Volume 91
-
ArticleVol. 91 · Iss. 6
The Constitution According to Justices Scalia and Thomas: Alive and Kickin’
No one expects Supreme Court Justices to be completely consistent across the vast range of emotionally charged and controversial constitutional law issues they are…
Eric J. Segall -
ArticleVol. 91 · Iss. 6
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
In one of its most-watched recent cases, the United States Supreme Court struck down a class action alleging that Wal-Mart stores discriminated against female…
Pauline Kim & Margo Schlanger -
ArticleVol. 91 · Iss. 6
The Anti-Bottleneck Principle in Employment Discrimination Law
State legislatures and the Equal Opportunity Employment Commission (EEOC) have moved in parallel in recent years to provide new protections for the employment prospects…
Joseph Fishkin -
ArticleVol. 91 · Iss. 6
Corruption, Corporations, and the New Human Right
We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly…
Andrew B Spalding -
NoteVol. 91 · Iss. 6
The Constitutional Hall Pass: Rethinking the Gap in § 1983 Liability That Public Schools Have Enjoyed Since Deshaney
On six occasions during the 2007–2008 school year, Tommy Keyes picked up nine-year-old Jane Doe from her elementary school during school hours. On each…
Jeff Sanford -
NoteVol. 91 · Iss. 6
Red Tape Tightrope: Regulating Financial Conflicts of Interest in FDA Advisory Committees
In 2001, the Food and Drug Administration (FDA) approved the oral contraceptive Yasmin for use. A similar contraceptive, Yaz, was approved in 2006. Both…
Colleen O Davis -
ArticleVol. 91 · Iss. 5
Why Do Cities Innovate in Public Health? Implications of Scale and Structure
Big cities have frequently enacted public health regulations—especially with respect to tobacco use and obesity—that go beyond the state and federal regulatory floors. That…
Paul A. Diller -
ArticleVol. 91 · Iss. 5
Noise Reduction: The Screening Value of Qui Tam
Whistle-blowing mechanisms have long been recognized and used as tools to encourage the revelation of hidden information. The information sought is often evidence of…
Anthony J. Casey & Anthony Niblett -
ArticleVol. 91 · Iss. 5
Illegal Secrets
When can the government keep its illegal action secret? In spite of the strong incentive for government officials and institutions to hide unlawful conduct…
Jenny-Brooke Condon -
CommentaryVol. 91 · Iss. 5
Completing the Picture of Uncertain Patent Scope
Uncertain patent scope is perhaps the most significant problem facing the patent system. Uncertainty in patent rights leads to avoidable infringement; suppressed competition; inefficient…
Greg Reilly -
NoteVol. 91 · Iss. 5
A Change in the Environment of Plea Bargaining: Using the Inspiration of Administrative Procedural Safeguards Like NEPA to Add Process Protections
Plea bargaining has evolved into the most prominent way criminal justice is administered in the United States today, even though it is met with…
Jared R. Jedick -
NoteVol. 91 · Iss. 5
“I [Won’t] Follow You”: The Misguided, and Dangerous, Interpretation of Constitutional Extraterritoriality in United States v. Ali
Not only is United States citizenship a “high privilege,” it is a priceless treasure. For that citizenship is enriched beyond price by our goal…
Isaac D. Chaput