Toward a Constitutional Chevron: Lessons from Rapanos
In 2006, the Supreme Court started a revolution in environmental law. In Rapanos v. United States, while addressing jurisdiction over… Continue reading →
Volume 160 (2011-2012)
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Facebook, Twitter, and the Uncertain Future of Present Sense Impressions
The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms.… Continue reading →
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Adaptable Due Process
The requirements of procedural due process must adapt to our constantly changing world. Over thirty years have passed since the… Continue reading →
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All Alone in Arbitration: AT&T Mobility v. Concepcion and the Substantive Impact of Class Action Waivers
On April 27, 2011, the Supreme Court announced its decision in AT&T Mobility LLC v. Concepcion, one of the most… Continue reading →
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Searching Secrets
A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure… Continue reading →
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Making Sense of Section 2: Of Biased Votes, Unconstitutional Elections, and Common Law Statutes
This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act’s core provision of… Continue reading →
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Construing Crane: Examining How State Courts Have Applied its Lack-of-Control Standard
The Supreme Court recently upheld the constitutionality of a federal statute that authorizes the Department of Justice to civilly commit… Continue reading →
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Freedom for the Press as an Industry, or For the Press as a Technology? From the Framing to Today
“[T]he freedom . . . of the press” specially protects the press as an industry, which is to say newspapers,… Continue reading →
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Pills and Partisans: Understanding Takeover Defenses
Corporate takeover defenses have long been a focal point of academic and popular attention. However, no consensus exists on such… Continue reading →
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Navigating a Legal Dilemma: A Student’s Right To Legal Counsel In Disciplinary Hearings for Criminal Misbehavior
In recent years, school violence has repeatedly shocked the immediately affected communities and the entire country. While the shootings at… Continue reading →