Vol. LIII No. 3

Made in the U.S.A.: Corporate Responsibility and Collective Identity in the American Automotive Industry

Abstract: This Article challenges the corporate-constructed image of American business and industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and doctrinal corporate law, this Article examines the ways that social and legal actors understand what it means for a corporation or its products to […]

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Wills for Everyone: Helping Individuals Opt Out of Intestacy

Abstract: Testamentary freedom, the guiding principle of American inheritance law, grants individuals broad power to control the disposition of property at death. Most individuals, however, allow testamentary freedom to lapse because they never execute a will. Empirical research reveals that most Americans need and want a will because they cannot identify their intestate heirs, but nevertheless […]

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Habeas After Pinholster

Abstract: Until April 2011, every federal habeas court in America could conduct hearings and consider new evidence when reviewing a state court’s interpretation of federal law under the Antiterrorism and Effective Death Penalty Act (AEDPA). When state proceedings did not allow a petitioner a fair chance to develop the factual record, federal courts could, and sometimes […]

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The Unambiguous Supremacy Clause

Abstract: The U.S. Supreme Court’s Supremacy Clause jurisprudence has reached a confusing junction. The Court recently declined to say whether the Supremacy Clause confers a cause of action for federal court litigants. As a result, lower courts and litigants are caught between conflicting doctrines: one that suggests and one that denies that the Supremacy Clause […]

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Deciphering the Supremacy of Federal Funding Conditions: Why State Open Records Laws Must Yield to FERPA

Abstract: The Family Educational Rights and Privacy Act (FERPA) requires that universities receiving federal funds through the U.S. Department of Education maintain baseline student privacy protections. Simultaneously, state open records laws require public universities, as state actors, to disclose certain types of information upon a request from the public. When both statutes apply to requested information, […]

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The Role of Economics in the Discourse on Rluipa and Nondiscrimination in Religious Land Use

Abstract: In the context of land use, the Religious Land Use and Institutionalized Persons Act (RLUIPA) allows religious institutions to challenge land-use decisions that unfairly discriminate against religious land use. Of the various mechanisms in the statute that provide relief, the substantial burden and equal terms provisions have created confusion in the courts and controversy among […]

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All the World Wide Web Is a Stage: Free Speech, Expressive Association, and the Right to Choose Your Audience

Abstract: To determine whether punishing the disclosure of illegally obtained information violates the First Amendment’s guarantee of freedom of speech, the Supreme Court currently applies a public concern test. Previously, the primary example of this conflict was the use of state or federal wiretapping statutes to punish television journalists broadcasting wiretapped conversations. Today, the same statutes […]

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