Issue 3
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ArticleVol. 92 · Iss. 3
Gayffirmative Action: The Constitutionality of Sexual Orientation-Based Affirmative Action Policies
Twenty-five years ago, the U.S. Supreme Court established a consistency principle in its race-based equal protection cases. That principle requires courts to apply the…
Peter Nicolas -
ArticleVol. 92 · Iss. 3
Say on Pay Around the World
Shareholders have long complained that top executives are overpaid by corporate boards irrespective of their performance. Investors have traditionally been powerless to prevent these…
Randall S. Thomas & Christoph Van der Elst -
ArticleVol. 92 · Iss. 3
Resolving Intrastate Conflicts of Laws: The Example of the Federal Arbitration Act
Choice-of-law analysis is typically thought of as confined to the multistate setting. This is a mistake. To the contrary, conflicts often appear between statutes…
Andrew D. Bradt -
ArticleVol. 92 · Iss. 3
(Mis)Trusting States to Run Elections
Recent Supreme Court election law jurisprudence reflects an unspoken, pernicious trend. Without identifying a specific new rule, the Court has been unjustifiably deferring to…
Joshua A. Douglas -
CommentaryVol. 92 · Iss. 3
Epilogue: Moral Panics and Body Cameras
This brief follow-up to Moral Panics and Body Cameras comments on the weeks after that essay was published and what those events show about…
Howard M. Wasserman -
CommentaryVol. 92 · Iss. 3
Moral Panics and Body Cameras
This Commentary uses the lens of “moral panics” to evaluate public support for equipping law enforcement with body cameras as a response and solution…
Howard M. Wasserman -
NoteVol. 92 · Iss. 3
Throwing a Toy Wrench in the “Greatest Legal Engine”: Child Witnesses and the Confrontation Clause
Cross-examination of witnesses has often been called the “greatest legal engine ever invented for the discovery of truth.” Enshrined in the Confrontation Clause of…
Jonathan Clow