Northwestern University Law Review

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

Articles from Vol. 93, No. 4, Summer

Afterword: Property and Free Speech
I. INTRODUCTION Property, as first-year law students learn, is like a "bundle of sticks," composed of various powers, rights, and immunities. Among those sticks is the capacity to use property for communicative purposes-either directly, as when we post...
First Amendment Entitlements and Government Motives: A Reply to Professor Merrill
Professor Merrill makes a powerful argument for allowing tobacco advertising to be restricted or prohibited.1 He convincingly demonstrates that, on the most plausible assumptions, tobacco advertising inflicts substantial costs and does not confer benefits...
Speakable Ethics, Natural Law
SPEAKABLE ETHICS, NATURAL LAW THE STRUCTURE OF LIBERTY: JUSTICE AND THE RULE OF LAW. By Randy E. Barnett. Clarendon Press, 1998. The central problem of the twentieth century has been this: that no matter where political power has been invested, it has...
The Right of Expressive Access in First Amendment Theory: Redistributive Values and the Democratic Dilemma
INTRODUCTION Over the years, it has not been uncommon for scholars or jurists to analogize the right of free expression to a marketplace in which contrasting ideas compete for acceptance among a consuming public.1 Many have questioned whether the analogy...
Tying, Essential Facilities, and Network Externalities: A Comment on Piraino
Thomas Piraino's article in the Fall 1998 issue of this journal argues that antitrust litigants and regulators ought to apply essential facilities doctrine, rather than tying claims, to problems of monopoly leveraging in certain network industries.1...
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