Message to Congress: Halt the Tax Exemption for Perpetual Trusts

The federal estate tax is in abeyance this year.[1] The popular press has picked up on the [...]

Citizens United and the Threat to the Regulatory State

Introduction
Although Citizens
United[1] has been roundly criticized for its potential effect [...]



Kids Are Different

The Supreme Court recently handed down its decision in Graham
v. Florida.[1] The case involved [...]

Establishing a “Due Care” Standard Under the Lacey Act Amendments of 2008

Introduction
The Lacey Act was first enacted in 1900 as a narrow
measure for domestic bird [...]

The Case for Semi-Strong-Form Corporate Scienter in Securities Fraud Actions

Introduction
To establish liability under § 10(b) and Rule 10b-5,
a plaintiff must [...]



Redemption Song: Graham v. Florida and the Evolving Eighth Amendment Jurisprudence

Introduction
In Graham v. Florida,[1] the Supreme Court held that the Eighth Amendment [...]

Freedom and Equality on the Installment Plan

A response to Nelson Tebbe & Robert L. Tsai, Constitutional Borrowing, 108 Mich. L. Rev. [...]

The Overlooked Significance of Arizona’s New Immigration Law

Immigration has once again become the subject of widespread
interest and public debate. This [...]

Welcoming Women: Recent Changes in U.S. Asylum Law

Introduction
The Statue of Liberty, which has been called the “Mother
of Exiles,” stands as a [...]

Insufficient Activity and Tort Liability: A Rejoinder

A response to Kenneth S. Abraham, Response, Insufficient Analysis of [...]