April 2007 Vol. 105 No. 6 THE REVIEW
ARTICLES

Foreword: Settler's Remorse

Floyd Abrams

2007 Survey of Books Relating to the Law

Who can quarrel with the notion that settling civil cases is generally a good thing? Litigation is expensive, time-consuming, preoccupying, and often personally destructive. Our courts are overburdened and, in any event, imperfect decision-making entities. It may even be true that, more often than not, “the absolute result of a trial is not as high a quality of justice as is the freely negotiated, give a little, take a little settlement.”
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Milton: Paradise Lost

Jillisa Brittan & Richard A. Posner
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Welsh S. White: Litigating in the Shadow of Death: Defense Attorneys in Capital Cases

Sean D. O'Brien
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Laird: Utterly Monkey Roosevelt: In the Shadow of the Law

William D. Henderson & David Zaring
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Posner & Vermeule: Terror in the Balance: Security, Liberty, and the Courts

Mark S. Davies
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James Boyd White: Living Speech: Resisting the Empire of Force

Walter Brueggemann
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The President's Advisory Panel on Federal Tax Reform: Simple, Fair, and Pro-Growth: Proposals to Fix America's Tax System

Lawrence Zelenak
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Stewart: DisneyWar

Kenneth M. Rosen
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Hamilton: God vs. the Gavel: Religion and the Rule of Law

Douglas Laycock
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A Response to Professor Laycock

Marci A. Hamilton
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Hovenkamp: The Antitrust Enterprise: Principle and Execution

Daniel A. Crane
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Aoki, Boyle, & Jenkins: Bound by Law?

Jessica Sawyer Wang
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Scott: Degrees of Freedom: Louisiana and Cuba After Slavery

Mark Tushnet
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Epstein: How Progressives Rewrote the Constitution

Michael Allan Wolf
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Peters: Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century

Lubna A. Alam
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Waller: Thurman Arnold: A Biography

Mark Fenster
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Yoshino: Covering: The Hidden Assault on Our Civil Rights

Paul Horwitz
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Peppers: Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk
Ward & Weiden: Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court

Benjamin C. Mizer
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Davis: Electing Justice: Fixing the Supreme Court Nomination Process
Dworkin: Justice in Robes

Tom Lininger
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Rosen: The Most Democratic Branch: How the Courts Serve America

Neal Devins
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Kamir: Framed: Women in Law and Film

Rebecca Johnson
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Cherry: Kidney for Sale by Owner: Human Organs, Transplantation, and the Market

Michele Goodwin
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& Other Current Events

How the Gun-Free School Zones Act Saved the Individual Mandate

  For all the drama surrounding the Commerce Clause challenge to the individual mandate provision...

Citing Orin Kerr from MLR Volume 102, the Court addresses the controversy over GPS trackers and the Fourth Amendment

The Supreme Court's opinion in United States v. Jones, on GPS trackers and the Fourth Amendment, cited...

Inside Agency Preemption

A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal...

Criminal Sanctions in the Defense of the Innocent

  Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard...

On Strict Liability Crimes: Preserving a Moral Framework for Criminal Intent in an Intent-Free Moral World

The law has long recognized a presumption against criminal strict liability. This Note situates that...
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