The Board of Editors is pleased to present Issue 2 of the 2014 Volume of the Illinois Law Review.
First, Professor Owens et al. furthers the scholarship on Senatorial obstruction of federal court nominations by examining archival data and empirical evidence to shed light on the underlying friction between the legislative and executive branches. By specifically examining blue slip obstruction the authors discover blocking of both unqualified and ideologically distant nominees. Furthermore, the authors find that nominees to federal circuit courts are blocked just as frequently for ideological reasons as they are for their qualification. Ultimately, “stellar qualifications do not appear to mitigate the negative effects of ideological distance.”
Next, Professor Hoffman addresses recent concerns regarding private contracting around the rules of civil procedure. After an exploration into a large number of agreement databases, the pervasiveness of contracting around procedural defaults appears to be minimal. Professor Hoffman draws from the recent scholarship pertaining to contract innovation to explain this counter-intuitive result.
Next, Professor Koppelman provides a novel presentation and critique of both consequentialist and nonconsequentialist arguments against same-sex marriage. Do either of their arguments have merit?
In the final article, Professor Myers presents new empirical evidence demonstrating that serious intra-corporate disputes at public companies now attract lawsuits in multiple fora. This Article proposes to fix multi-forum shareholder litigation by creating a clear and simple mechanism for coordinating similar cases in different court systems.