Volume 122 Issue 8

Federalism and the Generality Problem in Constitutional Interpretation

• John F. Manning

The Conservative Insurgency and Presidential Power: A Developmental Perspective on the Unitary Executive

• Stephen Skowronek

Preferences, Laws, and Default Rules

Debating whether courts can and should use current enactable preferences as default rules

• Elizabeth Garrett

Strict Scrutiny in the Middle Forum

The Mysteries of the Congressional Review Act

On Enforcing Viral Terms

Child Pornography, the Internet, and the Challenge of Updating Statutory Terms

Media Incentives and National Security Secrets

Bryant v. Gates

D.C. Circuit Upholds Access Restrictions to Military-Run Newspapers on Forum Analysis Grounds.

Hersh v. United States ex rel. Mukasey

Fifth Circuit Applies Doctrine of Constitutional Avoidance to Uphold Attorney Speech Restrictions in Bankruptcy Code.

Free Enterprise Fund v. Public Co. Accounting Oversight Board

D.C. Circuit Holds that the SEC Chairman Is Not the "Head" of the SEC.

Metropolitan Taxicab Board of Trade v. City of New York

Southern District of New York Holds that New York City Hybrid Taxi Regulations Are Likely Preempted by the EPCA.