Volume 53, Issue 3

Two of the most high-profile decisions in the Supreme Court’s October 2010 term were clear victories for freedom of speech. In Snyder v. Phelps, the Court considered whether the First…

In recent years, patent law’s inequitable conduct doctrine has attracted considerable attention from judges, legislators, patent lawyers, and commentators. This trend culminated most recently in Therasense, Inc. v. Becton, Dickinson…

Whether an act gives rise to liability should turn on its tendency to yield particular outcomes rather than on its ultimate effect, which may have resulted from extraneous factors beyond…

The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of…

In recent years, the U.S. Supreme Court has been reluctant to respond favorably to constitutional challenges brought on the face of newly enacted state statutes. The facial challenge device has…

In Perry v. Schwarzenegger, Chief Judge Vaughn Walker held that Proposition 8—an amendment to the California Constitution that prohibits same-sex couples from marrying—violates the Due Process and Equal Protection Clauses…

With the vast majority of American households owning a computer, technology is a permanent fixture in everyday life. From boardrooms to dorm rooms, computers are capable of storing and manipulating…

Two decades ago, the advent of the Internet triggered an uproar in personal jurisdiction doctrine because of the difficulty of analyzing electronic contacts. Since that time, courts and commentators have…

In 2006, Mexican-American labor activist Dolores Huerta told an assembly of Tucson High School students that “Republicans hate Latinos.” This remark set in motion a prolonged effort by then-Arizona State…