Article Type
Commentary
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CommentaryVol. 88 · Iss. 5
Executive Weapons to Combat Infection of the Art Market
Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that…
Jennifer Anglim Kreder -
CommentaryVol. 88 · Iss. 4
Constitutional Rights and Judicial Independence: Lessons from Iowa
As was true across the country, the elections held in Iowa this past November were tough on incumbents. In Iowa, however, it was not…
Ian Bartrum -
CommentaryVol. 88 · Iss. 3
How the U.S. Government’s Market Activities Can Bolster Mobile Banking Abroad
To combat corruption and increase the effectiveness of foreign aid, the United States should require that all of its foreign aid distributions, reconstruction projects,…
Colin C. Richard -
CommentaryVol. 88 · Iss. 2
A Reply to Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a reply to the fictional…
Eric J. Segall -
CommentaryVol. 88 · Iss. 2
Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation
Written in the form of a fictional memo by Counsel to the President, Ray Politik, this commentary offers a reply to a fictional opening statement…
Neil J. Kinkopf -
CommentaryVol. 88 · Iss. 2
What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed)
Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a proposed opening statement…
Eric J. Segall -
CommentaryVol. 88 · Iss. 1
A Challenge to Sustainable Governments?
Sustainability, an environmentally-friendly term that previously incited political unrest, economic uncertainty, and even emotional outrage, has become quite commonplace. In federal, state, and local…
Keith H. Hirokawa -
CommentaryVol. 88 · Iss. 1
Justice Souter and the Civil Rules
On April 30, 2009, after almost twenty years on the U.S. Supreme Court, Justice David Hackett Souter announced his retirement. A quiet personality never…
Scott Dodson -
CommentaryVol. 94 · Iss. 5
The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins
The Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins does not fully resolve when an intangible injury such as a defendant’s misreporting of…
Bradford C. Mank -
CommentaryVol. 94 · Iss. 5
To Consider or to Use? Citation to Foreign Authority and Legal Aesthetics
In this essay I consider what it means to consider something. More directly, I consider how a judge might distinguish a source used for…
Andrew Jensen Kerr -
CommentaryVol. 94 · Iss. 4
Confirming Supreme Court Justices in a Presidential Election Year
Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the…
Carl Tobias -
CommentaryVol. 95 · Iss. 3
Who has Standing to Sue the President Over Allegedly Unconstitutional Emoluments?
Two provisions of the U.S. Constitution that have received comparatively little public attention over the past 227 years are suddenly all over the news,…
Matthew Hall