Recent Articles

Politics, Copyright and the First-Amendment Commons

February 22, 2012 03:07

On the eve of the Republican primary in Florida, the Romney campaign started running a new television ad called “History Lesson.” Romney was coming off Newt Gingrich’s double-digit win in South Carolina and the momentum in the campaign for the...On the eve of the Republican primary in Florida, the...

Video: Law School Faculty on United States v. Jones

January 23, 2012 19:32

Today the Supreme Court handed down a decision in United States v. Jones which held that attaching a GPS device to a vehicle and then using the device to monitor the vehicle’s movements constitutes a search under the Fourth Amendment....Today the Supreme Court handed down a decision in United...

Remembering Judge Terence Evans

August 12, 2011 04:48

One Sunday morning in the fall of my third year of law school, Judge Terence Evans called to offer me a clerkship in his chambers for the following year. A judge on the 7th Circuit U.S. Court of Appeals, Evans...  One Sunday morning in the fall of my third year of law school, Judge Terence Evans...

The 14th Amendment Meets the Bankruptcy Code

July 29, 2011 21:45

The danger of blogging—especially late on Friday in the Summer—is that it is too easy to jump in on issues that you haven’t considered fully, but I guess that is one of its joys as well. As an outsider to...The danger of blogging—especially late on Friday in the Summer—is that it is too easy to...

Is FICO-Scoring Patients Therapeutic?

July 13, 2011 22:05

The Fair Isaac Corporation recently announced the launch of FICO Medication Adherence Scores. FICO scores, which are famous for predicting whether an individual will become delinquent on a home or car loan, for the first time will be used to...The Fair Isaac Corporation recently announced the...

Obama and same-sex marriage: the lawyerly straddle continues

June 24, 2011 20:05

President Obama's remarks last night to a gay/lesbian fundraising event must have disappointed his supporters who have grown tired of straddling and rhetorical games on the subject of marriage equality from someone who once called himself a "fierce advocate" for...President Obama's remarks last...

The Rage Over Conditional Scholarships

May 16, 2011 20:32

The law school world has been abuzz since an article in the Sunday NY Times, two weeks ago, exposed the practice of recruiting new law students with financial aid, but conditioning the continuation of scholarships on good grades. Students were...The law school world has been abuzz since an article...

Student Blogger - What Are You Hiding in that Statute?: Canvassing Federal Privacy Law

May 04, 2011 14:32

We live in an age of information, and it’s old hat by now to bemoan our inability to control the ebb and flow of the information formerly known as “private.” Sensing the dissatisfaction of the voting public and perhaps an...We live in an age of information, and it’s old hat by now to bemoan our...

Student Blogger - Let's Work Together: Coordination Among Government Agencies

May 02, 2011 15:21

It’s no great secret that there are a lot of administrative agencies. A dauntingly large alphabet soup of government agencies regulates many industries, and these agencies often receive overlapping delegations of authority from Congress. As President Obama wryly pointed out...It’s no great secret...

Paul Clement, DOMA, and the role of lawyers for unpopular causes

April 27, 2011 16:00

Paul Clement is universally regarded as one of the nation's smartest, most experienced, and most effective Supreme Court and appellate lawyers. He catapulted into the first tier of that group through his service from 2005-08 as Solicitor General in the...Paul Clement is universally regarded as one...