94:1

The United States Commercial Space Launch Competitiveness Act: The Creation of Private Space Property Rights and the Omission of the Right to Freedom From Harmful Interference

In March 2004, the European Space Agency successfully launched the Rosetta Spacecraft from Kourou, French Guiana. Over $1.5 billion dollars, ten years, and four billion miles later, the Rosetta Spacecraft released a sophisticated 220-pound probe called the “Philae,” which landed on Comet 67P/Churyumov-Gerasimenko on November 12, 2014. The landing on Comet 67P, the first ofContinue reading “The United States Commercial Space Launch Competitiveness Act: The Creation of Private Space Property Rights and the Omission of the Right to Freedom From Harmful Interference”

The Religious Difference: Equal Protection and the Accommodation of (Non)-Religion

The First Amendment provides for specific rules that apply to “religion” without defining the term. This definition seems essential; the prohibition on establishment and the guarantee of free exercise apply by the law’s terms to religion, and not to anything that is not religion. Although Judge Adams in the epigraph seems to easily explain theContinue reading “The Religious Difference: Equal Protection and the Accommodation of (Non)-Religion”

Antitrust in Zero-Price Markets: Applications

“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of antitrust law. But despite the critical role that such markets now play in modern economies,Continue reading “Antitrust in Zero-Price Markets: Applications”

Judging Foreign States

Famed foreign relations law principles, including the act of state doctrine, the public law taboo, and Zschernig’s foreign affairs preemption, rely on the notion that U.S. courts should not sit in judgment on foreign states. Judges in these cases, as well as scholars writing in the area, frequently suggest that U.S. courts should sit outContinue reading “Judging Foreign States”

The Contours of Constitutional Approval

Scholars and judges agree on the importance of constitutional approval—that is, people’s subjective support for their constitution. The Supreme Court has asserted that it owes its very legitimacy to popular backing for its decisions. Academic luminaries have concurred, while also connecting constitutional approval to constitutional compliance and durability, as well as the easing of theContinue reading “The Contours of Constitutional Approval”