November 2009 Vol. 108 No. 2 THE REVIEW
ARTICLES

Free Speech Federalism

Adam Winkler

For decades, constitutional doctrine has held that the Constitution’s guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments.

  READ MORE    //  VIEW PDF

Private Productions of Public Goods: Liability for Unrequested Benefits

Ariel Porat
READ MORE    //  VIEW PDF
NOTES

A Sea of Confusion: The Shipowner's Limitation of Liability Act as an Independent Basis for Admiralty Jurisdiction

Amie L. Medley

The Shipowner's Limitation of Liability Act of 1851 allowed the owner of a vessel to limit his liability in the case of an accident to the value of the vessel and its cargo if he could show he had no knowledge of or participation in the negligent act that resulted in the loss. In 1911, the Supreme Court decided Richardson v. Harmon, a case which was interpreted for several decades to hold that the Limitation Act formed an independent basis for admiralty jurisdiction. In a 1990 case, the Supreme Court stated in a footnote that it would not reach the question of whether the Limitation Act was an independent basis for admiralty jurisdiction-which several Courts of Appeal took to mean that the Act's continued vitality as a jurisdictional basis was an open question. Since that time, many Courts of Appeal have held that the Limitation Act is not, for a variety of reasons, an independent basis for admiralty jurisdiction.

  READ MORE    //  VIEW PDF

Loss Causation and Class Certification

Steven Serajeddini
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