Defining the Contours of the Copyright Clause in Golan v. Holder

In early October, the Supreme Court heard oral arguments in a case challenging the constitutionality of the Uruguay Round Agreements Act, or URAA. Plaintiffs in Golan v. Holder—orchestra conductors, teachers and film archivists—have challenged the URAA’s removal of works from

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Prof Hamilton Discusses Middle East Constitutions

How do we know when a Constitution has failed? Is it the actual revolt of the people that alerts us to a constitutional failure, or is it a lower threshold than that, i.e. the lack of certain aspects of the

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On Behalf of Class Action: SCOTUS Preempts Key Mechanism of Consumer Protection

Hopefully, you’ve managed to take a look at the Supreme Court Review over the last few issues. If so, you may recall an article covering AT&T v. Concepcion, a somewhat complicated case involving the Federal Arbitration Act (FAA), federal pre-emption

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Healthcare Harmful, Unconstitutional

While our current healthcare system is in dire need of reform, the Patient Protection and Affordable Care Act (PPACA) is a disastrous regime for at least three reasons:
1) Increased cost. The President’s claim that the PPACA will bring down

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Healthcare Saves Lives, Mine

Obamacare, as it is pejoratively termed, may very well have saved my life. I was born with a congenital heart defect that required open-heart surgery. My parents did not have health insurance when my heart failed and getting insured with

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A British Perspective: Lack of U.S. Health Care Preposterous

Since arriving in the United States I have been experiencing a bit of a culture shock, part of the appeal of moving to another country. There are two areas where the culture is the most shocking: politics and health care,

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Assessing the Constitutionality of Chapter 8 Bankruptcy Proceedings

When it comes to the current state debt crises, some might say federalism means that states like California or Illinois, one way or another, need to pay for their own mess. Others might say just the opposite, arguing that a

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Costco v. Omega: SCOTUS Feigns Decision on First-Sale Doctrine

Last month, the Supreme Court found itself divided over the scope of copyright protection as applied to goods manufactured abroad and imported into the domestic U.S. market. Implicated in Costco v. Omega was the first-sale doctrine, which amounts to a

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What SCOTUS Can Learn From Us: Embrace Your Mistakes

On November 17, The New York Times featured on the front page a piece by Adam Liptak that explored how recent opinions of the Supreme Court offer lower courts significantly more words, without offering any significant guidance. (See Adam Liptak,

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SCOTUS Review: Roberts Court Pro-Corporate Perception Persists

A few weeks ago, on the American Public Media’s (APM) Marketplace news, a Supreme Court correspondent opined on the conventional wisdom regarding the pro-corporate leanings of the Roberts Court. Like the law student who begins the third paragraph of her

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