Article Type
Commentary
Posts
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CommentaryVol. 98 · Iss. 2
Inmate Constitutional Claims and the Scienter Requirement
Scholars have criticized requirements that inmates prove malice or deliberate indifference to establish constitutional claims against corrections officials. The Eighth Amendment currently requires convicted…
Ann Woolhandler & Michael Collins -
CommentaryVol. 90 · Iss. 6
Poking Holes in L.A.’s New Condom Requirement: Pornography, Barebacking, and Speech
In November 2012, California voters approved the County of Los Angeles Safer Sex in the Adult Film Industry Act, known as ?Measure B. The…
Alexander S. Birkhold -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler -
CommentaryVol. 90 · Iss. 3
Managerial Judging and Substantive Law
In this Article, I examine the interface between substantive law and managerial judging. My aim is not to criticize the dominant strain of current…
Tobias Barrington Wolff -
CommentaryVol. 90 · Iss. 3
The Role of the Judge in Non-Class Settlements
What is the role of the judge in aggregate litigation? That was the question posed to Judge Alvin Hellerstein and several panelists, including myself,…
Howard M. Erichson -
CommentaryVol. 98 · Iss. 1
Acknowledgments as a Window Into Legal Academia
Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion…
Jonathan I. Tietz & W. Nicholson Price II -
CommentaryVol. 90 · Iss. 2
Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts
In April 2010, President Barack Obama nominated Edward DuMont to the United States Court of Appeals for the Federal Circuit, while more than one…
Carl Tobias -
CommentaryVol. 90 · Iss. 1
To Swear or not to Swear: Using Foul Language During a Supreme Court Oral Argument
Swearing is not the first thing that comes to mind when preparing for a Supreme Court oral argument. But for lawyers arguing certain types…
Alan E. Garfield -
CommentaryVol. 89 · Iss. 6
Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication
The Supreme Court’s 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal…
Christopher Slobogin -
CommentaryVol. 89 · Iss. 5
A Due Process Right to Record the Police
Do citizens have a right to record the actions of law enforcement officers? This topic has been the subject of considerable discussion, and no…
Glenn Harlan Reynolds & John A. Steakley -
CommentaryVol. 89 · Iss. 4
Bridging the Great Divide—A Response to Linda Greenhouse and Reva B. Siegel’s Before (and After) Roe v. Wade: New Questions About Backlash
This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I…
Lolita Buckner Inniss -
CommentaryVol. 89 · Iss. 3
Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won’t Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat
Skyrocketing mobile data demands caused by increasing adoption of smartphones, tablet computers, and broadband-equipped laptops will soon swamp the capacity of our nation’s wireless…
James V. Krogmeier, Brian J. Love & David J. Love