Volume 124 Issue 8
June 2011
Tribute
William J. Stuntz
Articles
The Host’s Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods
Separation of Powers as Ordinary Interpretation
Notes
Interpreting Silence: The Roles of the Courts and the Executive Branch in Head of State Immunity Cases
Advisory Opinions and the Influence of the Supreme Court over American Policymaking
Recent Cases
Kelly v. Borough of Carlisle
Third Circuit Holds that Police Officer's Good Faith Reliance on Legal Advice Creates a Presumption of Reasonableness.
United States v. Ortiz
Second Circuit Holds that Imposing Below-Guidelines Sentence Using Retroactive Guidelines Range Increase Does Not Violate Ex Post Facto Clause.
In re Grand Jury Subpoenas (White & Case LLP)
Ninth Circuit Holds that Grand Jury Can Subpoena Protected Foreign Documents.
Evans-Marshall v. Board of Education
Sixth Circuit Holds that Primary and Secondary School Teachers' Curricular Decisions Are Not Entitled to Free Speech Protection.
United States v. Grant
Sixth Circuit Holds that Federal Judges May Not Consider ยง 3553(a) Factors in Rule 35(b) Hearings.
Recent Legislation
Dodd-Frank Act
Dodd-Frank Act Creates the Consumer Financial Protection Bureau.
Recent Publication
Recent Publications
Forum
Optimal Specificity in the Law of Separation of Powers: The Numerous Clauses Principle
Responding to John F. Manning, Separation of Powers as Ordinary Interpretation, 124 Harv. L. Rev. 1939 (2011)
A Softer Formalism
Responding to John F. Manning, Separation of Powers as Ordinary Interpretation, 124 Harv. L. Rev. 1939 (2011)