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Jurisprudence

Jurisprudence Leading Case

Maine Community Health Options v. United States

Vol. 134 No. 1 November 2020 The Patient Protection and Affordable Care Act (ACA), enacted in 2010, contained a number of provisions meant to encourage health insurers to provide services...
Property Notes

Accession on the Frontiers of Property

Vol. 133 No. 7 May 2020 I’m a skilled painter who recently survived a debilitating accident. Now incapacitated, I’ve become depressed because I’ll never paint again. You, a good friend,...
First Amendment Articles

Free Speech and Justified True Belief

Vol. 133 No. 2 December 2019 Law often prioritizes justified true beliefs. Evidence, even if probative and correct, must have a proper foundation. Expert witness testimony must be the product...
  • Joseph Blocher
Private Law Articles

Pseudo-Contract and Shared Meaning Analysis

Vol. 132 No. 4 February 2019 Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. Recent attempts to...
  • Margaret Jane Radin
  • Robin Bradley Kar
Jurisprudence Articles

On the Design of Legal Rules: Balancing Versus Structured Decision Procedures

Vol. 132 No. 3 January 2019 Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make some demonstration of harm;...
  • Louis Kaplow
Constitutional Law Foreword

Rights as Trumps?

Vol. 132 No. 1 November 2018 Rights are more than mere interests, but they are not absolute. And so two competing frames have emerged for adjudicating conflicts over rights. Under...
  • Jamal Greene
Fourth Amendment Case Comment

The Carpenter Chronicle: A Near-Perfect Surveillance

Vol. 132 No. 1 November 2018 On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration...
First Amendment Case Comment

The Etiquette of Animus

Vol. 132 No. 1 November 2018 There is a difference between deciding how to talk about a problem and sorting out the principles for resolving it. In Masterpiece Cakeshop, Ltd....
  • Leslie Kendrick
  • Micah Schwartzman
Campaign Finance Notes

Of Ballot Boxes and Bank Accounts: Rationalizing the Jurisprudence of Political Participation and Democratic Integrity

Vol. 131 No. 5 March 2018 Participation in the political process comes in many forms. A few people run for office. An even smaller number spend more money than most...
Federal Courts Articles

Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals

Vol. 131 No. 5 March 2018 This Article reports the results of a survey of a diverse group of forty-two federal appellate judges concerning their approaches to statutory interpretation. The...
  • Richard A. Posner
  • Abbe R. Gluck
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