Issue 3
-
ArticleVol. 88 · Iss. 3
Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon…
Nathan B. Oman -
ArticleVol. 88 · Iss. 3
Overcoming Tradeoffs in the Taxation of Punitive Damages
As explained in a companion piece, there is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount…
Dan Markel -
ArticleVol. 88 · Iss. 3
A Tisket, a Tasket: Basketing and Corporate Tax Shelters
In an income tax system that comported with the economic, or Haig-Simons, definition of income, deductible expenses would not face sourcebased limitations. A true…
Leandra Lederman -
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 -
NoteVol. 88 · Iss. 3
From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework
The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic…
Micah Zeller -
NoteVol. 88 · Iss. 3
Sucking the Air out of Wind Energy: Nuisance Litigation and Its Effect on Wind Energy Development
Global climate change is a major threat facing our country and the world. The consequences of climate change are likely to be significant and…
Ryan Kusmin