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Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress
(University of Illinois Law Review, 2000)
Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...
All or Nothing: Explaining the Size of Supreme Court Majorities
(North Carolina Law Review, 2000)
In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
Against Diversity
(Constitutional Commentary, 2000)
Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
States Are People Too
(Notre Dame Law Review, 2000)
There is a joke making the rounds that purports to explain the Supreme Court's 1998-1999 Term, especially the three federalism cases decided on the last day: The Y2K bug hit the Court six months early, and the Court thought ...
The Law Professor as Schizophrenic
(Green Bag 2D, 2000)
Neal Devins says that we don't put political science into our casebooks and Gerald Rosenberg levels the same charge at our scholarship. And so it has fallen to me to defend the ranks of law professors from these scurrilous ...