CAMPAIGN FINANCE-Citizens United v. FEC Strikes down a provision
of the McCain-Feingold Act that could have led to the regulation of
publications and reinforced the idea that corporations and other
associations have certain rights. By James Bopp Jr. and Richard E.
Coleson
FREE SPEECH AND ANIMAL CRUELTY-United States v. Stevens Discusses
whether a law criminalizing the "depiction of animal cruelty"
violates the First Amendment. By Nadine Strossen
FREEDOM OF ASSOCIATION- Christian Legal Society v. Martinez Can a
public university invoke its nondiscrimination policy to decline to
recognize a student group that requires members to adhere to
certain beliefs and conduct? By Richard A. Epstein
ELECTION REGULATION-Doe v. Reed Asks whether a state can require
petition proponents to reveal the personal information of petition
signers. By Steve Simpson
SECOND AMENDMENT- McDonald v. Chicago Extends to the states the
individual right to keep and bear arms. By Alan Gura, Ilya Shapiro,
and Josh Blackman
HONEST SERVICES FRAUD- Black v. United States; Weyhrauch v. United
States; Skilling v. United States The Court examines a trio of high
profile criminal cases to decide whether the federal prohibition on
"honest services fraud" violates civil liberties. By Harvey A.
Silverglate and Monica R. Shah
FEDERAL POWER-United States v. Comstock Interprets the Necessary
and Proper Clause to determine whether Congress has the power to
civilly commit "sexually dangerous" federal prisoners once their
prison terms conclude. By Ilya Somin
EXECUTIVE AGENCIES-Free Enterprise Fund v. Public Company
Accounting Oversight Board Examines the constitutional defect in
the structure of the agency that was created to enforce the
Sarbanes-Oxley law. By Hans Bader
FINANCIAL REGULATION-Jones v. Harris Associates A unanimous Court
sets the standard for evaluating the propriety of mutual fund
managers' compensation. By Larry Ribstein
INTELLECTUAL PROPERTY- Bilski v. Kappos One of the biggest patent
cases in decades considers whether a "business method" can be
patented. By Michael Risch
ANTITRUST-American Needle v. NFL A unanimous decision allowing a
sports merchandise manufacturer to challenge the NFL's exclusive
licenses. By Judd E. Stone and Joshua D. Wright
SPECIAL FEATURES
THE NINTH AMENDMENT IN LIGHT OF TEXT AND HISTORY-Michael W.
McConnell of Stanford Law School explains how a misunderstood
constitutional provision helps us understand the fundamental
structure of rights reserved and powers granted by the
Constitution, the relation of the Bill of Rights to the original
Constitution, and the role of natural rights in American
constitutionalism.
LOOKING AHEAD-Supreme Court specialist Erik S. Jaffe, former clerk
to Justice Thomas, offers analysis and predictions for the 2010-11
term.
