Volume 94
1995-96
Issue 1
- Computer Bulletin Board Operator Liability for Users' Infringing Acts
- The Impact of the Americans with Disabilities Act on State Bar Examiner's Inquiries Into the Psychological History of Bar Applicants
- Further Evidence of Discrimination in New Car Negotiations and Estimates of Its Cause
- Antitrust Standing in Private Merger Cases: Reconciling Private Incentives and Public Enforcement Goals
- The Uniform Probate Code Upends the Law of Remainders
- Religion-Based Peremptory Challenges After Batson v. Kentucky and J.E.B. v. Alabama: An Equal Protection and First Amendment Analysis
Issue 2
- Radically Subversive Speech and the Authority of Law
- Policy Distortion and Democratic Debilitation: Comparative Illumination of the Countermajoritarian Difficulty
- Conditional Probative Value and the Reconstruction of the Federal Rules of Evidence
- True Lies: The Role of Pretext Evidence Under Batson v. Kentucky in the Wake of St. Mary's Honor Center v. Hicks
- Back to the Briarpatch: An Argument in Favor of Constitutional Meta-Analysis in State Action Determinations
- Homologizing Pregnancy and Motherhood: A Consideration of Abortion
- Due Process Review Under the Railway Labor Act
- The Applicability of Section 2462's Statute of Limitations to SEC Enforcement Suits in Light of the Remedies Act of 1990
- Recent Books
Issue 3
- Commerce!
- The Prima Facie Case of Age Discrimination in Reduction-in-Force Cases
- Petty Offenses, Serious Consequences: Multiple Petty Offenses and the Sixth Amendment Right to Jury Trial
- Foreword
- "A Government of Limited and Enumerated Powers": In Defense of United States v. Lopez
- Third-Party Modification of Protective Orders Under Rule 26©
- Recent Books
- Enumerated Means and Unlimited Ends
- The Constitution's Forgotten Cover Letter: An Essay on the New Federalism and the Original Understanding
Issue 4
- When It’s OK to Sell the Monet: A Trustee-Fiduciary-Duty Framework for Analyzing the Deaccessioning of Art to Meet Museum Operating Expenses
- Turning From Tort to Administration
- Affirmative Duties, Systemic Harms, and the Due Process Clause
- Are Threats Always "Violent" Crimes?
- Vote Dilution and the Census Undercount: A State-by-State Remedy
- Recent Books
Issue 5
- Are Credit-Card Late Fees "Interest"? Delineating the Preemptive Reach of Section 85 of the National Bank Act of 1864 and Section 521 of the Depositary Institutions Deregulation and Monetary Control Act of 1980
- The Copyright Act of 1976 and Prejudgment Interest
- Structuring Multiclaim Litigation: Should Rule 23 Be Revised?
- One Bite at the Apple: Reversals of Convictions Tainted by Prosecutorial Misconduct and the Ban on Double Jeopardy
- Recent Books
- Rhetoric and Reality in Copyright Law
- Executive-Branch Rulemaking and Dispute Settlement in the World Trade Organization: A Proposal To Increase Public Participation
Issue 6
- Too Many Theories
- Measuring Poverty: A New Approach
- Libertarianism with a Twist
- The Real Ethic of Death and Dying
- Revenge for the Condemned
- Dream Makers: Black Judges on Justice
- Why is This Man a Moderate?
- Whose Alien Nation?: Two Models of Constitutional Immigration Law
- The Concept of Law Revisited
- Benign Neglect* of Racism in the Criminal Justice System
- Post Constitutionalism
- Computer Media for the Legal Profession
- All the Company of Heaven
- An "Age of [Im]Possibility": Rhetoric, Welfare Reform, and Poverty
- Game Theory and the Law: Ready for Prime Time?
- The Rooster's Egg: On the Persistence of Prejudice
- Reading The Legal Process
- Gossip and Metaphysics: The Personal Turn in Jurisprudential Writing
- Context and Legitimacy in Federal Indian Law
- Is There a Principle of Religious Liberty?
- The Quest for Enabling Metaphors for Law and Lawyering in the Information Agae
- Stories about Property
- Overcoming Posner
- Searching for Positivism
- Whose Justice? Which Victims?
- Statutory Interpretation and the Idea of Progress
- Words That Bind: Judicial Review and the Grounds of Modern Constitutional Theory
- Progress and Constitutionalism
- David Shapiro's Adversary Statement on Federalism
- Cabining the Constitutional History of the New Deal in Time
Issue 7
- Directorial Fiduciary Duties in a Tracking Stock Equity Structure: The Need for a Duty of Fairness
- The Chaotic Pseudotext
- Positivism and the Separation of Law and Economics
- Children of a Lesser God: GDR Lawyers in Post-Socialist Germany
- The First Amendment Status of Commercial Speech: Why the FCC Regulations Implementing the Telephone Consumer Protection Act of 1991 Are Unconstitutional
- When Discretion Leads to Distortion: Recognizing Pre-Arrest Sentence-Manipulation Claims Under the Federal Sentencing Guidelines
- Recent Books
Issue 8
- Tribute to Jerry Israel
- Counter-Revolution in Constitutional Criminal Procedure? Two Audiences, Two Answers
- Recent Books
- Index
- Random Thoughts by a Distant Collaborator
- A Tribute to Jerry Israel: A Friend with a Messy Office
- A Peculiar Privilege in Historical Perspective: The Right to Remain Silent
- A Tribute to Professor Jerold Israel--My Teacher, My Co-author, My Good Friend
- Computers, Urinals, and the Fourth Amendment: Confessions of a Patron Saint
- Juror Delinquency in Criminal Trials in America, 1796-1996
- The Limits of Legal Language: Decisionmaking in Capital Cases
