Forum & Responses
Volume 126 · May 2013 · Number 7
Response
Responding to Philip Alston, Does the Past Matter? On the Origins of Human Rights
Human Rights and History
By Jenny S. Martinez
Volume 126 · April 2013 · Number 6
Reaction
Judicial Review of Targeted Killings
By Jameel Jaffer
Essay
Regional Differences in Racial Polarization in the 2012 Presidential Election: Implications for the Constitutionality of Section 5 of the Voting Rights Act
By Stephen Ansolabehere, Nathaniel Persily & Charles Stewart III
Response
Responding to David A. Strauss, Not Unwritten, After All?
American Constitutionalism — Written, Unwritten, and Living
By Akhil Reed Amar
Volume 126 · March 2013 · Number 5
Reactions
Presidential Combat Against Climate Change
By Richard J. Lazarus
The President, Climate Change, and California
By Ann E. Carlson
Climate Change Action Without Congress
By Michael B. Gerrard
What "Design Copyright"?
By C. Scott Hemphill and Jeannie Suk
Planning Responses and Defining Attacks in Cyberspace
By Evan F. Kohlmann and Rodrigo Bijou
Cyberspace and International Law: The Penumbral Mist of Uncertainty
By Michael N. Schmitt
Cyberdeterrence
By Robert F. Turner
Responses
Responding to Louis Kaplow, Multistage Adjudication
The Effect of Settlement in Kaplow's Multistage Adjudication
By Abraham L. Wickelgren
Responding to Nicola Lacey, Humanizing the Criminal Justice Machine: Re-Animated Justice or Frankenstein's Monster?
Criminal (In)Justice and Democracy in America
By Stephanos Bibas
Volume 126 · February 2013 · Number 4
Reactions
Recess Appointments and Precautionary Constitutionalism
By Adrian Vermeule
Originalism v. Burkeanism: A Dialogue Over Recess
By Cass R. Sunstein
The Pre-Session Recess
By Peter Strauss
Essay
The Lawfulness of Section 5 — and Thus of Section 5
By Akhil Reed Amar
Responses
Responding to D. James Greiner, Cassandra Wolos Pattanayak, and Jonathan Hennessy, The Limits of Unbundled Legal Assistance: A Randomized Study in a Massachusetts District Court and Prospects for the Future
Passion, Caution, and Evolution: The Legal Aid Movement and Empirical Studies of Legal Assistance
By Steven Eppler-Epstein
Responding to Neal Kumar Katyal, Stochastic Constraint
A Reply to Professor Katyal
By Jack Goldsmith
Volume 126 · January 2013 · Number 3
Responses
Responding to D. Theodore Rave, Politicians as Fiduciaries
Translating Fiduciary Principles Into Public Law
By Ethan J. Leib, David L. Ponet & Michael Serota
Déjà Vu All Over Again: Courts, Corporate Law, and Election Law
By Heather K. Gerken and Michael S. Kang
Volume 126 · December 2012 · Number 2
Responses
Responding to Richard L. Hasen, Fixing Washington
A Reply to Professor Hasen
By Lawrence Lessig
Responding to Margaret H. Lemos, Aggregate Litigation Goes Public: Representative Suits by State Attorneys General
Goldilocks and the Class Action
By Deborah R. Hensler
Responding to Curtis A. Bradley and Trevor W. Morrison, Historical Gloss and the Separation of Powers
Historical Gloss: A Primer
By Alison L. LaCroix
Volume 126 · November 2012 · Number 1
Responses
Responding to Pamela S. Karlan, Democracy and Disdain
The Disdain Campaign
By Randy E. Barnett
The Constitution and Disdain
By Steven G. Calabresi
Volume 125 · June 2012 · Number 8
Responses
Responding to Nicholas O. Stephanopoulos, Spatial Diversity
Forecasting the Flashpoints
By Nicholas O. Stephanopoulos
Responding to Michael C. Dorf, The Undead Constitution
Legitimacy, "Constitutional Patriotism," and the Common Law Constitution
By David A. Strauss
Volume 125 · May 2012 · Number 7
Responses
Responding to Adam M. Samaha, Regulation for the Sake of Appearance
When Things Aren't
What They Seem: Context and Cognition in Appearance-Based Regulation
By Robert J. Sampson
The Varieties of Corruption and the Problem of Appearance: A Response to Professor Samaha
By Robert F. Bauer
Responding to Shyamkrishna Balganesh, The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying
Copyright Is Not About Copying
By Abraham Drassinower
Unifying Copyright: An Instrumentalist's Response to Shyamkrishna Balganesh
By Richard A. Epstein
Responding to Henry E. Smith, Property as the Law of Things
Exclusion and Private Law Theory: A Comment on Property as the Law of Things
By Eric R. Claeys
Property as Modularity
By Thomas W. Merrill
Responding to Stephen A. Smith, Duties, Liabilities, and Damages
Comments on Stephen Smith's Duties, Liabilities, and Damages
By Emily Sherwin
Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption
New Private Law Theory and Tort Law: A Comment
By Keith N. Hylton
Method and Morality in the New Private Law of Torts
By John Oberdiek
Volume 125 · March 2012 · Number 5
Reactions
A Marriage is a Marriage is a Marriage: The Limits of Perry v. Brown
By Robin West
Salvaging Perry
By Andrew Koppelman
Splitting the Difference: Reflections on Perry v. Brown
By Jane S. Schacter
Responses
Responding to James Q. Whitman, The Free Market and the Prison
On the American Paradox of Laissez Faire and Mass Incarceration
By Bernard E. Harcourt
Responding to Jody Freeman and Jim Rossi, Agency Coordination in Shared Regulatory Space
The More the Merrier: Multiple Agencies and the Future of Administrative Law Scholarship
By Eric Biber
Volume 125 · February 2012 · Number 4
Responses
Responding to Judge Guido Calabresi, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minow, Margaret Jane Radin, In Tribute: Frank I. Michelman
Provocation: Law's Republics
By Vlad Perju
Provocation: Frank's Way
By Robert Post
Provocation: Everyone is a Philospher!
By T.M. Scanlon
Provocation: The Comparative Turn: Accident, Coincidence, or Fate?
By Katharine G. Young
Volume 125 · January 2012 · Number 3
Response
Responding to Rebecca Tushnet, Worth a Thousand Words: The Images of Copyright
More Than a Thousand Words in Response to Rebecca Tushnet
By Christina Spiesel
Volume 125 · December 2011 · Number 2
Responses
Responding to Orin S. Kerr, An Equilibrium-Adjustment Theory of the Fourth Amendment
An Original Take on Originalism
By Christopher Slobogin
Defending Equilibrium-Adjustment
By Orin S. Kerr
Responding to Jamal Greene, The Anticanon
Hollow Hopes and Exaggerated Fears: The Canon/Anticanon in Context
By Mark A. Graber
Is Dred Scott Really the Worst Opinion of All Time? Why Prigg Is Worse Than Dred Scott (But Is Likely to Stay Out of the “Anticanon”)
By Sanford Levinson
Volume 125 · November 2011 · Number 1
Responses
Responding to Dan M. Kahan, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law
Democracy’s Distrust: Contested Values and the Decline of Expertise
By Suzanna Sherry
“I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication
By Mark Tushnet
Volume 124 · June 2011 · Number 8
Responses
Responding to John F. Manning, Separation of Powers as Ordinary Interpretation
A Softer Formalism
By Peter L. Strauss
Optimal Specificity in the Law of Separation of Powers: The Numerous Clauses Principle
By Gary Lawson
Volume 124 · May 2011 · Number 7
Responses
Responding to Trevor W. Morrison, Constitutional Alarmism
Lost Inside the Beltway
By Bruce Ackerman
Libya, “Hostilities,” the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation
By Trevor W. Morrison
Executive Branch Legalisms
By David Fontana
Volume 124 · January 2011 · Number 3
Response
Responding to Daryl J. Levinson, Parchment and Politics: The Positive Puzzle of Constitutional Commitment
The Political Animal and the Ethics of Constitutional Commitment
By Josh Chafetz
Volume 124 · November 2010 · Number 1
Response
Responding to Samuel Issacharoff, On Political Corruption
Corruption, Clients, and Political Machines
By Stephen E. Sachs
Volume 123 · June 2010 · Number 8
Response
Responding to Bradford R. Clark, The Eleventh Amendment and the Nature of the Union
The Unsettled Nature of the Union
By Carlos M. Vázquez
Volume 123 · March 2010 · Number 5
Responses
Responding to Jed Handelsman Shugerman, Economic Crisis and the Rise of Judicial Elections and Judicial Review
In Search of "Laissez-Faire Constitutionalism"
By Matthew J. Lindsay
Responding to Seana Valentine Shiffrin, Inducing Moral Deliberation: On the Occasional Virtues of Fog
Calculating the Standard Error: Just How Much Should Empirical Studies Curb Our Enthusiasm For Legal Standards?
By Brian Sheppard
Volume 123 · January 2010 · Number 3
Responses
Responding to Benjamin I. Sachs, Enabling Employee Choice: A Structural Approach to the Rules of Union Organizing
Freeing Employee Choice: The Case For Secrecy in Union Organizing and Voting
By Cynthia Estlund
"Acting Like a Union": Protecting Workers’ Free Choice by Promising Workers’ Collective Action
By Brishen Rogers
Volume 123 · December 2009 · Number 2
Responses
Responding to Richard C. Schragger, Mobile Capital, Local Economic Regulation, and the Democratic City
Disappearing Neighbors
By David D. Troutt
Responding to Einer Elhauge, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory
Should Antitrust Condemn Tying Arrangements that Increase Price Without Restraining Competition?
By Steven Semeraro
Volume 122 · June 2009 · Number 8
Response
Responding to John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation
The Constitutional Legitimacy of Freestanding Federalism
By Gillian E. Metzger
Volume 122 · April 2009 · Number 6
Responses
Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives
Trespass-Copyright Parallels and the Harm-Benefit Distinction
By Wendy J. Gordon
Copyright and Its Rewards, Foreseen and Unforeseen
By Justin Hughes
Volume 122 · January 2009 · Number 3
Response
Responding to Dan M. Kahan, David A. Hoffman, and Donald Braman, Whose Eyes are you Going to Believe? Scott v. Harris and the Perils of Cognitive Illiberalism
The Perils of the Fight Against Cognitive Illiberalism
By Christopher Slobogin
Volume 122 · December 2008 · Number 2
Responses
Responding to Carlos Manuel Vázquez, Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties
Law (Makers) of the Land: The Doctrine of Treaty Non-Self-Execution
By David H. Moore
Responding to D. James Greiner, Causal Inference in Civil Rights Litigation
Not All Statistics Are Created Equal
By D. James Greiner
Statistics is a Plural Word
By Steven L. Willborn and Romana L. Paetzold
Volume 122 · November 2008 · Number 1
Response
Responding to Reva B. Siegel, Dead or Alive: Originalism as Popular Constitutionalism in Heller
Popular Constitutionalism and the State Attorneys General
By Joseph Blocher
Volume 121 · May 2008 · Number 7
Response
Responding to Richard H. Fallon, Jr., The Core of an Uneasy Case For Judicial Review
A 'Hard Core' Case Against Judicial Review
By Allan C. Hutchinson
Volume 121 · April 2008 · Number 6
Response
Responding to Michael Heller and Rick Hills, Land Assembly Districts
The Limitations of Majoritarian Land Assembly
By Daniel B. Kelly
Volume 121 · December 2007 · Number 2
Responses
Responding to Jacob E. Gersen and Eric A. Posner, Timing Rules and Legal Institutions
Response
By Richard M. Cooper
Optimal Timing of Legal Intervention: The Role of Timing Rules
By Barbara Luppi & Francesco Parisi
Volume 120 · May 2007 · Number 7
Responses
Responding to Eugene Volokh, Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs
Governing Health
By Jennifer Prah Ruger
Unenumerated Rights and the Limits of Analogy: A Critique of the Right to Medical Self-Defense
By O. Carter Snead
Volume 120 · February 2007 · Number 4
Responses
Responding to Curtis A. Bradley, Jack L. Goldsmith, and David H. Moore, Sosa, Customary International Law, and the Continuing Relevance of Erie
Customary International Law and the Question of Legitimacy
By William S. Dodge
SOSA and the Retail Incorporation of International Law
By Ernest A. Young
Responding to Orly Lobel, The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics
Critical Legal Consciousness in Action
By Scott L. Cummings
State-Lovers, State-Haters, and Orly Lobel
By Robert C. Fellmeth
Volume 120 · January 2007 · Number 3
Responses
Responding to Seana Valentine Shiffrin, The Divergence of Contract and Promise
What's Morality Got To Do With It?
By Barbara H. Fried
The Convergence of Contract and Promise
By Charles Fried
Contract and Promise
By Liam Murphy
Volume 120 · December 2006 · Number 2
Responses
Responding to Matthew C. Stephenson, The Strategic Substitution Effect: Textual Plausibility, Procedural Formality, and Judicial Review of Agency Statutory Interpretations
Subtitution Strategies
By Jacob E. Gersen
Modeling Agency / Court Interaction
By Emerson Tiller & Frank B. Cross
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