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This Essay explores the emerging literature on the negotiation of structural constitutional governance, to which Professor Aziz Huq has made an important contribution in The Negotiated Structural Constitution.1 In the piece, Professor Huq reviews the negotiation of constitutional entitlements and challenges the conventional wisdom about the limits of political bargaining as a means of allocating authority among the three branches of government.2 Building on his previous structural-governance research,3 he argues that constitutional ambiguities in the horizontal allocation of power are best resolved through legislative–executive nego-
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Professors Jessica Bulman-Pozen and David Pozen (BP&P) strikingly identify and intriguingly elaborate a new category of political dissent, uncivil obedience, which they propose serves as a complement to the betterknown political category civil disobedience.1 Civil disobedience familiarly involves law-breaking that aims not at impunity but rather legal reform and thus arises in the context of re...
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Ever since its genesis in the Supreme Court’s famous decision in International News Service v. Associated Press,1 the “hot news” misappropriation doctrine has had to fight for its survival. First came Judge Learned Hand, who in a series of opinions, took the position that International News did not lay down a “general doctrine,” but was instead meant to be limited to the peculiarities of the ne...
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