Northwestern University Law Review

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

Articles from Vol. 93, No. 3, Spring

Back to the Future? How the Bill of Rights Might Be about Structure after All
THE BILL OF RIGHTS: CREATION AND RECONSTRUCTION. By Akhil Reed Amar. Yale University Press, 1998. Dust-jacket blurbs proclaiming that a book is the best ever written on some subject usually deserve considerable skepticism. However, Professor Akhil Amar's...
December Madness: The Seventh Circuit's Creation of Dual Use in Illinois High School Association V. GTE Vantage
I. INTRODUCTION In December of 1996, the Seventh U.S. Circuit Court of Appeals addressed an issue of first impression in Illinois High School Assn v. GTE Vantage.1 In a unanimous opinion written by Chief Judge Richard Posner, a three judge panel of the...
Downsizing the Right to Petition
The First Amendment provides that "Congress shall make no law ... abridging . the right of the people ... to petition the Government for a redress of grievances."1 Unlike the First Amendment's speech, press, and religion clauses, this "Petitions Clause"...
Information, Institutions, and Extortion in Japan and the United States: Making Sense of Sokaiya Racketeers
INTRODUCTION How do legal, regulatory, and organizational systems affect the emergence and development of corporate extortion? The question arises whether the extortionist is a potential plaintiff seeking settlement, a labor union threatening to strike,...
Judicial Kidnapping, Then and Now: The Case of Edgardo Mortara
THE KIDNAPPING of EDGARDO MORTARA. By David I. Kertzer. New York, New York: Alfred A. Knopf, 1997. Pp. 350. I. On the evening of June 23, 1858, an officer of the Papal police knocked urgently on the door of Signor Momolo Mortara, a Jewish merchant living...
Licensing: Permission Slips in Corporate and Fourth Amendment Law
I. INTRODUCTION This Article suggests the beginning of a general theory of licensing systems. I use the word license to refer to legally meaningful approval offered or required relatively early in a system of social control or private agreement. The...
Reconciling Textualism and Federalism: The Proper Textual Basis of Teh Supreme Court's Tenth and Eleventh Amendment Decisions
INTRODUCTION In recent years, one of the most important developments in constitutional law has been the resurgence of federalism. In several cases, the Supreme Court has held that federal laws violate principles of federalism embodied in the Constitution.1...
The Future as History: The Prospects for Global Convergence in Corporate Governance and Its Implications
What forces explain corporate structure and shareholder behavior? For decades this question has gone unasked, as both corporate law scholars and practitioners tacitly accepted the answer given in 1932 by Adolf Berle and Gardiner Means that the separation...
The Myth of the Nullifying Jury
I. INTRODUCTION The jury is an institution under threat, and the form that the threat has taken most recently is an attack on jury nullification. Members of the press, judiciary, and academia have criticized jurors for not following the law as it has...