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SEPARATION OF POWERS IN WARTIME – Hamdan v. Rumsfeld
– Opposing articles clash over the Court’s ruling on military commissions set up by President Bush to try enemy combatants.
By Martin S. Flaherty and John Yoo
FEDERALISM – Gonzales v. Oregon
and Rapanos v. United States
– What cases about assisted suicide and wetlands reveal about the future of constitutional limits on federal power.
By Ilya Somin
DEATH PENALTY SENTENCING – Hill v. McDonough
– An examination of the effect of this case on capital punishment by lethal injection.
By Douglas Berman
MILITARY RECRUITING ON CAMPUS – Rumsfeld v. FAIR
– Why the Court was “unanimously wrong,” in the ruling, which upheld the government’s right to cut off funding to law schools that bar military recruiters.
By Dale Carpenter
THE EXCLUSIONARY RULE – Hudson v. Michigan
– Does this ruling spell the end of the Fourth Amendment’s exclusionary rule?
By David Moran
RELIGIOUS LIBERTY – Gonzales v. O Centro Beneficiente Uniao do Vegetal
– What a case involving a DEA investigation of a religious group that uses a hallucinogenic drug means for religious freedom.
By Richard W. Garnett
CAMPAIGN FINANCE REGULATION – Wisconsin Right to Life Foundation v. FEC
and Randall v. Sorrell
– What the Court’s decisions say about the future of campaign finance regulation.
By Allison Hayward
STATE TAX INCENTIVES – Daimler Chrysler Corp. v. Cuno
– How the Court can make sense of constitutional challenges to corporate tax incentives.
By Brannon Denning
SECURITIES FRAUD – Merrill Lynch v. Dabit
– Why the Court would have been smart to give states more power over securities fraud class actions.
By Larry Ribstein
ANTITRUST REGULATION – Illinois Tool Works Inc. v. Independent Ink, Inc.
– What this case reveals about the economics of price discrimination.
By Joshua WrightSPECIAL FEATURES INCLUDE
FREEDOM OF RELIGION – Nadine Strossen, president of the American Civil Liberties Union, outlines her libertarian view of the First Amendment’s Establishment and Free Exercise Clauses.
LOOKING AHEAD – Peter B. Rutledge, former clerk to Justice Thomas, tells us what last term’s voting trends reveal about Chief Justice Roberts, Samuel Alito, and the coming Supreme Court term.