Jun 1, 2021 | Article, Federal, Stephen Johnson
By Stephen Johnson Abstract In 1972, a bipartisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Almost fifty years have passed since Congress enacted the law, and during that...
Jun 1, 2021 | Andrew F. Rodheim, Article, Federal, Jurisdiction, Martin H. Redish, Nicholas Roosevelt
By Martin H. Redish, Andrew F. Rodheim, Nicholas Roosevelt Abstract The study of federal jurisdiction has traditionally involved little more than a combined examination of judicial doctrine and policy. Under this approach, scholars study how the Supreme Court has...
Mar 1, 2021 | Article, Feature, First Amendment, Intellectual Property, Ned Snow
By Ned Snow Abstract In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment...
Mar 1, 2021 | Article, Douglas R. Richmond, Feature, Insurance Law
By Douglas R. Richmond Abstract Most Americans and American businesses purchase liability insurance to protect against financial loss should they ever be sued. In furnishing this protection, liability insurers contractually promise policyholders that they will defend...
Mar 1, 2021 | Article, Dispute Resolution and Arbitration, Feature, Rebecca N. Morrow, Tax
By Rebecca N. Morrow Abstract Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more...
Mar 1, 2021 | Article, Feature, Fourth Amendment, Janine Kim
By Janine Kim Abstract This Article considers the role of property rights in defining Fourth Amendment searches. Since United States v. Jones in 2012, the Supreme Court has relied on both privacy and property to determine whether a Fourth Amendment search has...
Dec 1, 2020 | Article, Bernard S. Sharfman, Corporate, Feature, Securities
By Bernard S. Sharfman Abstract The SEC’s recent staff roundtable on the proxy process and its resulting guidance, interpretation, and proposed rules has made shareholder voting the most prominently debated corporate governance issue of recent times. The number of...
Dec 1, 2020 | Article, Bankruptcy, Christopher J. Ryan Jr., Feature, Policy, Samantha L. Bailey, Securities
By Samantha L. Bailey and Christopher J. Ryan Jr. Abstract Even before the spread of the COVID-19 pandemic, student loan debt—totaling over $1.64 trillion—was a cause for concern, as it is the second largest source of consumer debt in the United States, trailing only...
Dec 1, 2020 | Article, Edward J. Imwinkelried, Evidence, Feature
By Edward J. Imwinkelried Abstract In the past, most common-law courts developed an intense antipathy to privileges because they perceived privileges as obstructing the search for truth. To begin with, the courts made it difficult for claimants to assert privileges by...
Dec 1, 2020 | Article, Clay Calvert, Constitutional Law, Feature, First Amendment
By Clay Calvert Abstract The United States Supreme Court’s 2010 opinion in the crush-video case of United States v. Stevens made it extremely difficult to declare new varieties of low-value speech unprotected by the First Amendment. Five years later, the Court’s...
