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Volume 61, Issue 2


Rethinking Constitutional Welfare Rights

by  Goodwin Liu

A generation ago, Harvard law professor Frank Michelman advanced an influential and provocative vein of scholarship theorizing the content and justiciability of constitutional welfare rights. Michelman's writings, which endure as the most insightful and imaginative work in this area, sought to anchor the Supreme Court's welfare rights jurisprudence in a comprehensive theory of distributive justice,…


Corporate Crime and Deterrence

by  Assaf Hamdani & Alon Klement

This Article sheds new light on the controversial doctrine of corporate criminal liability and other forms of collective sanctions. Critics contend that the use of criminal law to target business entities is undesirable given the disastrous consequences for firms convicted of misconduct, as graphically illustrated by the unraveling of the accounting firm Arthur Andersen. At…


The Surprising Virtues of Treating Trade Secrets as IP Rights

by  Mark A. Lemley

Trade secret law is a puzzle. Courts and scholars have struggled for over a century to figure out why we protect trade secrets. The puzzle is not in understanding what trade secret law covers; there seems to be widespread agreement on the basic contours of the law. Nor is the problem that people object to…


Ask Don’t Tell

Ethical Issues Surrounding Undocumented Workers' Status in Employment Litigation
by  Christine N. Cimini

The presence of an estimated 11.5 million undocumented immigrants in the United States, of which an estimated 7.2 million are working, has become a flashpoint in the emerging national debate about immigration. Despite the fact that immigrants often accept jobs and working conditions that no citizens seem willing to undertake, this country has responded with…


Military Lawyering and Professional Independence in the War on Terror

A Response to David Luban
by  Major General Charles J. Dunlap & Major Linell A. Letendre

Have U.S. government lawyers, including military attorneys, designed policies with the "goal of separating . . . lawyers from their clients" at Guantánamo? Have these government lawyers "worked . . . hard to take out the adversary lawyers at Guantánamo?" Are government policies unethically interfering with the responsibilities of defense counsel for the detainees? Are…


FEC v. Wisconsin Right to . . . Petition?

A Comment on FEC v. Wisconsin Right to Life
by  Shireen A. Barday

FEC v. Wisconsin Right to Life, Inc. (WRTL) is the Supreme Court's latest attempt to extricate grassroots advocacy by nonprofit corporations from the morass of political broadcast restrictions under the Bipartisan Campaign Finance Reform Act (BCRA). As with the many cases preceding it, the standard pronounced by the Court in WRTL is deceptively straightforward: a…