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Volume 65, Number 5

Constitutional Cacophony: Federal Circuit Splits and the Fourth Amendment

Oct. 24, 2012—Despite their many differences, Americans have long been bound by a shared sense of constitutional commonality. Federal constitutional rights, however, can and do often vary based on geographic location, and a chief source of this variation stems from an unexpected origin: the nation’s federal circuit courts of appeals. While a rich literature exists on federal...

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Angry Judges

Oct. 24, 2012—Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decisionmaking. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment—precisely what...

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A Regulatory Design for Monetary Stability

Oct. 24, 2012—This Article proposes a unified regulatory approach to the issuance of “money-claims”—a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably the central problem for financial regulatory policy. Yet our existing regulatory system lacks a coherent approach to this market. The Article proposes a public-private...

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