When the U.S. Supreme Court, in Lawrence v. Texas, struck down a law criminalizing homosexual sodomy, its decision was seen by the press and other political observers as a major contribution to American public life. The Court’s opinion also caught...
The U.S. Supreme Court’s indirect copyright liability standard, derived in Sony Corp. of America v. Universal City Studios, Inc. from patent law and reasserted in Metro-Goldwyn- Mayer Studios Inc. v. Grokster, Ltd., is widely seen as creating a safe...
In recent years, article 10(a) of the Hague Service Convention, which allows for the sending of judicial and extrajudicial documents abroad by postal channels, has proven difficult to apply in the face of commercial and techno¬logical change. The...
Only five years ago, same-sex marriage was not legal anywhere in the United States. That changed in November 2003, when the Supreme Judicial Court of Massachusetts held in Goodridge v. Department of Health that the state may not deny the...
Despite its substantial theoretical flaws, dual federalism—the model of American federalism according to which the field of federal regulation is separated from the field of state regulation in a mutually exclusive (or close thereto)...
Although the U.S. Supreme Court has held that the same strict scrutiny standard applies to both state and federal affirmative action, federal courts often appear to apply a more deferential form of strict scrutiny to the federal government’s use of...