Volume 91
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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 -
ArticleVol. 91 · Iss. 2
Intruders in the Boardroom: The Case of Constituency Directors
Under current fiduciary rules, directors who fail to maintain an undivided loyalty to common shareholders are essentially “intruders,” exposed to shareholder retribution and liability…
Simone M. Sepe -
ArticleVol. 91 · Iss. 2
Taking Groundwater
In February 2012, in a case called Edwards Aquifer Authority v. Day, the Texas Supreme Court held that landowners hold property rights to the…
Dave Owen -
CommentaryVol. 91 · Iss. 2
The Federal Media Shield Folly
News organizations have pushed for a federal law protecting journalists from compelled disclosure of confidential sources and unpublished information since the Supreme Court ruled…
Brad A. Greenberg -
NoteVol. 91 · Iss. 2
Reading the Tea Leaves: The Supreme Court and the Futureof Coalition Districts Under Section 2 of the Voting Rights Act
Every ten years, state legislatures or specially designated commissions convene to redraw legislative district lines that comport with new census data in a process…
Lauren R. Weinberg -
NoteVol. 91 · Iss. 2
Juvenile Life Without Parole Post- Miller: The Long, Treacherous Road Towards a Categorical Rule
For the better part of a decade, life without the possibility of parole (“LWOP”) has been the United States’ harshest constitutional penalty for juvenile…
Sean Craig -
ArticleVol. 91 · Iss. 1
Taxing Polygamy
The tax law treats married and unmarried taxpayers differently in several respects. Married persons, for example, can file and pay their taxes as a…
Samuel D. Brunson -
ArticleVol. 91 · Iss. 1
Sovereignty Mismatch and the New Administrative Law
In the United States, making international policymaking work with domestic administrative law poses one of the thorniest of modern legal problems—the problem of sovereignty…
David Zaring -
ArticleVol. 91 · Iss. 1
How NFIB v. Sebelius Affects the Constitutional Gestalt
This Essay examines the effects of the Supreme Court‘s decision in National Federation of Independent Business v. Sebelius, in which the Court addressed the…
Lawrence B. Solum -
CommentaryVol. 91 · Iss. 1
Salvaging the 2013 Federal Law Clerk Hiring Season
Ten years ago, the judiciary instituted the Federal Law Clerk Hiring Plan, an employment system meant to regularize hiring in which most circuit and…
Carl Tobias -
NoteVol. 91 · Iss. 1
FICA Taxation of Post-Employment Benefits: A Statutory Puzzle and Sociopolitical Conundrum
In the wake of a brief but contentious span that has included a presidential election, fiscal cliff and government shutdown, the probability of a…
Amanda Stein