Print Issues

Volume 61, Issue 5


Jurisdiction’s Noble Lie

by  Frederic M. Bloom

This Article makes sense of a lie. It shows how legal jurisdiction depends on a falsehood—and then explains why it would. To make this novel argument, this Article starts where jurisdiction does. It recounts jurisdiction’s foundations—its tests and motives, its histories and rules. It then seeks out jurisdictional reality, critically examining a side of jurisdiction…


The Injustice of Appearance

by  Deborah J. Rhode

"It hurts to be beautiful" is a cliché I grew up with. "It hurts not to be beautiful" is a truth I acquired on my own. But not until finishing the research that led to this Article did I begin to grasp the cumulative cost of our cultural preoccupation with appearance. Over a century ago,…


Private Immigration Screening in the Workplace

by  Stephen Lee

For over twenty years, our immigration laws have required employers to screen their workforces for “unauthorized” immigrants. But rather than punish employers for failing to carry out these duties, the Department of Homeland Security (DHS) has worked with employers to identify unauthorized workers for removal—even where it is abundantly clear that employers are reporting the…


The Law, Culture, and Economics of Fashion

by  C. Scott Hemphill & Jeannie Suk

Fashion is one of the world's most important creative industries. It is the major output of a global business with annual U.S. sales of more than $200 billion—larger than those of books, movies, and music combined. Everyone wears clothing and inevitably participates in fashion to some degree. Fashion is also a subject of periodically rediscovered…


The Piracy Paradox Revisited

by  Kal Raustiala & Christopher Sprigman

For over two centuries the United States has used copyright and patent to stimulate the production of many forms of creativity. Over time these rights have grown more economically significant; today intellectual property (IP) law is rightly seen not as a fringe topic, but as part of the core of contemporary economic and cultural policy…


Remix and Cultural Production

by  C. Scott Hemphill & Jeannie Suk

We are pleased that our Article, The Law, Culture, and Economics of Fashion, attracted a long and thoughtful response from two distinguished participants who have been so influential in this debate. The simultaneous desire for differentiation and flocking is alive and well. In their response, The Piracy Paradox Revisited, Kal Raustiala and Christopher Sprigman (RS)…


Pleading Sovereign Immunity

The Doctrinal Underpinnings of Hans v. Louisiana and Ex Parte Young
by  Sina Kian

The Eleventh Amendment states plainly: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” Despite decades of vociferous debate, this seemingly…


Who May Be Tried Under the Military Commissions Act of 2006?

by  Michael Montano

On October 17, 2006, seated in the East Room of the White House, President George W. Bush signed the Military Commissions Act of 2006 (MCA) into law. Moments before, he succinctly—if not entirely accurately—recounted the Act's history: In the months after 9/11, I authorized a system of military commissions to try foreign terrorists accused of…