Northwestern University Law Review

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

Articles from Vol. 100, No. 3, Spring

A Constitutional Hierarchy of Religions? Justice Scalia, the Ten Commandments, and the Future of the Establishment Clause
INTRODUCTION.................... 1097I. THE MEANING OF JUSTICE SCALIA'S DISSENT: CONSTITUTIONALLY PREFERRED RELIGIONS.................... 1103II. CRITIQUING JUSTICE SCALIA'S APPROACH .................... 1111A. Inclusiveness?.................... 1117B....
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After Public Interest Law
AFTER PUBLIC INTEREST LAWSUBURBAN SWEATSHOPS: THE FIGHT FOR IMMIGRANT RIGHTS by Jennifer Gordon, Belknap Press of Harvard University Press (Cambridge, Mass. 2005).INTRODUCTIONIt has been over three decades since the emergence of "public interest law"...
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Calling a Lemon a Lemon: Regulating Electronic Gambling Machines to Contain Pathological Gambling
PROLOGUEWith a gun in her purse, sixty-one-year-old Loretta Herrera Martinez entered the Camel Rock Casino in New Mexico on April 21, 1997.' She approached one of the casino's cashiers, who, when Mrs. Martinez opened her purse to withdraw a note she...
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Efficient Trespass: The Case for "Bad Faith" Adverse Possession
INTRODUCTION....................1037I. MENTALSTATESANDMORALITY....................1046A. Mental States in Adverse Possession Law....................1046B. Expanding the Taxonomy....................1049C. mat's So Bad About "Bad Faith"?....................1053II....
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Invoking the Penalty: How Florida's Felon Disenfranchisement Law Violates the Constitutional Requirement of Population Equality in Congressional Representation, and What to Do about It
I. INTRODUCTIONWho should be allowed to vote?Viewed through a certain lens, American history has supplied a series of answers to this question, each sweeping more broadly than the last.1 On this view, our trajectory has largely borne out Tocqueville's...
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Redundant Tax and Spending Programs
INTRODUCTION.................... 1197I. DECISIONMAKING IN THE CONTEXT OF TAX AND SPENDING PROGRAMS: ANOVERVIEW.................... 1204A. Parallel Structures Lead to-Programmatic Redundancy and Overlap.................... 1204B. Arguments for Reform:...
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The Red Menace, Revisited
THE RED MENACE, REVISITED THE LOGIC OF PERSECUTION: FREE EXPRESSION AND THE MCCARTHY ERA by Martin H. Redish, Stanford University Press (Stanford, Ca. 2005).David E. Bernstein*INTRODUCTIONProfessor Martin Redish, a distinguished scholar of freedom of...
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Tiresias and the Justices: Using Information Markets to Predict Supreme Court Decisions
"The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law."-Oliver Wendell Holmes'I. INTRODUCTION TO INFORMATION MARKETS ....................1143A. Harnessing Group Knowledge: The Information Market.......................
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West Virginia's Painful Settlement: How the Oxycontin Phenomenon and Unconventional Theories of Tort Liability May Make Pharmaceutical Companies Liable for Black Markets
I. INTRODUCTIONSince the discovery of a veritable goldmine in the now-notorious waves of tobacco and asbestos litigation, many plaintiffs' attorneys have been searching relentlessly for the "next big thing"1 in products liability litigation: a new source...
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Why the September 11th Victim Compensation Fund Proves the Case for a New Zealand-Style Comprehensive Social Insurance Plan in the United States
"Tort law frequently resembles a Rubik's cube. With each attempt to align one aspect of the puzzle, the effort distorts another."1I. INTRODUCTIONAlthough American tort law has been modified and reformed numerous times throughout its history as part of...
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