Volume 88
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ArticleVol. 88 · Iss. 4
Disentangling Child Pornography from Child Sex Abuse
Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised…
Carissa Byrne Hessick -
ArticleVol. 88 · Iss. 4
Rationalizing Costs in Investment Treaty Arbitration
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors…
Susan D. Franck -
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 -
NoteVol. 88 · Iss. 4
Using Litigation to Address Violence in Urban Public Schools
It is well recognized that America is facing a crisis in public education. Nationwide, black and Latino students suffer from an achievement gap compared…
Michelle Parthum -
NoteVol. 88 · Iss. 4
Shake and Bake: The Meth Threat and the Need to Rethink 21 U.S.C. § 841(C)(2)
21 U.S.C. § 841(c)(2) (the “pseudoephedrine statute”) imposes a prison term of up to twenty years for any person who “distributes a listed chemical…
Raphael S. Nemes -
NoteVol. 88 · Iss. 4
Sweet Dreams Aren’t Made of These: How the VA’ s Disability Compensation Program Leaves Veterans Alone in the Nightmare of Posttraumatic Stress Disorder
Posttraumatic stress disorder (PTSD) already afflicts a large number of veterans, and these numbers are only rising with the wars in Iraq and Afghanistan.…
Alexandra S. Haar -
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