Print Issues

Volume 64, Issue 6


Beyond DOMA

Choice of State Law in Federal Statutes
by  William Baude

The Defense of Marriage Act (DOMA) has been abandoned by the executive and held unconstitutional by courts, so it is time to think about what will be left in its place. Federal law frequently asks whether a couple is married. But marriage is primarily a creature of state law, and states differ as to who…


Does Shareholder Proxy Access Damage Share Value in Small Publicly Traded Companies?

by  Thomas Stratmann & J.W. Verret

The field of corporate governance has long considered the costs of the separation of ownership from control in publicly traded corporations and the regulatory and market structures designed to limit those costs. The debate over the efficiency of regulations designed to limit agency costs has recently focused on the SEC’s new rule requiring companies to…


Pinching the President’s Prosecutorial Prerogative

Can Congress Use Its Purse Power to Block Khalid Sheikh Mohammed's Transfer to the United States?
by  Nicolas L. Martinez

“We have been unable to identify any parallel . . . in the history of our nation in which Congress has intervened to prohibit the prosecution of particular persons or crimes.” So wrote Attorney General Eric Holder in a December 2010 letter addressed to the leadership of the Senate, in response to proposed congressional funding restrictions that…


The American Jury

Can Noncitizens Still Be Excluded?
by  Amy R. Motomura

Though noncitizens can be, and frequently are, judged by juries, they are categorically excluded from serving on them. In this Note, I explore the implications of this exclusion from demographic, functional, and doctrinal perspectives. The demographic portrait of noncitizens and minorities in the United States shows that the citizenship requirement for jury service results in…

Book Review

Infringement Conflation

by  Peter S. Menell

Following the most tumultuous decade in copyright history, John Tehranian’s recent book—Infringement Nation: Copyright 2.0 and You—promises a broad-ranging account of the complexities of copyright infringement in the Internet Age. There can be little doubt that copyright infringement has exploded since Napster ushered in Web 2.0 a little more than a decade ago. On the…