The paper examines the viability of applying transaction cost reasoning to the government by discussing the possibility of further international cooperation in the field of antitrust. Given that, in their international relations, the analogy between states and private actors is more realistic...

Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of...

Currently, there are no adequate mechanisms under international law to balance the competing tensions climate change presents to state sovereignty. On one hand, climate change threatens state sovereignty because the catastrophic loss of life and property of millions of people would deprive...

This paper examines tensions in the administration of justice in Canada. These tensions arise in part from what the author describes as a ‘tripartite' responsibility for the courts system, split between two levels of government and the judicial and executive branches. It also identifies...

In the past year, local governments have made a foray into the hotly debated arena of immigration law and policy by adopting laws to address illegal immigration in their respective jurisdictions. Courts have struck down many of these laws on the grounds that they are preempted pursuant to a...

This article questions why so many public schools do not teach any form of sex education. The answer proposed in this article is that the U.S. Constitution is a part of the problem. This claim is based on the following two premises: (1) the U.S. Constitution almost certainly does not require...

Two origins of the Voting Rights Act are familiar to us. Most prominent is the March 1965 assault of Alabama state troopers and Dallas County, Alabama deputy sheriffs and their posse on civil rights marchers at the Edmund Pettus Bridge in Selma, Alabama. The Supreme Court tells a slightly...

The text of the U.S. Constitution clearly distinguishes religion from non-religion by providing that while Congress may pass laws concerning many subjects and prohibiting many things, it may not make laws respecting the establishment of religion or prohibiting religious exercise. As the...

Over the past fifty years, a new intellectual property right called the right of publicity has evolved under state common law. The author explores a recurring concern hinted at by several lower courts and dissenting opinions: that current publicity laws offend parts of the Constitution beyond...

This article analyzes the differing perspectives that animate US and EU conceptions of privacy in the context of data protection. It begins by briefly reviewing the two continental approaches to data protection and then explains how the two approaches arise in a context of disparate cultural...