The Bill of Rights originated as a constraint only on the federal government. As every law student learns, therefore, in the 1833 case of Barron v. Baltimore, the Supreme Court dismissed a Fifth Amendment takings claim against a state. This Article shows, however, that early state courts regularly invoked and applied the provisions of the […]
In 2003, the Supreme Court created a presumption that only single-digit ratios of punitive damages to compensatory damages would satisfy substantive due process limits. The Court also created an exception to this presumption, applicable when the defendant’s misconduct results in only a small amount of compensatory damages or when harm is difficult to value. While […]
The debate on the renewal of the Trade Promotion Authority Act has brought public scrutiny to the terms of investment treaties—including dispute resolution provisions. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties, and there is little evidence of reliance on other processes like mediation. This […]
Note, To Fix or Not to Fix: Copyright’s Fixation Requirement and the Rights of Theoretical Collborators
Despite its typical responsiveness to technological advances, copyright law has not kept pace with the emergence of the director as the primary player in American theater, leaving the contributions of this essential, creative artist without recognition or protection. Because work must be original, authored, and fixed to warrant copyright protection, critics cite the lack of […]
- Note: Maximizing the Min-Max Test: A Proposal To Unify the Framework for Rule 403 Decisions
- Note: Anticompetitive Until Proven Innocent: An Antitrust Proposal To Embargo Covert Patent Privateering Against Small Businesses
- New Economy, Old Biases
- Will LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?
- “The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World
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