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Forum: The ‘New’ Labor Regime

minority unionism and members-only bargaining. Here we think there is the most cause for optimism. Workers represented at their worksites by non

Forum: The National Security Constitution and the Bush Administration

cuts across the theories offered by Eskridge and Ferejohn and those offered by Ackerman. These theories are similar in that they posit a process

Forum: Docket Capture at the High Court

helpful, they can and will obtain them. The expert advocates also invariably enjoy an advantage by dint of their sheer celebrity, at least within the

Forum: The Individual Sector: A Book Proposal

Instead, these wars were fought in ignorance of their true cause. Had there been an objective viewpoint from which to view the American condition in 1968

Repairing the Irreparable: Revisiting the Federalism Decisions of the Burger Court

they were more attuned to policy outcomes and the real-world consequences of their decisions than may typically be assumed. Above all, the papers reveal

Forum: Federal Judicial Supremacy on the Ballot

noted the potential of these ballot measures to undermine judicial independence on the state bench, but they have overlooked the fact that these

The Internet and the Dormant Commerce Clause

Yale Law Journal - The Internet and the Dormant Commerce Clause

The Age of Consent

source of their ultimate sterility would be to ascribe to them a depth of self-reflection even greater than the insights they ascribed to themselves. V

Forum: Memorandums to Messages: The Evolution of FOIA in the Age of the Internet

the Internet age there has been an explosion of electronic records, particularly email messages, which by their very volume have sometimes challenged

The Perils of Experimentation

therefore provide a timely testing ground to examine the implications of the theory developed here. These rules also have profound policy and legal