Volume 122 Issue 3
January 2009
Article
Book Review
Beyond Sovereignty and Uniformity: The Challenges for Equal Citizenship in the Twenty-First Century
A review of several recent books on immigration law and citizenship
Notes
Touch and Concern, the Restatement (Third) of Property: Servitudes, and a Proposal.
The Eighth Amendment, Proportionality, and the Changing Meaning of “Punishments”
Recent Cases
Sierra Club v. EPA
D.C. Circuit Holds that EPA Cannot Prevent State and Local Authorities from Supplementing Inadequate Emissions Monitoring Requirements in the Absence of EPA Regulation.
United States v. Luisi
Federal Court Dismisses Juror Refusing To Apply Law As Instructed.
Bi-Economy Market, Inc. v. Harleysville Insurance Co.
New York Court of Appeals Holds that Insurers May Be Liable for Consequential Damages.
Baude v. Heath
Seventh Circuit Holds that State Law Disproportionately Burdening Out-of-State Businesses Has Only Incidental Effects on Interstate Commerce.
Boschetto v. Hansing
Ninth Circuit Holds that Single Sale on eBay Does Not Provide Sufficient Minimum Contacts with Buyer's State.
United States v. Hudspeth
Eighth Circuit Holds that a Cotenant's Consent at the Time of the Search Can Overrule a Suspect's Recent Objection.
Lewis v. Lewis
Colorado Supreme Court Holds Defendants Liable for Full Profits from the Sale of a Home by Applying Unjust Enrichment Theory to an Informal Agreement Between Close Relatives.
Recent Legislation
Genetic Information Nondiscrimination Act of 2008
Congress Restricts Use of Genetic Information by Insurers and Employers.
Recent Publication
Recent Publications
Forum
The Perils of the Fight Against Cognitive Illiberalism
Responding to Dan M. Kahan, David A. Hoffman, and Donald Braman, Whose Eyes Are You Going To Believe? Scott v. Harris and the Perils of Cognitive Illiberalism, 122 Harv. L. Rev. 837 (2009).