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This Article challenges the First Amendment critique of data privacy regulation - the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes and threatens the constitutionalization of information policy. The First Amendment critique should...

This Article examines how conservative and libertarian lawyers created a field of legal advocacy organizations in the image of public interest organizations of the political left and how they adapted the model and rhetoric of public interest law practice to serve different political ends. As conservatives developed a cadre of competent and committed advocates and deployed nonprofit legal advocacy...

Advocates of colorblindness doctrine argue that the time has come to look beyond racial categories. In October 2003, Californians voted against an initiative premised on the idea that eliminating the state's power to collect racial data would further the advancement of equality. This Comment proposes that even if the initiative is recast in revised form and wins a majority of California's popular...

Most farm animals suffer for the entirety of their lives, both on the farm and at the slaughterhouse. While there are state and federal laws designed to protect these animals from abuse, such laws are rarely enforced by the public officials who have the authority to do so. Animal advocacy groups have taken matters into their own hands by utilizing state unfair competition laws, including...

Constitutional comparativism—the notion that international and foreign material should be used to interpret the U.S. Constitution—is gaining currency. Yet proponents of this practice rarely offer a firm theoretical justification for the practice. This Article contends that constitutional comparativism should be examined from the perspective of constitutional theory. The use of comparative and...

Although agencies are the dominant force in criminal law today, existing scholarship has largely failed to analyze how these bodies perform as agencies. We know little about how the institutional design of these agencies affects their output or whether the politics of regulation are different when an agency is responsible for the regulation of criminal justice issues as opposed to traditional...

In the United States today, unmarried cohabitants have no obligations to each other unless they have contracted to assume such obligations. “Conscriptive” rules that base the obligations of cohabitants on status instead of contract have been adopted in a number of other nations, and the American Law Institute has advocated adoption of the conscriptive approach in the United States. This Article...

At a time when consumers enjoy an unprecedented level of access to the goods of their choice, why does a patchwork of state laws prevent equal access to one class of goods: alcoholic beverages? The not-so-simple answer lies in the history and application of section 2 of the Twenty-first Amendment, and in the tension between the Twenty-first Amendment and the Commerce Clause. Spearheaded by...

For bankruptcy professionals, particularly transactional attorneys, the ability to practice nationwide without the fear of breaking ethical and legal standards is surprisingly not a given. While litigators can be granted temporary pro hac vice admission, there is no equivalent safe harbor for the transactional bankruptcy attorney. Fewer than fifteen states have adopted any rule allowing for...

The prevailing test for predation under section 2 of the Sherman Act is the Areeda-Turner rule, which condemns pricing below a dominant firm's own average variable cost. This rule is both underinclusive and overinclusive, and is not generalizable to cases of nonprice predation. Alternative rules are also flawed. Those based on behavior do not address predation before the victim has been destroyed...

Contributing to a lively debate concerning how to design auditor incentives to optimize financial statement auditing, this Article presents the more ambitious financial statement insurance alternative. This approach breaks from the existing securities regulation framework to draw directly on insurance markets and insurance law. The author prescribes a framework to permit companies, on an...

For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The reform upsurge of the 1960s and 1970s led many to argue that courts are not merely forums to settle private disputes, but can also be...

The Supreme Court held in Grutter v. Bollinger that the attainment of a diverse student body could justify the use of race in admissions decisions in higher education. This decision did not, however, address whether student body diversity could justify race-conscious student assignment policies at the public primary and secondary school level. Several circuit courts dodged this issue prior to...

Police misconduct is a sadly recurring phenomenon in the United States, frequently commented upon by mass media, legislators, the courts, and legal scholars. Incremental steps have been taken to remedy persistent police misconduct, most notably and recently by Congress' passage of 42 U.S.C. § 14141. Section 14141 grants the Department of Justice (DOJ) the authority to pursue relief against law...