The Contours of Constitutional Approval

Nicholas O. Stephanopoulos and Mila Versteeg
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 the countermajoritarian difficulty. Until now, though, no information has been available on either the levels or…

Judging Foreign States

Zachary D. Clopton
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 out of important disputes due to considerations of sovereign equality and international comity. Yet, in less…

Antitrust in Zero-Price Markets: Applications

John M. Newman
“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, the antitrust enterprise has largely failed to account for their unique attributes. In response, this…

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

Jonathan P. Kuhn
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 the distinction as one between mere “strongly held ideologies” on the one hand and “religion” on…

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

Elliot Reaven
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 of its kind, is one of the most recent technological advancements in space travel and exploration.…