 89 · Iss. 6
Rebellious State Crimmigration Enforcement and the Foreign Affairs Power
The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These…
Mary Fan