Conventional accounts of federalism and administrative law generally assume that the federal government is highly centralized in Washington, D.C. Judges, politicians, and academic commentators often speak of “bureaucrats in Washington,” and they...
A bedrock principle of patent law—patent exhaustion—proclaims that an authorized sale of a patented article exhausts the patentee’s rights with respect to the article sold. Over one hundred and fifty years of case law, however, has produced two...
Since 1996, the Defense of Marriage Act (DOMA) defined marriage for federal purposes as the union between a man and a woman. As same-sex marriage became legal across the United States, DOMA created a situation in which same-sex married couples could...
Congress will not enact meaningful campaign finance reform. Under the nation’s current legislative, regulatory, and judicial regimes, remedies to the problem of money in politics appear unattainable. This Comment provides an entirely novel approach...
In this episode, we introduce ourselves and explain what we hope to accomplish through Dialectic.
An essay reviewing the inaugural Justice Antonin Scalia Lecture, titled “Interpreting the Unwritten Constitution,” presented at Harvard Law School by Judge Frank H. Easterbrook on November 14, 2014.