Volume 39
ISSUE 1
Anti-Canonical Considerations
Edward J. Larson
A Fatal Loss of Balance: Dred Scott Revisited
Daniel A. Farber
Coming to Terms with Dred Scott: A Response to Daniel A. Farber
Paul Finkelman
Plessy v. Ferguson and the Anti-Canon
Akhil Reed Amar
A Reluctant Apology for Plessy: A Response to Akhil Amar
Barry P. McDonald
Buck v. Bell: A Constitutional Tragedy from a Lost World
Victoria Nourse
Putting Buck v. Bell in Scientific and Historical Context: A Response to Victoria Nourse
Edward J. Larson
Wrong, Out of Step, and Pernicious: Erie as the Worst Decision of All Time
Suzanna Sherry
Korematsu v. United States: A Tragedy Hopefully Never to Be Repeated
Erwin Chemerinsky
Explaining Korematsu: A Response to Dean Chemerinsky
Robert J. Pushaw, Jr.
Determining Notoriety in Supreme Court Decisions
G. Edward White
ISSUE 2
CyberInfants
Cheryl B. Preston
Access to Consumer Remedies in the Squeaky Wheel System
Amy J. Schmitz
Liable for Your Lies: Misrepresentation Law as a Mechanism for Regulating Behavior
on Social Networking Sites
Geelan Fahimy
Seeking Asylum for Former Child Soldiers and Victims of Human Trafficking
Tina Javaherian
Testing the Borders: The Boundaries of State and Local Power to Regulate Illegal Immigration
Brittney M. Lane
ISSUE 3
Experience-Based Opinion Testimony: Strengthening the Lay Opinion Rule
Anne Bowen Poulin
“Offsetting” Crisis?—Climate Change Cap-and-Trade Need Not Contribute to Another Financial
Meltdown
Victor B. Flatt
Overreach on the High Seas?: Whether Federal Maritime Law Preempts California’s Vessel
Fuel Rules
Bradley D. Easterbrooks
Short Circuiting the Justice System: How Defendants Are Misusing Writs of Execution
Kristopher Wood
ISSUE 4
Reforming Lawyers into Irrelevance?: Reconciling Crisis and Constraint at the Office
of Legal Counsel
Peter Margulies
Can Wrongful Death Damages Recovered by a Married Person Be Separate Property Under
California Law?
William A. Reppy, Jr
The Disappearing Schoolhouse Gate: Applying Tinker in the Internet Age
John T. Ceglia
Scholastic Steroids: Is Generation Rx Cognitively Cheating?
Kelline R. Linton
Mr. Justice Brandeis and the Art of Judicial Dissent
Melvin I. Urofsky
SPECIAL ISSUE
Symposium Introduction: The Competing Claims of Law and Religion: Who Should Influence
Whom?
Robert F. Cochran Jr. & Michael A. Helfand
Law, Religion, and the Common Good
James Davison Hunter
Faithful Presence and Theological Jurisprudence: A Response to James Davison Hunter
Zachary R. Calo
The Mighty Work of Making Nations Happy: A Response to James Davison Hunter
Patrick McKinley Brennan
And I Don’t Care What It Is: Religious Neutrality in American Law
Andrew Koppelman
Can We Please Stop Talking About Neutrality? Koppelman Between Scalia and Rawls
Chad Flanders
Neutrality and the Good of Religious Freedom: An Appreciative Response to Professor
Koppelman
Richard W. Garnett
The Priority of God: A Theory of Religious Liberty
Michael Stokes Paulsen
The Priority of Law: A Response to Michael Stokes Paulsen
Eugene Volokh
Complementary, Not Competing, Claims of Law and Religion: An Islamic Perspective
Abdullahi A. An-Na'im
The Endorsement Test Is Alive and Well: A Cause for Celebration and Sorrow
Mark Strasser
Blame It on Catholic Bishop: The Question of NLRB Jurisdiction over Religious Colleges and Universities
Susan J. Stabile
Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic
Cartels
Barak D. Richman
To Teach and Persuade
Sherman J. Clark
Theism, Naturalism, and Liberalism: John Stuart Mill and the “Final Inexplicability”
of the Self
John Lawrence Hill