CONSTITUTIONAL REMEDIES
Wilkie v. Robbins
How the Court dealt a “severe and unjustifiable blow to individual rights,” leaving the Bivens doctrine “on life support with little chance of recovery.”
By Laurence H. Tribe
CAMPAIGN FINANCE
FEC v. Wisconsin Right to Life, Inc.
How a new majority on the Court has put a brake on campaign finance “reform,” “revived Buckley and thus breathed life into the First Amendment.”
By Lillian R. BeVier
SPEECH
Washington v. WEA & Davenport v. WEA
In what should have been an easy First Amendment case, the Court ended up harming speech rights by arriving at the right conclusion for the wrong reasons.
By Erik S. Jaffe
SPEECH
Morse v. Frederick
Concluding that despite the Court’s “zeal to give the government a win in the War on Drugs,” the decision “has two bright spots for free speech advocates.”
By Hans Bader
FEDERALISM
Gonzales v. Cahart
Writing “the majority opinion that might have been” had the parties objected to the federal partial birth abortion ban as exceeding Congress’s power under the Commerce Clause.
By Brannon P. Denning
FEDERALISM
Massachusetts v. EPA
Arguing that while the states won, standing doctrine lost, accelerating the “trend toward regulation through litigation.”
By Andrew P. Morriss
FEDERALISM
Hein v. Freedom from
Religion Foundation
Why the Court has created a road map “by which the Executive may circumnavigate judicial standing in Establishment Clause cases altogether, simply by supporting religious institutions on its own initiative.”
By Robert Corn-Revere
EQUAL PROTECTION
Parents Involved in Community Schools v. Seattle School District No. 1
Why the Court’s equal protection methodology has proven “deeply unsatisfying” and its future jurisprudence in this area will be “difficult to predict.”
By Samuel Estreicher
MARKETS AND THE LAW
Watters v. Wachovia Bank
Arguing that “the interests of freedom are advanced by federal control of banking regulation.”
By G. Marcus Cole
MARKETS AND THE LAW
Leegin Creative Leather Products, Inc. v. PSKS, Inc. & Weyerhaeuser Co. v. Ross-Simmons Hardwood
Lumber Co.
Why despite the notoriety of the Leegin decision, which overruled the “much maligned” Dr. Miles case, the Court’s less noticed ruling in Weyerhaeuser Co. may prove to be more important in the long run.
By Thomas A. Lambert
MARKETS AND THE LAW
Philip Morris v. Williams
How the Court missed a chance to clarify the due process constraints on excessive punitive damages, proving once again that the Court has “no coherent view of punitive damages.”
By Michael I. Krauss
SPECIAL FEATURES INCLUDE:
RULE OF LAW
Danny J. Boggs, chief judge on the United States Court of Appeals for the Sixth Circuit, examines the Supreme Court’s existing record from a consideration for “rule of law” values.
LOOKING AHEAD
Glenn Harlan Reynolds, Beauchamp Brogan Distinguished Professor of Law at the University of Tennessee, examines the trends in the Court’s caseload, surveys the Supreme Court term to come, and makes some predictions about the hotly watched cases likely to be reviewed.
