Issue 2
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ArticleVol. 88 · Iss. 2
ERISA & Uncertainty
In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed…
Brendan S. Maher & Peter K. Stris -
ArticleVol. 88 · Iss. 2
Just Negotiation
This Article argues that the procedural justice—that is, fairness of process—plays a critical and largely unexamined role in legal negotiation, encouraging the acceptance of…
Rebecca Hollander-Blumoff -
ArticleVol. 88 · Iss. 2
The Political Fourth Amendment
The Political Fourth Amendment builds on Justice Ginsburg’s recent dissent in Herring v. United States to argue for a “more majestic conception” of the Fourth Amendment…
Thomas P. Crocker -
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 -
NoteVol. 88 · Iss. 2
The Scope of “Plaintiffs’ Harm” in Environmental Preliminary Injunctions
Deep sea adventurer and advocate Jacques Cousteau once stated: “The happiness of the bee and the dolphin is to exist. For man it is…
Amber R. Woodward -
NoteVol. 88 · Iss. 2
Kimbrough, Spears, and Categorical Rejection: The Latest Additions to the Family of Federal Sentencing Policy Cases
In the past three decades, the federal sentencing system has been in a state of flux. At the core of the debate, and at…
Sophia A. Vandergrif