June 13, 2016
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Alexander S. Birkhold* Concerns about the reliability of criminal justice systems in foreign countries have resulted in uneven treatment of foreign convictions in U.S. courts.[1] Federal courts, however, have ...
May 17, 2016
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Erik Encarnacion* Brothers Henry McCollum and Leon Brown were tried and convicted for the rape and murder of an 11-year-old girl. McCollum faced the death penalty, Brown life incarceration. Roughly thirty years ...
April 5, 2016
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David M. Shapiro* Prisoners’ rights lawyers have long faced a dismal legal landscape. Yet, 2015 was a remarkable year for prison litigation that could signal a new period for this area of law—the Supreme ...
April 1, 2016
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Gil Seinfeld* Everyone has strong feelings about Justice Scalia. Lionized by the political right and demonized by the left, he has been among the most polarizing figures in American public life over the course of ...
January 28, 2016
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Allison Anna Tait* Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that ...
January 5, 2016
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Leah M. Litman* Johnson v. United States held that the “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague.[1] Since Johnson was decided six months ago, courts have been sorting ...
December 1, 2015
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Michael A. Carrier* The case of O’Bannon v. NCAA[1] has received significant attention. On behalf of a class of student-athletes, former college basketball star Ed O’Bannon sued the NCAA, challenging rules that ...
November 2, 2015
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Christopher J. Walker* We now live in a regulatory world, where the bulk of federal lawmaking takes place at the bureaucratic level. Gone are the days when statutes and common law predominated. Instead, federal ...
October 24, 2015
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Brian L. Owsley* Recently, the Supreme Court issued a 5-4 decision in City of Los Angeles v. Patel striking down a city ordinance that required hotel and motel owners to make their guest registries available to ...
October 12, 2015
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Krista M. Pikus* On June 26, 2014, the Supreme Court unanimously decided NLRB v. Noel Canning, holding that the Recess Appointments Clause[1] authorizes the president “to fill any existing vacancy during any ...