February 2007 Vol. 105 No. 4 THE REVIEW
ARTICLES

Voter Identification

Spencer Overton

In the wake of closely contested elections, calls for laws that require voters to present photo identification as a condition to cast a ballot have become pervasive. Advocates tend to rely on two rhetorical devices: (1) anecdotes about a couple of elections tainted by voter fraud; and (2) “common sense” arguments that voters should produce photo identification because identification is required to board airplanes, buy alcohol, and engage in other activities. This Article explains the analytical shortcomings of anecdote, analogy, and intuition, and applies a cost-benefit approach generally overlooked in election law scholarship.

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Scrutinizing the Second Amendment

Adam Winkler
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Legal Fictions in Pierson v. Post

Andrea McDowell
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NOTES

Keeping the Door Ajar for Foreign Plaintiffs in Global Cartel Cases after Empagran

Jeremy M. Suhr

In many ways, the Supreme Court’s opinion in F. Hoffmann-LaRoche, Ltd. v. Empagran S.A. raised more questions than it answered. Growing out of the massive international vitamins cartel uncovered in the 1990s, Empagran presented a scenario in which all parties were foreign and all conduct occurred abroad. Although it is “well established by now that the Sherman Act applies to foreign conduct that was meant to produce and did in fact produce some substantial effect in the United States,” Empagran presented the Court with the first truly foreign antitrust case. It involved not only foreign conduct, but also foreign plaintiffs complaining of injuries suffered abroad at the hands of foreign defendants. The case therefore appeared to present thorny questions about the proper construction of the Foreign Trade Antitrust Improvements Act of 1982 (“FTAIA”) and the extent of the Sherman Act’s extraterritorial application.

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Mostly Harmless: An Analysis of Post-AEDPA Federal Habeas Corpus Review of State Harmless Error Determinations

Jeffrey S. Jacobi
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Twins or Triplets?: Protecting the Eleventh Amendment through a Three-Prong Arm-of-the-State Test

Héctor G. Bladuell
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& Other Current Events

Crawford v. Washington: A Ten Year Retrospective

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Come Back to the Boat, Justice Breyer!

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly...

Crawford v. Washington: The Next Ten Years

Imagine a world . . . in which the Supreme Court got it right the first time. That is,...

The Crawford Debacle

First a toast-to my colleague Jeff Fisher and his Crawford compatriot, Richard Friedman, on the...

Confrontation and the Re-Privatization of Domestic Violence

When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution...
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