Print Issues

Volume 59, Issue 2


Less Stigma or More Financial Distress

An Empirical Analysis of the Extraordinary Increase in the Bankruptcy Filings
by  Teresa A. Sullivan, Elizabeth Warren & Jay Lawrence Westbrook

The passage of the 2005 amendments to the Bankruptcy Code represents the turning of a page in the long history of personal bankruptcy in the United States. At the very moment that European countries are liberalizing their treatment of individual debtors, the U.S. Congress has embraced changes intended to make bankruptcy difficult or impossible for…



by  Madhavi Sunder

A quarter century ago, Margaret Jane Radin interrupted the hegemonic law and economics discourse on property with a theory of personhood. And the New Jersey Supreme Court declared in the historic case of State v. Shack that "property rights serve human values." From these our modern "social relations" theory of property was born. Now, the…


Is Suspension a Political Question?

by  Amanda L. Tyler

Of late, several scholars have contended that the political question doctrine is heading toward its demise. Paraphrasing Mark Twain, one might say that rumors of the doctrine's death are much exaggerated. Notwithstanding what these scholars have viewed as the Supreme Court's proclivity for "control[ling] all things constitutional," three members of the Court recently suggested that…


The Use of Force and Contemporary Security Threats

Old Medicine for New Ills?
by  Allen S. Weiner

International terrorism carried out by nonstate actors and the spread of weapons of mass destruction (WMD) to dangerous states have emerged in recent years as the most significant security threats to the international order. Although the nature of the threats has changed dramatically, the legal regime governing the international use of force has not undergone…


The Case Against Blanket First Amendment Protection of Scientific Research

Articulating a More Limited Scope of Protection
by  Steve Keane

In November 2004, California voters approved Proposition 71, establishing a state constitutional right to conduct stem cell research. By guaranteeing scientists a right to conduct their research unfettered by government intervention, the state intends to attract an army of researchers who will ultimately boost the state's economy with lucrative stem cell applications. For scientists, the…