Volume 53, Issue 3

Not a Free Speech Court

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…
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Extraneous Liability in Antitrust

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…
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The Role of Speculation in Facial Challenges

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…
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