Category Archives: Current Issue: Articles

Does the Individual Mandate Coerce?

BY RAPHAEL BOLESLAVSKY & SERGIO J. CAMPOS — The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of this individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to […]

Supermarkets in India: Struggles over the Organization of Agricultural Markets and Food Supply Chains

BY AMY J. COHEN — This article analyzes the conflicts and distributional effects of efforts to restructure food supply chains in India. Specifically, it examines how large retail corporations are presently attempting to transform how fresh produce is produced and distributed in the “new” India — and efforts by policymakers, farmers, and traders to resist […]

FUTURLAWMA: 21st Century Solutions to 31st Century Problems

BY JUSTIN S. WALES — Having been inadvertently frozen in a cryogenic chamber for 1,000 years, Philip J. Fry finds himself facing the all-too-common fictional dilemma of adjusting to life in the distant future. Unequipped for the 31st Century, Fry joins the rag-tag group of humans, mutants, robots, Martians, and anthropomorphic crustaceans that work for […]

Shoot To Kill: A Critical Look At Stand Your Ground Laws

BY TAMARA RICE LAVE — On November 14, 2007, 61-year-old retiree Joe Horn called 911 to report that two African-American men had broken into the house next door to him in Pasadena, Texas. Two months earlier, on September 1, Texas’ recently enacted Castle Law (modeled on Florida’s Stand Your Ground law) went into effect. Horn […]

Teague New Rules Must Apply In Initial-Review Collateral Proceedings: The Teachings of Padilla, Chaidez and Martinez

BY REBECCA SHARPLESS & ANDREW STANTON — In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their non-citizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime. After his conviction became final, he filed a state […]