Constitutional Law
Where United Haulers Might Take Us: The Future of the State-Self-Promotion Exception to the Dormant Commerce Clause Rule, ExpressO (2009)
Fourteen years ago, in C & A Carbone, Inc. v. Town of Clarkstown, the Supreme...
The Supreme Court's Municipal Bond Decision and the Market-Participant Exception to the Dormant Commerce Clause, ExpressO (2009)
Does it violate the dormant Commerce Clause for a state to exempt interest earned on...
The Pros and Cons of Politically Reversible "Semisubstantive" Constitutional Rules, ExpressO (2008)
Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...
The Pros and Cons of Politically Reversible "Semisubstantive" Constitutional Rules, ExpressO (2008)
Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this...
Fifteen Curious Facts about The Federalist Papers, Advocate (2007)
University Professor and Hosch Professor Dan Coenen shares 15 interesting facts about The Federalist Papers,...
Courts
The Rehnquist Court, Structural Due Process, and Semisubstantive Constitutional Review, Southern California Law Review (2002)
Semisubstantive review, as I use that label, entails four key features. First, the subject matter...
Federal Agency Compliance Act, Subcommittee on Commercial and Administrative Law (1997)
Testimony before the Subcommittee on Commercial and Administrative Law concerning H.R. 1544, the Federal Agency...
Justice Blackmun, Federalism, and Separation of Powers, Dickinson Law Review (1993)
On June 8, 1970, Harry A. Blackmun took his seat on the Supreme Court bench....
Controlling the Contemporary Loanshark: The Law of Illicit Lending and the Problem of Witness Fear (with Ronald Goldstock), Cornell Law Review (1980)
This Article discusses the origins of, practices typifying, and laws directed at contemporary loansharking. Loansharks...
Jurisprudence
Of Pitcairn's Island and American Constitutional Theory, William and Mary Law Review (1997)
Few tales from human experience are more compelling than that of the mutiny on the...
Legal History
Fifteen Curious Facts about The Federalist Papers, Advocate (2007)
University Professor and Hosch Professor Dan Coenen shares 15 interesting facts about The Federalist Papers,...
The Rhetoric for Ratification: The Argument of "The Federalist" and Its Impact on Constitutional Interpretation, Duke Law Journal (2006)
Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for...
Fifteen Famous Supreme Court Cases from Georgia, Advocate (2004)
John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch...
Elections
Congressional Power over Presidential Elections: Lessons from the Past and Reforms for the Future (with Edward J. Larson), William and Mary Law Review (2002)
Presidential election controversies are nothing new. They have plagued our republic since 1801, when the...
Taxation
Suspect Linkage: The Interplay of State Taxing and Spending Measures in the Application of Constitutional Antidiscrimination Rules (with Walter Hellerstein), Michigan Law Review (1997)
This article examines an important and recurring question that courts frequently resolve, but rarely analyze:...
State User Fees and the Dormant Commerce Clause, Vanderbilt Law Review (1997)
This Article considers the interplay of two central tenets of the U.S. Supreme Court's dormant...
Commerce Clause Restraints on State Business Development Incentives (with Walter Hellerstein), Cornell Law Review (1996)
In this Article, we explore the ill-defined distinction between the constitutional carrot and the unconstitutional...
Commerce Clause
State User Fees and the Dormant Commerce Clause, Vanderbilt Law Review (1997)
This Article considers the interplay of two central tenets of the U.S. Supreme Court's dormant...
Commerce Clause Restraints on State Business Development Incentives (with Walter Hellerstein), Cornell Law Review (1996)
In this Article, we explore the ill-defined distinction between the constitutional carrot and the unconstitutional...
The Impact of the Garcia Decision on the Market-Participant Exception to the Dormant Commerce Clause, University of Illinois Law Review (1995)
In National League of Cities v. Usery, the Supreme Court recognized a strong state-sovereignty-based limit...
Untangling the Market-Participant Exemption to the Dormant Commerce Clause, Michigan Law Review (1989)
There is no theme more familiar to constitutional law than the clash between federal power...
Law and Literature
Means/Ends Analysis in Copyright Law: Eldred v. Ashcroft in One Act (with Paul J. Heald), Loyola of Los Angeles Law Review (2002)
Scene: The quiet hallway of a law school. A troubled young professor of Intellectual Property...
Of Pitcairn's Island and American Constitutional Theory, William and Mary Law Review (1997)
Few tales from human experience are more compelling than that of the mutiny on the...
Uniform Commerical Code
Priorities in Accounts: The Crazy Quilt of Current Law and a Proposal for Reform, Vanderbilt Law Review (1992)
Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor....
The Priority Rules of Article Nine (with Albert J. Givray, Deborah McLean Quinn, and Paul Hilton), Cornell Law Review (1977)
Priorities. The very word sends chills down the sane lawyer's spine. But if fear and...
State and Local Government Law
The Supreme Court's Municipal Bond Decision and the Market-Participant Exception to the Dormant Commerce Clause, ExpressO (2009)
Does it violate the dormant Commerce Clause for a state to exempt interest earned on...
Taxation-State and Local
The Supreme Court's Municipal Bond Decision and the Market-Participant Exception to the Dormant Commerce Clause, ExpressO (2009)
Does it violate the dormant Commerce Clause for a state to exempt interest earned on...
Intellectual Property
Means/Ends Analysis in Copyright Law: Eldred v. Ashcroft in One Act (with Paul J. Heald), Loyola of Los Angeles Law Review (2002)
Scene: The quiet hallway of a law school. A troubled young professor of Intellectual Property...