Volume 122 · January 2009 · Number 3
ARTICLE
Whose Eyes are you Going to Believe? Scott v. Harris and the Perils of Cognitive Illiberalism
Dan M. Kahan, David A. Hoffman, and Donald Braman
BOOK REVIEW
Beyond Sovereignty and Uniformity: The Challenges for Equal Citizenship in the Twenty-First Century
Rogers M. Smith
NOTES
Touch and Concern, the Restatement (Third) of Property: Servitudes, and a Proposal
The Eighth Amendment, Proportionality, and the Changing Meaning of “Punishments”
RECENT CASES
D.C. Circuit Holds that EPA Cannot Prevent State and Local Authorities from Supplementing Inadequate Emissions Monitoring Requirements in the Absence of EPA Regulation. — Sierra Club v. EPA, 536 F.3d 673 (D.C. Cir. 2008).
Federal Court Dismisses Juror Refusing To Apply Law As Instructed. — United States v. Luisi, 568 F. Supp. 2d 106 (D. Mass. 2008).
New York Court of Appeals Holds that Insurers May Be Liable for Consequential Damages. — Bi-Economy Market, Inc. v. Harleysville Insurance Co., 886 N.E.2d 127 (N.Y. 2008).
Seventh Circuit Holds that State Law Disproportionately Burdening Out-of-State Businesses Has Only Incidental Effects on Interstate Commerce. — Baude v. Heath, 538 F.3d 608 (7th Cir. 2008).
Ninth Circuit Holds that Single Sale on eBay Does Not Provide Sufficient Minimum Contacts with Buyer's State. — Boschetto v. Hansing, 539 F.3d 1011 (9th Cir. 2008).
Eighth Circuit Holds that a Cotenant's Consent at the Time of the Search Can Overrule a Suspect's Recent Objection. — United States v. Hudspeth, 518 F.3d 954 (8th Cir. 2008) (en banc).
Colorado Supreme Court Holds Defendants Liable for Full Profits from the Sale of a Home by Applying Unjust Enrichment Theory to an Informal Agreement Between Close Relatives. — Lewis v. Lewis, 189 P.3d 1134 (Colo. 2008).
RECENT LEGISLATION
Congress Restricts Use of Genetic Information by Insurers and Employers. — Genetic Information Nondiscrimination Act of 2008, Pub. L. No. 110-233, 122 Stat. 881 (to be codified in scattered sections of 26, 29, and 42 U.S.C.).
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