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Volume 66, Issue 2


Does the Logic of Collective Action Explain Federalism Doctrine?

by  Aziz Z. Huq

Recent federalism scholarship has taken a “collective action” turn. Commentators endorse or criticize the Court’s doctrinal tools for allocating regulatory authority between the states and the federal government by invoking an economic model of collective action. The ensuing corpus of “collective action arguments” has been invoked by both pro-federal and pro-state scholars to underwrite either…


Compulsory Sexuality

by  Elizabeth F. Emens

Asexuality is an emerging identity category that challenges the common assumption that everyone is defined by some type of sexual attraction. Asexuals—those who report feeling no sexual attraction to others—constitute one percent of the population, according to one prominent study. In recent years, some individuals have begun to identify as asexual and to connect around…


Taxing Social Enterprise

by  Lloyd Hitoshi Mayer & Joseph R. Ganahl

Since the first hybrid enabling law was passed in Vermont in 2008, the number of states offering hybrid forms has grown steadily, as has the number of entrepreneurs choosing statutory hybrids as a middle road between the for-profit and the nonprofit. Plaudits for and criticism of the hybrid form have also proliferated. Proponents have lauded…


Good Will Hunting

How the Supreme Court's Hunter Doctrine Can Still Shield Minorities from Political-Process Discrimination
by  Kerrel Murray

When the Sixth Circuit struck down Michigan’s anti-affirmative-action Proposal 2 in 2012, its reasoning may have left some observers hunting for their Fourteenth Amendment treatises. Rather than applying conventional equal protection doctrine, the court rested its decision on an obscure branch of equal protection jurisprudence known as the Hunter doctrine, which originated over forty years…