Volume 92
-
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 -
ArticleVol. 92 · Iss. 2
Racial Classification and Ascriptive Injury
This Article describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action,…
Paul Gowder -
ArticleVol. 92 · Iss. 2
The Civil Rights Act of 1964
In early 1963, Dr. Martin Luther King, Jr. led what would become known as the “Birmingham Campaign” with the Southern Leadership Conference in which…
Paulette Brown -
ArticleVol. 92 · Iss. 2
A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and its Detrimental Impact on Civil Rights
The Federal Rules of Civil Procedure are celebrating their seventy-fifth anniversary this year. On this diamond anniversary, the celebration is tempered by the uncomfortable…
Suzette Malveaux -
ArticleVol. 92 · Iss. 2
Toward a Critical Corporate Law Pedagogy and Scholarship
In recent years, the publicly held corporation has assumed a central position in both the economic and political spheres of American life. Economically, the…
andré d. p. cummings, Steven A. Ramirez & Cheryl L. Wade -
ArticleVol. 92 · Iss. 2
Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the Next Generation of Citizens
Columbine High School, Littleton, Colorado. Heath High School, West Paducah, Kentucky. Westside Middle School, Jonesboro, Arkansas. Zero tolerance policies were adopted in these schools…
S. David Mitchell -
ArticleVol. 92 · Iss. 1
Copyright and Inequality
The standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is…
Lea Shaver -
ArticleVol. 92 · Iss. 1
Religious Associations: Hosanna-Tabor and the Instrumental Value of Religious Groups
In its 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Supreme Court held that the Religion Clauses of the First…
Ashutosh Bhagwat -
ArticleVol. 92 · Iss. 1
Social Innovation
This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance,…
Peter Lee -
CommentaryVol. 92 · Iss. 1
Hobby Lobby and the Zero-Sum Game
In a zero-sum game, one person’s gain is another person’s loss. Some claims under the Religious Freedom Restoration Act present such zero-sum circumstances in…
Kathryn E. Kovacs -
NoteVol. 92 · Iss. 1
A Path to “Inure” Peace: Consolidating the Perplexities of the Private Inurement and Private Benefit Doctrines
The preferential tax treatment of charities is an ancient tradition. This treatment was originally grounded in divine, but also procedural, principles. During antiquity, revenue…
Mark C. Westenberger -
NoteVol. 92 · Iss. 1
The Use of Merger Analysis Techniques to Assess the Competitive Effects of Reverse Payment Settlements
Reverse payment settlements, in which a brand drug manufacturer makes a payment to a generic drug manufacturer in exchange for the generic manufacturer delaying…
Michael Toomey