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ArticleVol. 88 · Iss. 1
Measuring the True Cost of Government Bailout
Government intervention to assist individual businesses and industries during the 2008–2009 economic crisis was extraordinary in variety and scope. Despite official protestations of no…
Cheryl D. Block -
ArticleVol. 88 · Iss. 1
The Scope of Congress’s Thirteenth Amendment Enforcement Power After City of Boerne v. Flores
Section 2 of the Thirteenth Amendment grants Congress power to enforce this article by appropriate legislation. In Jones v. Alfred H. Mayer Co., the Supreme…
Jennifer Mason McAward -
ArticleVol. 88 · Iss. 1
In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decision Making
The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional…
Eric Berger -
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 -
NoteVol. 88 · Iss. 1
Tremendous Upside Potential: How a High-School Basketball Player Might Challenge the National Basketball Association’s Eligibility Requirements
In 1995, the Minnesota Timberwolves, a franchise in the National Basketball Association (NBA, or “the League”), selected Kevin Garnett with the fifth pick of…
Joseph A. Litman -
NoteVol. 88 · Iss. 1
New Twists on an Old Plot: Investors Look to Avoid the Wash Sale Rule by Harvesting Tax Losses with Exchange-Traded Funds
On October 7, 2007, all seemed well on Wall Street as the Dow Jones Industrial Average (DJIA) set a “record high,” closing at 14,164.…
Garrett M. Fischer