November 2008 Vol. 107 No. 2 THE REVIEW
ARTICLES

When Should Original Meanings Matter?

Richard A. Primus

Constitutional theory lacks an account of when each of the familiar sources of authority—text, original meaning, precedent, and so on—should be given weight. The dominant tendency is to regard all sources as potentially applicable in every case. In contrast, this Article proposes that each source of authority is pertinent in some categories of cases but not in others, much as a physical tool is appropriate for some but not all kinds of household tasks. The Article then applies this approach to identify the categories of cases in which original meaning is, or is not, a valid factor in constitutional decisionmaking.

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Practice Makes Perfect? An Empirical Study of Claim Construction Reversal Rates in Patent Cases

David L. Schwartz
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Essay: Torts and Innovation

Gideon Parchomovsky & Alex Stein
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NOTES

Nothing Improper? Examining Constitutional Limits, Congressional Action, Partisan Motivation, and Pretextual Justification in the U. S. Attorney Removals

David C. Weiss

The forced mid-term resignations of nine U.S. Attorneys was an unprecedented event in American history. Nearly one year after the administration executed the removals, the House Judiciary Committee was still reviewing and publicizing emails, memoranda, and other documents in an effort to understand how the firings were effectuated. This Note examines many of those documents and concludes that the removals were likely carried out for partisan reasons. It then draws on the Constitution, Supreme Court precedent, and separation of powers principles to argue that Congress is constitutionally empowered to enact removal limitations for inferior officers such as U.S. Attorneys so long as those limitations do not impermissibly infringe on the president’s Article II authority or result in congressional aggrandizement.

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Are Artificial Tans the New Cigarette? How Plaintiffs Can Use the Lessons of Tobacco Litigation in Bringing Claims Against the Indoor Tanning Industry

Andrea Y. Loh
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Inhibiting Intrastate Inequalities: A Congressional Approach to Ensuring Equal Opportunity to Finance Public Education

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