The One-Way Mirror: Law, Privacy, and the Media

In every complex society, there have been famous people. But only in modern times do we have celebrities. Only in modern times do we have mass media; and it is the mass media that make it possible for us to be so familiar with famous people. This familiarity, as I have argued, is the essence of the celebrity. In this Article, I am going to talk about some of the…

The Role of Access in Charitable Tax Exemption

The central thesis of this Article is that the criterion that can and should be used to judge exempt status in these cases of “commercial similarity” is whether the organization provides access to services for previously-underserved populations or provides specific services to the majority population that otherwise are not provided by the private sector. Using “enhancing access” as the main criterion in judging an organization’s entitlement to exemption makes considerable…

The Philosophy of Certiorari: Jurisprudential Considerations in Supreme Court Case Selection

Margaret Meriwether Cordray and Richard Cordray
In this Article, we offer a fuller jurisprudential analysis of the gatekeeping choices that the Justices make as they set the direction in which the Court will proceed. Using more recent data that we gathered from the docket books of Justices Brennan and Marshall, we show that rule-based and strategic factors, while undeniably important, cannot adequately account for the Justices’ voting behavior at the certiorari stage. Although the Justices consider…

Taking Pop-Ups Seriously: The Jurisprudence of the Infield Fly Rule

Neil B. Cohen and Spencer Weber Waller
We propose to go beyond the common law origins of the infield fly rule and do what the author chose not to do: namely, explore the different spaces for an infield fly rule from the point of view of the great jurisprudential movements of the last hundred years. In so doing we conclude (i) that post-modern jurisprudence strongly suggests that the infield fly rule was far more socially constructed and…

Advocacy and Rhetoric vs. Scholarship and Evidence in the Debate over Contingency Fees: A Reply to Professor Brickman

Herbert M. Kritzer
In December 2001 I received a telephone call from a lawyer at a firm representing Baxter International, Inc. At that time, Baxter was facing lawsuits over a number of dialysis-related deaths that had occurred in Europe. Apparently dialysis filters manufactured at a Baxter plant in Sweden had been contaminated by a processing chemical resulting in adverse consequences when used with dialysis machines. Baxter had settled death claims involving ten Spanish…

Gambling with Democracy: The Help America Vote Act and the Failure of the States to Administer Federal Elections

R. Bradley Griffin