Volume 122 · June 2009 · Number 8
Federalism and the Generality Problem in Constitutional Interpretation
John F. Manning
The Conservative Insurgency and Presidential Power: A Developmental Perspective on the Unitary Executive
Preferences, Laws, and Default Rules
Strict Scrutiny in the Middle Forum
The Mysteries of the Congressional Review Act
On Enforcing Viral Terms
Child Pornography, the Internet, and the Challenge of Updating Statutory Terms
Media Incentives and National Security Secrets
D.C. Circuit Upholds Access Restrictions to Military-Run Newspapers on Forum Analysis Grounds. — Bryant v. Gates, 532 F.3d 888 (D.C. Cir. 2008).
Fifth Circuit Applies Doctrine of Constitutional Avoidance to Uphold Attorney Speech Restrictions in Bankruptcy Code. — Hersh v. United States ex rel. Mukasey, 553 F. 3d 743 (5th Cir. 2008).
D.C. Circuit Holds that the SEC Chairman Is Not the "Head" of the SEC. — Free Enterprise Fund v. Public Co. Accounting Oversight Board, 537 F.3d 667 (D.C. Cir. 2008), cert. granted, 77 U.S.L.W. 3431 (U.S. May 18, 2009) (No. 08-861).
Southern District of New York Holds that New York City Hybrid Taxi Regulations Are Likely Preempted by the EPCA. — Metropolitan Taxicab Board of Trade v. City of New York, No. 08 Civ. 7837 (PAC), 2008 WL 4866021 (S.D.N.Y. Oct. 31, 2008).