The anticircumvention provisions of the Digital Millennium Copyright Act penalize both the circumvention of technical protection measures, and supplying the means for such circumvention. These prohibitions are entirely separate from the exclusive...
Lawmaking by direct democracy, whereby the public votes directly on initiatives and referenda, is an increasingly popular and frequent feature of American politics. But critics of direct democracy point out that voters do not know basic facts about...
This Article questions the widely held view that the fiduciary duties that corporate directors ordinarily owe to or for the benefit of shareholders should "shift" to creditors when the corporation is in financial distress. This view suffers from two...
Claims for government compensation due to regulatory takings usually hinge on the reasonable investment-backed expectations of the claimant. The 2001 U.S. Supreme Court decision Palazzolo v. Rhode Island eliminated notice of existing regulations as...
Courts have recognized two primary, oft-conflicting interests in teacher speech cases: (1) a societal interest in exposing students to a robust exchange of ideas, usually promoted by protecting teachers' academic freedom, and (2) a broad and...
Under current law, the Eleventh Amendment exemplifies, rather than fully expresses, a principle of immunity that shields unconsenting states from suit in federal court, although this immunity is functionally constrained to a degree by a limited...