Northwestern University Law Review

Scholarly journal that features legal commentary, emerging developments, topic analysis, and controversial issue debate.

Articles from Vol. 101, No. 4, Fall

Grandfathering and Environmental Regulation: The Law and Economics of New Source Review
INTRODUCTIONHow should the law introduce a new, more stringent regulation that governs behavior that predates it? Should the law afford relief to actors that have been engaging in the behavior since before the new regulation's enactment? If so, in what...
Ideological Drift among Supreme Court Justices: Who, When, and How Important?
I. INTRODUCTIONWhen the U.S. Supreme Court invalidated the use of military commissions for enemy combatants in Hamdan v. Rumsfeld? the decision fueled more than a national debate over the powers of the President. It also generated commentary about the...
Is Affirmative Action Responsible for the Achievement Gap between Black and White Law Students?
In Grutter v. Bollinger, the Supreme Court upheld some affirmative action programs in legal education as constitutional.1 The wisdom of affirmative action as a policy decision, however, remains highly contested.2 The challenge is to determine how affirmative...
IS POST-KELO EMINENT DOMAIN REFORM BAD FOR THE POOR?[dagger]
IntroductionIn a recent essay in the Northwestern University Law Review,1 Professor David Dana argues that most post-Kelo reform efforts are seriously flawed because they tend to forbid the condemnation of the property of the wealthy and the middle class...
JUSTICES WHO CHANGE: A RESPONSE TO EPSTEIN ET AL.[dagger]
JUSTICES WHO CHANGE: A RESPONSE TO EPSTEIN ET AL.[dagger]The growing recognition by political scientists and law professors that Supreme Court Justices can and do change while on the bench is a breath of fresh air on a subject that for much too long...
ORIGINALISM AND SUPERMAJORITARIANISM: DEFENDING THE NEXUS[dagger]
INTRODUCTIONDespite their ubiquity in the law, supermajority rules are little discussed and hugely undertheorized.1 We are thus grateful for Professor Leib's response to our essay2 because it allows us to expand upon the subject. But if Professor Leib,...
Paying Ceos in Bankruptcy: Executive Compensation When Agency Costs Are Low
I. INTRODUCTIONThe ongoing and increasingly vociferous debate about executive compensation boils down to a simple question: whether current compensation practices are a solution to the agency problem created by the separation of ownership and control...
Rethinking Patent Law's Uniformity Principle
INTRODUCTIONUniformity has enjoyed veritable talismanic status in our legal system, something "thought to be virtuous in almost every area of the law."1 Patent law is no exception.2 Indeed, of all of the animating forces behind the creation of the Court...
Rethinking Patent Law's Uniformity Principle: A Response to Nard and Duffy
INTRODUCTIONIn their challenging and extensively researched study, Professors Craig Allen Nard and John F. Duffy argue that Congress's decision in 1982 to give to the Court of Appeals for the Federal Circuit exclusive jurisdiction over patent litigation...
Substantial Similarity and Architectural Works: Filtering out "Total Concept and Feel"
I. INTRODUCTIONThe appropriate scope of copyright protection for architectural works in the United States has long been a difficult and blurred issue.1 While the enactment of the Architectural Works Copyright Protection Act (AWCPA) in 1990 partially...
THE USE AND LIMITS OF MARTIN-QUINN SCORES TO ASSESS SUPREME COURT JUSTICES, WITH SPECIAL ATTENTION TO THE PROBLEM OF IDEOLOGICAL DRIFT[dagger]
In their new article, Lee Epstein, Jeffrey Segal, Andrew Martin, and Kevin Quinn investigate changes in behavior by Supreme Court Justices.1 They conclude that the policy preferences of most Justices change during their careers, and suggest that this...
UNCOVERING COVERINGpartnersh
COVERING: THE HIDDEN ASSAULT ON OUR CIVIL RIGHTS by Kenji Yoshino (Random House, New York 2006)I. INTRODUCTIONI can clearly recall the first time I read Kenji Yoshino's article entitled Covering in the Yale Law Journal.1 It was as if a light bulb was...
WHY SUPERMAJORITARIANISM DOES NOT ILLUMINATE THE INTERPRETIVE DEBATE BETWEEN ORIGINALISTS AND NON-ORIGINALISTS[dagger]
IntroductionJohn McGinnis and Michael Rappaport have done much over the last decade to draw our attention to supermajoritarian rules in our constitutional and political culture and to explain their desirability on a number of registers.1 The lessons...