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Volume 71, Issue 6


Why the Constitution Was Written Down

by  Nikolas Bowie

A funny thing about the U.S. Constitution is that it’s written down. Words might seem like an obvious feature of any constitution, but they’re notably missing from much of the constitution of Great Britain, the country from which the United States seceded. Historians have often assumed that the quirky American practice of putting constitutions into…


Migration as Decolonization

by  E. Tendayi Achiume

International migration is a defining problem of our time, and central to this problem are the ethical intuitions that dominate thinking on migration and its governance. This Article challenges existing approaches to one particularly contentious form of international migration, as an important first step toward a novel and more ethical way of approaching problems of…


Stranger in the Land of Federalism

A Defense of the Compact Clause
by  Jacob Finkel

The Compact Clause of Article I, Section 10 of the U.S. Constitution has garnered little attention during its two centuries of existence. Designed to regulate cooperation among the states, the Clause requires that all interstate compacts be approved by Congress. Under current doctrine, this safeguard is consigned to near obsolescence. Hundreds of compacts of all…


Lost Profits Damages for Multicomponent Products

Clarifying the Debate
by  Jason Reinecke

In Mentor Graphics Corp. v. EVE-USA, Inc., the Federal Circuit determined that the “but for” compensatory damages test applies to the calculation of lost profits damages in patent infringement cases involving multicomponent products. The court rejected defendant Synopsys’s argument that because multicomponent products necessarily have many important features beyond the one or two that are…