Issue 3
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ArticleVol. 91 · Iss. 3
The ‘Shell Bill’ Game: Avoidance and the Origination Clause
With increasing frequency, many important revenue laws, such as the Affordable Care Act and the American Taxpayer Relief Act of 2012, begin as “shell…
Rebecca M. Kysar -
ArticleVol. 91 · Iss. 3
For-Profit Corporations, Free Exercise, and the HHS Mandate
Under the Patient Protection and Affordable Care Act, most employers must provide their employees with health insurance that covers all FDA-approved contraceptive methods and…
Scott W. Gaylord -
ArticleVol. 91 · Iss. 3
The Arbitration Clause as Super Contract
It is widely acknowledged that the purpose of the Federal Arbitration Act (FAA) was to place arbitration clauses on equal footing with other contracts.…
Richard Frankel -
ArticleVol. 91 · Iss. 3
Strange Bedfellows at Work: Neomaternalism in the Making of Sex Discrimination Law
In contests about pregnancy discrimination during the 1970s, feminists, the business lobby, and anti-abortion activists disputed the meaning of sex equality. Existing scholarship has…
Deborah Dinner -
CommentaryVol. 91 · Iss. 3
Misconstruing Graham & Miller
In the last three years, the Supreme Court has decreed a sea change in its juvenile Eighth Amendment jurisprudence. In particular, in Graham v.…
Cara H. Drinan -
NoteVol. 91 · Iss. 3
Returning “Decision” to School Discipline Decisions: An Analysis of Recent, Anti-Zero Tolerance Legislation
Public school districts across America are evaluating the effectiveness of zero tolerance school discipline policies. Initially developed in the 1980s to combat the war…
Rebecca Morton -
NoteVol. 91 · Iss. 3
Rebutting the Roberts Court: Reinventing the Collateral Order Doctrine Through Judicial Decision Making
A civil procedure revival has quietly been underway since the inception of the Roberts Court in 2005. Unnoticed and sweeping changes may be in…
Michael E. Harriss