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David Gray* Introduction The vast majority of current Fourth Amendment doctrine is unfounded, incoherent, and dangerous. The culprit is the Supreme Court’s 1967 decision in Katz v. United States, which defines ...

Kent Barnett* & Christopher J. Walker** This Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevron deference—the doctrine under ...

Eve Brensike Primus* Modern state postconviction review systems feature procedural labyrinths so complicated and confusing that indigent defendants have no realistic prospect of complying with the rules. When ...

Andrea Amulic* American prosecutors routinely offer deferred-prosecution and nonprosecution agreements to corporate defendants, but not to noncorporate defendants. The drafters of the Speedy Trial Act expressly ...

Emma Ellman-Golan* In 2011, the Department of Education’s Office of Civil Rights (OCR) issued guidance on Title IX compliance. This guidance has resulted in the creation of investigative and adjudicatory tribunals ...

Kent Barnett* & Christopher J. Walker** For our empirical study on the use of Chevron deference in the federal courts of appeals, we utilized the following Codebook. This Codebook draws substantially from the ...

Gillian E. Metzger* & Kevin M. Stack** For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law ...

Jean Galbraith* Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced ...

Spencer Klein* In Smith v. Doe, the Supreme Court held that Alaska’s sex offender registration and notification statute did not constitute punishment and was therefore not susceptible to challenge under the Ex ...

René Reyes* Introduction In June 2016, participants in a United Kingdom referendum voted to leave the European Union (EU) by a margin of 52% to 48%.[1] The timing and terms of Britain’s exit (commonly known as ...