Tag Archives: Volume 37

The Significance of the Shift Toward As-Applied Challenges in Election Law

Election law is experiencing immense change. The Supreme Court’s recent approach to election law cases has significant implications for the scope of the right to vote and the meaning of political participation and self-governance. This Article examines the importance of … Continue reading

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Pro Bono Publico in a Parallel Universe: The Meaning of Pro Bono in Solo and Small Law Firms

The organized bar is increasingly providing pro bono legal assistance to the more than fifty million people of limited means in the United States. 1 In 2008, the 200 highest grossing law firms in the United States contributed a record … Continue reading

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Facts Do Matter: A Reply to Bagenstos

Before the ink had dried on our critical assessment of new empirical research on implicit bias, 1 Professor Samuel Bagenstos had critiqued our critique. 2 Unfortunately, Bagenstos resorted to an old rhetorical gambit: refute a caricature of an opponent’s position … Continue reading

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RIGHTS OF THE DEAD

Many legal rules suggest that the dead do not have rights. Often, the dead cannot marry, 1 divorce, or vote. The executor of an estate cannot sue for the libel or slander of a deceased person. And the right to … Continue reading

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SEC Rule 10B5-2: A Call for Revitalizing the Commission’s Efforts in the War on Insider Trading

It is well known that the Securities and Exchange Commission (“SEC” or the “Commission”) is the administrative agency that regulates insider trading in the United States’ financial markets. 1 It is also well known that insider trading law is notoriously … Continue reading

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The End of an Era: Closing the Exclusionary Debate Under Herring v. United States

For nearly a century, aggressive judicial correction of government abuses has protected individual privacy rights. Favoring result over method, many of the Supreme Court’s remedies attract harsh criticism for their heavy-handed but uncertain application—subject to constant metamorphoses while maintaining a … Continue reading

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Resolving the Conflict Between Jewish and Secular Estate Law

Fred and Judith are an observant Jewish couple. They have two children, David and Esther. The majority of their million dollars in assets, which comprise their life savings, are in Fred’s name, as is the interest they will use to … Continue reading

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Cracking Open the Golden Door: Revisiting U.S. Asylum Law’s Response to China’s One-Child Policy

The United States has a long and rich history of protecting those individuals fleeing persecution. The first immigrants came because of religious persecution; more later came because they were being persecuted for their political opinions. Congress even extended protection to … Continue reading

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What’s So Civil About Civil Commitment?: Balancing the State’s Interest in Treating Substance Dependence with the Protection of Individual Liberty Interests

In many ways, Natalie Ciappa’s senior year at a Long Island high school was like that of every other senior. She spent time with her brothers and with friends. She enjoyed watching horror movies with her family. She was a … Continue reading

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Cooperative Federalism and Wind: A New Framework for Achieving Sustainability

Since taking office in January 2009, President Barack Obama has made energy independence a national priority, calling upon Americans to “confront[] our dependence on foreign oil, address[] the moral, economic and environmental challenge of global climate change, and build[] a … Continue reading

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