Articles

Ball on a Needle: Hein v. Freedom from Religion Foundation, Inc. and the Future of Establishment Clause Adjudication

I. The Litigation Background Of Hein v. Freedom From Religion Foundation, Inc. II. The Hein Opinions III. The Meaning Of Hein-Conventions Of Interpretation A. Which Opinion Controls? B. Stare Decisis IV. The Meaning Of Hein-Establishment Clause Exceptionalism And Its Relation To Justiciability V. Hein Unfolding-A Closer Look At Taxpayer Standing Cases A. Easy Cases B. Hard Cases C. Are State And Local Taxpayers Different From Federal Taxpayers? VI. The Incentive Effects Of Hein And The Disuti...

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption

I. Introduction II. The Preemption Doctrine A. Express And Implied Preemption B. "Positively Required By Direct Enactment" C. "Sweep[Ing]" III. The Exhaustion Doctrine A. Prudential Exhaustion B. Jurisdictional Exhaustion C. Preemption Vs. Exhaustion IV. Weinberger v. Salfi V. The Modern Jurisdictional Exhaustion Test A. Supreme Court Cases B. Federal Court Cases C. Prison Litigation Reform Act D. Darby v. Cisneros, The Administrative Procedures Act, And The Department Of Agriculture Reorgani...

"Move On" Orders as Fourth Amendment Seizures

I. Introduction II. The Lexicon And Precedent Of "Seizure" III. Dispersal Orders In Vagrancy Law IV. Existing "Move On" Jurisprudence v. Due Process: A Constitutional Alternative VI. Conclusion

Virtual Consumption: A Second Life for Earth?

Consumption is at the root of many of the world's greatest environmental challenges, yet laws or policies that directly address consumption are rare. Virtual worlds, such as Second Life, offer the intriguing prospect of displacing a substantial amount of real-world consumption without running afoul of the political and economic obstacles that proposals to reduce consumption often face. In the interactive online reality of virtual worlds, players adopt an "avatar" and participate in an electro...

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Contra Applicantem or Contra Proferentem Applicatio: The Need for Clarification of the Doctrine of Contra Proferentem in the Context of Insured- Created Ambiguities in Insurance Applications

I. Introduction II. Background And Policies Surrounding The Doctrine Of Contra Proferentem III. The Need For A Refined Rule To Address Ambiguities In Insurance Applications IV. Analysis Of The Competing Rules A. Arguments For The Rule Of Contra Applicantem B. Arguments For The Rule Of Contra Proferentem Applicatio C. The Better Rule V. Conclusion