Volume 89
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ArticleVol. 89 · Iss. 5
“A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity
Building on current interest in the regulation of child pornography, this Article goes back to the 1950s, recovering a lost history of how southern…
Anders Walker -
ArticleVol. 89 · Iss. 5
Constitutionalized Negligence
The propriety of imposing tort liability for negligent speech has been the subject of controversy since before the First Amendment’s incorporation. The debate over…
Deana Pollard Sacks -
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 -
NoteVol. 89 · Iss. 5
Salazar v. Buono: The Failed Landmark Case and its Illustration of the Two Sides of Plurality Opinions
A simple Latin cross, placed on an outcropping of rock in the Mojave Desert, became the center of much controversy in 1999. The cross…
Daniel Joseph Bass -
NoteVol. 89 · Iss. 5
Sampling the Circuits: The Case for a New Comprehensive Scheme for Determining Copyright Infringement as a Result of Music Sampling
Music sampling continues to be the linchpin of a variety of musical styles including rap, hip-hop, house, and dance music, and has even become…
John S. Pelletier -
ArticleVol. 89 · Iss. 4
Judging, Expertise, and the Rule of Law
We live in an era of hyper specialization. Professionals across a spectrum of fields focus on mastering and practicing in narrow subspecialties. This is…
Chad M. Oldfather -
ArticleVol. 89 · Iss. 4
Cybersecurity and Executive Power
This Article analyzes the constitutional authority of the President to shut down or limit public access to the Internet in a time of national…
David W. Opderbeck -
ArticleVol. 89 · Iss. 4
Changing the Marriage Equation
This Article brings together legal, historical, and social science research to analyze how couples allocate income-producing and domestic responsibilities. It develops a framework—what I…
Deborah A. Widiss -
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 -
NoteVol. 89 · Iss. 4
ICANN’s Escape from Antitrust Liability
The power to control the architecture of the Internet is the power to control communication, commerce, and vast quantities of personal data. That power…
Justin T. Lepp -
NoteVol. 89 · Iss. 4
Setting the Pace for Energy Efficiency: The Rise, Fall, and (Potential) Return of Property Assessed Clean Energy
This Note discusses an innovative form of legislation known as “Property Assessed Clean Energy”, or PACE. PACE allows property owners to receive funding from…
Jeffrey Hoops -
ArticleVol. 89 · Iss. 3
Arbitrary Death: An Empirical Study of Mitigation
The Supreme Court has long viewed mitigation evidence as key to saving the death penalty from constitutional challenge. Mitigation evidence about a capital defendant’s…
Emily Hughes