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George Fisher* First a toast—to my colleague Jeff Fisher and his Crawford[1]compatriot, Richard Friedman, on the tenth anniversary of their triumph: What they achieved in Crawford is every lawyer’s dream. By ...

Jeffrey L. Fisher* Imagine a world . . . in which the Supreme Court got it right the first time. That is, imagine that when the Supreme Court first incorporated the Confrontation Clause against the states, the ...

Richard D. Friedman* I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly v. Virginia,[1] he wrote a farsighted concurrence, making him one of the first members of ...

Introduction from the Editors No one disputes the significance of Crawford v. Washington, 541 U.S. 36 (2004), which fundamentally transformed Confrontation Clause jurisprudence. But ten years after the Supreme ...

Christopher Serkin* The purpose of the Fifth Amendment’s Takings Clause is to protect property owners from the most significant costs of legal transitions. Paradigmatically, a regulatory taking involves a ...

Jason Iuliano* The special verdict is plagued by two philosophical paradoxes: the discursive dilemma and the lottery paradox. Although widely discussed in the philosophical literature, these paradoxes have never ...

Polina Demina* For the average investor trying to save for retirement or a child’s college fund, the world of investing has become increasingly complex. These retail investors must turn more frequently to ...

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