This chapter reviews various types of market-based regulation and addresses the need for
international harmonization. Reflexive law focuses on influencing the “self-referential” …

Property Treatise Thoroughly Updated and Revised This overview of property law
addresses both classic and contemporary topics covered in the first-year property course in …

This article examines the ideological content of the metaphor" Our Constitution is color-
blind,"'and argues that the United States Supreme Court's use of color-blind …

The threat to human rights posed by non-state actors is of increasing concern. The author
addresses the international obligations of belligerents, national liberation movements and …

Legal decisions and theories are frequently condemned as formalistic, yet little discussion
has occurred regarding exactly what the term"'formalism" means. In this Article, Professor …

Basic constitutional jurisprudence dictates that courts subject most govern-ment benefit
decisions to minimal scrutiny, but scrutinize government actions that directly burden …

Constitutional law tends to define itself through reaction to great cases. The defining case for
the last several decades was Brown v. Board of Education I-an example of social …

Privatization is now virtually a national obsession. Hardly any domestic policy issue remains
untouched by disputes over the scope of private participation in government, with such …

From the beginning, nearly everyone has agreed that the central purpose of the Equal
Protection Clause is to outlaw certain kinds of discrimination. 1 But what is" discrimination" …

This article focuses on one important aspect of the quest for constitutional meaning: how to
determine whether a particular liberty-whether or not expressly enumerated in the Bill of …