Volume 125 Issue 8
The Undead Constitution
A review of two recent books on living constitutionalism
Developments in the Law
Developments in the Law – Presidential Authority
United States v. Leal-Felix
Ninth Circuit Holds that Traffic Citation Is Not an "Intervening Arrest" Under Section 4A1.2(A)(2) of the Guidelines.
Ultramercial, LLC v. Hulu, LLC
Federal Circuit Applies New Factors in Deciding Patentability of a Computer Program.
United States v. Chung
Ninth Circuit Upholds First Trial Conviction Under § 1831 of the Economic Espionage Act of 1996.
Hill v. Humphrey
Eleventh Circuit Rejects Challenge to Georgia's "Beyond a Reasonable Doubt" Standard for Defendants' Mental Retardation Claims.
Latif v. Obama
D.C. Circuit Holds that Government Intelligence Reports Are Entitled to a Presumption of Regularity.
Flynn v. Holder
Ninth Circuit Holds that Compensation for Blood Stem Cell Transplant Procedure Does Not Violate the National Organ Transplant Act.
Legitimacy, “Constitutional Patriotism,” and the Common Law Constitution
Responding to Michael Dorf, The Undead Constitution, 125 Harv. L. Rev. 2011 (2012)
Forecasting the Flashpoints
Responding to Nicholas A. Stephanopoulos, Spatial Diversity, 125 Harv. L. Rev. 1903 (2012)