Volume 53, No. 2, 2005


Constitutive Commitments and Roosevelt’s Second Bill of Rights:
A Dialogue

Cass R. Sunstein & Randy E. Barnett

Lawrence Beyond Gay Rights: Taking the Rationality Requirement for Justifying
Criminal Statutes Seriously

Donald L. Beschle

Has the Seductive Siren of Judicial Frugality Ceased to Sing?:
Dataflux and Its Family Tree

Taylor Simpson-Wood

Developing a Consistent Standard for Evaluating a Retaliation Case Under Federal and State Civil
Rights Statutes and State Common Law Claims: An Iowa Model for the Nation

Scott Rosenberg & Jeffrey Lipman


The State of the Nation, Not the State of the Record: Finding Problems with Judicial
“Review” of Eleventh Amendment Abrogation Legislation

Bryan Dearinger



The Insurable Interest Requirement for Life Insurance: A Critical Reassessment
Peter Nash Swisher


Terrorism Coverage and the United States Insurance Industry:
an International Inquiry in Search of a Long Term Solution

Tara Zager