When national regulatory programs exempt small-scale operators or producers from certain requirements, the result looks surprisingly like federalism. That is, many local (or intrastate) operators end up subject only to state or local regulations; most national (or interstate) operators end up subject to federal regulation. While small-scale businesses may rely on these exemptions in practice, […]
Sentence diagramming—a method of showing the relationship between different parts of a sentence—has long been used by judges to interpret legal texts. This Comment documents how judges employ sentence diagrams in constitutional, statutory, and contract cases. It finds that diagramming plays an important role in constitutional and statutory cases, complementing traditional canons of legal interpretation, […]
The explosive growth of the Internet and the widespread availability of professional-grade editing tools have democratized and decentralized the music production landscape. Economic transformations have preceded shifts in intellectual property (IP) law, leaving courts and policymakers playing catch-up and creating a climate of professional uncertainty. Within this uncertainty, certain questions are proving to be persistently […]
The Rooker-Feldman doctrine prevents federal district courts from assuming jurisdiction in cases that seek review of state court judgments. For years, the doctrine was applied widely–often barring federal jurisdiction in cases far beyond the scope of the original doctrine. In 2005, the Supreme Court in Saudi Basic intervened to clarify Rooker-Feldman and to curtail its […]
This Comment explores the troubling phenomenon of “lettermarking,” which occurs when Members of Congress write to personnel in administrative agencies to request appropriations that would benefit their donors and constituents. Although lettermarking has exploded in popularity since both houses of Congress adopted a moratorium on earmarking in 2011, nothing has been written about this practice […]
Special district governments exist in every state, providing services ranging from protection against fire to protection against fire ants. These governments are easy to form, but often they are difficult to dissolve or consolidate. Nevertheless, in many states, the number of special district governments is declining. This Comment draws on statistical analyses and interviews with […]
Recent debates over microfinance regulatory frameworks have misunderstood an important instrument: repayment frequency. Despite recent laws mandating lower microfinance repayment frequency under the banner of consumer protection, this Comment argues that repayment frequency is unable to protect borrowers beyond what substantive anti-coercion rights and procedural law can, and have begun to, accomplish. Moreover, repayment frequency, […]