December 2007 Vol. 106 No. 3 THE REVIEW
ARTICLES

The Era of Deference: Courts, Expertise, and the Emergence of New Deal Administration Law

Reuel E. Schiller

The first two terms of Franklin Roosevelt’s presidency (1933–1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal–era administrative state interacted after these constitutional battles ended.

  READ MORE    //  VIEW PDF

Prologue to a Voluntarist War Convention

Robert D. Sloane
READ MORE    //  VIEW PDF

Taking Text too Seriously: Modern Textualism, Original Meaning, and the Case of Amar's Bill of Rights

William Michael Treanor
READ MORE    //  VIEW PDF
NOTES

Is There a Dormant Extraterritoriality Principle?: Commerce Clause Limits on State Antitrust Laws

Michael J. Ruttinger

State antitrust laws ordinarily supplement federal law by providing a cause of action for anticompetitive activity that occurs in the state. Some states, however, have construed their antitrust regimes to reach conduct that occurs outside the state’s boundaries. Such regulation raises significant federalism and Commerce Clause concerns by creating possible extraterritorial liability for conduct with virtually no in-state effect. This Note examines two Commerce Clause standards that may limit the degree to which state antitrust laws may exercise extraterritorial force—the “dormant” or “negative” Commerce Clause and the so-called “Extraterritorial Principle.”

  READ MORE    //  VIEW PDF
& Other Current Events

Foreword: What Books on Law Should Be

I have thought it might be useful to our profession, and appropriate to a foreword to a collection of...

A Pragmatic Republic, If You Can Keep It

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law....

Classic Revisited – Frost for Lawyers: "The Best Thing That We're Put Here For's to See"

The Poetry of Robert Frost: The Collected Poems. Edited by Edward Connery Lathem....

Racial Templates

A Wicked War: Polk, Clay, Lincoln, and the 1846 U.S. Invasion of Mexico. By Amy S. Greenberg....

Book Notice - Some Kind of Judge: Henry Friendly and the Law of Federal Courts

Henry Friendly, Greatest Judge of His Era. By David M. Dorsen. Foreword by Richard A....
MAILING LIST
Sign Up to Join Our Mailing List