Nearly 150 years ago, the United States Supreme Court rebuffed efforts by the Wisconsin Supreme Court to free an abolitionist and an unhappy teenaged soldier from federal confinement. Since that point in history, it has been widely understood that state courts lack the power to grant habeas relief to individuals held in federal custody, even […]
This Article adds to the emerging literature on rewards to promote effective capital market gatekeeping. Capital market gatekeeping theory traditionally relies heavily on threats of legal liability for failure to perform legally mandated functions (along with a presumed constraint imposed by reputation effects). The ineffectiveness of many gatekeepers in the past decade revealed limitations of […]
Professor Adrian Vermeule’s new book, Judging Under Uncertainty, argues that while no one can empirically determine whether any net benefits arise from judicial use of legislative history or other interpretive methods that go beyond simple enforcement of plain text, such interpretive methods do impose substantial costs. Vermeule concludes, therefore, that courts should discard such interpretive […]
Civil rights laws are not self-enforcing. Enforcement mechanisms, therefore, need to be studied as part of the larger debate on the form and direction of civil rights law. The current decline of the ability of the private attorney general to fairly and consistently enforce our civil rights laws strengthens the argument for a renewed emphasis […]
Trademarks are indispensable tools for businesses and consumers. Although the Internet serves as an efficient means for distributing trademark-related information, it nevertheless provides a platform that can reduce the value of trademarks. In particular, commercial domain name parking—the practice of registering domain names and setting up placeholder websites filled with advertisers’ hyperlinks—often impermissibly exploits trademarks, […]
Note, How the Presumption Against Extraterritoriality Has Created a Gap in Environmental Protection at the 49th Parallel
Harmful pollutants are crossing the United States-Canada border as actors on either side of the boundary export environmental risk and harm through transboundary rivers. However, public international law has been unable to provide a remedy for the problem. Furthermore, efforts to address the problem in national courts have run afoul of the presumption against extraterritoriality. […]
- 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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