Volume 126 · February 2013 · Number 4
In Memoriam: Roger Fisher
Robert C. Bordone, Danny Ertel, Martha Minow, Robert H. Mnookin, Bruce Patton, James K. Sebenius, and William Ury
The Limits of Unbundled Legal Assistance: A Randomized Study in a Massachusetts District Court and Prospects for the Future
D. James Greiner, Cassandra Wolos Pattanayak, and Jonathan Hennessy
Neal Kumar Katyal
Counteracting the Bias: The Department of Labor's Unique Opportunity to Combat Human Trafficking
Tilling the Vast Wasteland: The Case for Reviving Localism in Public Interest Obligations for Cable Television
Preemption as Purposivism's Last Refuge
The Meaning(s) of "The People" in the Constitution
Indian Canon Originalism
District Court Enforces Class Action Waiver in Employment Arbitration Agreement. — Morvant v. P.F. Chang’s China Bistro, Inc., No. 11-CV-05405 YGR, 2012 WL 1604851 (N.D. Cal. May 7, 2012).
Fifth Circuit Holds that District Court Failed to Conduct Rigorous Class Certification Analysis in Light of Wal-Mart Stores, Inc. v. Dukes. — M.D. ex rel. Stukenberg v. Perry, 675 F.3d 832 (5th Cir. 2012).
Sixth Circuit Holds that Subjective Intent Is Not Required by the First Amendment When Prosecuting Criminal Threats. — United States v. Jeffries, 692 F.3d 473 (6th Cir. 2012).
D.C. Circuit Rejects Challenge to Milk Regulation. — Hettinga v. United States, 677 F.3d 471 (D.C. Cir. 2012) (per curiam), reh’g en banc denied, No. 11-5065 (D.C. Cir. June 21, 2012).
Fifth Circuit Holds That Prison's Prohibition on All Objects over Twenty-Five Dollars Did Not Violate Prisoner's First Amendment Rights or Substantially Burden His Religion Under RLUIPA. — McFaul v. Valenzuela, 684 F.3d 564 (5th Cir. 2012).
Seventh Circuit Preliminarily Enjoins Eavesdropping Law as Applied to Police Monitoring Program. — American Civil Liberties Union of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012), cert. denied, No. 12-318, 2012 WL 4050487 (U.S. Nov. 26, 2012).
Ninth Circuit Holds that Nonpayment in the United States by Counterparty Is Not a Direct Effect of Foreign State's Breach of Contractual Duties to Be Performed Abroad. — Terenkian v. Republic of Iraq, 694 F.3d 1122 (9th Cir. 2012).