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which the nation-state has been deconstructed and eighteenth- and nineteenth-century notions of unmediated national sovereignty have been properly put to
David A. Strauss | Yale Law Journal David A. Strauss 112 Yale L.J. 1717 (2003) Why do we care about the Framers of the Constitution? After all, they
compatibility theory to the airline industry suggests that major carriers have an incentive to thwart interairline compatibility, which they accomplish by making it prohibitively ...
Brian Barnes | Yale Law Journal Brian Barnes 120 Yale L.J. 328 (2010). This Note argues that rescission—the traditional remedy for innocent
Rachel E. Barkow | Yale Law Journal Rachel E. Barkow As part of the symposium to reflect on Justice Sotomayor’s first five years on the Supreme Court
many areas of law. Race is not among them. Justice Thomas’s opinions reflect, first and foremost, his conviction that the Fourteenth Amendment’s Equal Protection Clause,...
community, El Paso, Texas, which has the will to try to meet Gideon’s challenge, but lacks the resources to deliver fully Gideon’s promise. We look at
doctrine and due process doctrine. Following Kelo, numerous states have reformed their eminent domain laws in an effort to ensure that the takings
interested in balance. They are interested in winning. Proponents want to delegitimate and dismantle the current system of local and state regulation....
in thinking about its uniqueness, we are reminded of “American exceptionalism” and the diametrically opposed meanings that advocates have ascribed to