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.

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Prologue to a Voluntarist War Convention

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

William Michael Treanor
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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.”

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& Other Current Events

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...

A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle

For thirty years, the Armed Career Criminal Act ("ACCA") has imposed a fifteen-year mandatory minimum...

Rethinking the Timing of Capital Clemency

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority...

The Political Safeguards of Horizontal Federalism

For decades, we have debated whether "political safeguards" preserve healthy relations between the states...

A Solution to Michigan's Child Shackling Problem

Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons,...
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