University of Southern California

Volume 78, Number 2 (January, 2005)

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    Constitutionalism in the Streets
    Article by Gary D. Rowe

    This Article embarks on a reconstruction of constitutionalism in the early American Republic through a microhistorical case study of United States v. Peters, the first Supreme Court decision to strike down a state law. In the last half century, the Supreme Court has repeatedly asserted that it is the “ultimate expositor of the constitutional text.” From Cooper v. Aaron to United States v. Morrison, the Court has invoked no less than the authority of Chief Justice John Marshall and his opinion in...

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    On Software Regulation
    Article by R. Polk Wagner

    This Article develops a novel analytic framework for the evaluation of regulatory policy in cyberspace, flowing from a reconceptualization of cyberlaw’s central premise: software code as complementary to law rather than its substitute. This approach emphasizes the linkage between law and software; for every quantum of legal-regulatory impact, there is a corresponding equilibrium of regulation-by-software. The absence of a legal right will stimulate a technological response – and such incentives...

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    Corporate Inversions: A Symptom of a Larger Problem, the Corporate Income Tax
    Note by James Mann

    A corporate inversion is a paper transaction in which an American corporation reincorporates in a foreign nation without moving any of its operations to that country. The principle reason that a corporation will invert is to save money on taxes, in some cases as much as $60 million annually. Politicians, believing these companies are reincorporating in a foreign country to evade taxes, have introduced numerous bills to try to stop these companies from moving overseas. Senator John Kerry, the 200...

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    Free the Music: Rethinking the Role of Copyright in an Age of Digital Distribution
    Note by David Nelson

    “We are at a moment in our history at which the terms of freedom and justice are up for grabs.” Every major innovation in the history of communications – the printing press, radio, telephone – saw a brief open period before the rules of its use were determined and alternatives were eliminated. “The Internet is in that space right now.” The technology of the Internet has revolutionized communication and information distribution throughout the world. The direction of this revolution, however, w...

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