Category: Issue 6

Note

Don’t Take Me Out to That Ballpark: State Action, Government Speech, and Chief Wahoo After Matal

Robert H. Hendricks

Close your eyes and imagine yourself driving to a concert. On the way, you pass a car bearing a license plate with the image of a Confederate flag. You pause, and ask . . . Did the state approve that license plate? Does the state endorse the use of the Confederate flag? You keep driving….

Sep 2018

Note

A Jury of Your [Redacted]: The Rise and Implications of Anonymous Juries

Leonardo Mangat

Since their relatively recent beginnings in 1977, anony- mous juries have been used across a litany of cases: organ- ized crime, terrorism, murder, sports scandals, police killings, and even political corruption. And their use is on the rise. An anonymous jury is a type of jury that a court may empanel in a criminal trial;…

Sep 2018

Article

Preferencing Educational Choice: The Constitutional Limits

Derek W. Black

Rapidly expanding charter and voucher programs are es­ tablishing a new education paradigm in which access to tradi­ tional public schools is no longer guaranteed. In some areas, charter and voucher programs are on a trqjectory to phase out traditional public schools altogether. This Article argues that this trend and its effects violate the constitutional…

Sep 2018

Article

Justiciability, Federalism, and the Administrative State

Zachary D. Clopton

Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a…

Sep 2018

Article

The End of Bargaining in the Digital Age

Saul Levmore & Frank Fagan

Bargaining is a fundamental characteristic of many markets and legal disputes, but it can be a source of inefficiency. Buyers often waste resources by searching for information about past prices, where a seller already holds that information. A second—and novel—source of social loss is that some buyers will avoid otherwise beneficial bargains and sellers with…

Sep 2018

Article

Too Big to Supervise: The Rise of Financial Conglomerates and the Decline of Discretionary Oversight in Banking

Lev Menand

The authority of government officials to define and elimi- nate “unsafe and unsound” banking practices is one of the oldest and broadest powers in U.S. banking law. But this authority has been neglected in the recent literature, in part because of a movement in the 1990s to convert many supervisory judgments about “safety and soundness”…

Sep 2018