By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, and control of their…

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By Timothy M. Sullivan. Full text here. The credit rating agencies remain under intense scrutiny amidst the current financial crisis. Congress is currently considering multiple proposals to alter the federal regime for regulating rating agencies. Meanwhile, large-scale investors such as the California Public Employees Retirement Services (CalPERS) have commenced major litigation to recover losses allegedly suffered…

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By David Weissbrodt & Nathaniel H. Nesbitt. Full text here. In the absence of a single authoritative mechanism to interpret humanitarian law, a number of treaty bodies, national courts, regional human rights courts/commissions, international tribunals, and thematic mechanisms have been called upon to address humanitarian law issues. Prime among these institutions is the U.S. Supreme Court.…

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By Maya Steinitz. Full text here. Third-party litigation funding, or litigation finance, is a new industry composed of institutional investors who invest in litigation by providing finance in return for an ownership stake in a legal claim and a contingency in the recovery. Its emergence has been recognized as one of the most significant developments in…

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By Michael Steven Green. Full text here. The Erie doctrine is usually understood as a limitation on federal courts’ power. The Article concerns the unexplored role that the Erie doctrine has in limiting the power of state courts. According to Erie Railroad Co. v. Tompkins, a federal court must follow state supreme court decisions when interpreting…

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By Allan Erbsen. Full text here. The Article is the first to systematically consider the Constitution’s identification, definition, and integration of the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution, commentators…

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By Monica Patel. Full text here. Trade preference programs lower trade barriers for developing countries and open opportunities in consumer-driven markets which, in turn, increases their trade and economic growth. One example of a trade preference program in the United States is the Generalized System of Preferences (GSP) program that provides duty-free treatment for about 4800…

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By Karen E. Nelson. Full text here. The sentencing of Bernard Madoff in 2008 closed a chapter in the saga of one of the most extensive and destructive Ponzi schemes in American history. But the fallout from the fraud is just beginning. While every investor in a Ponzi scheme suffers financially once the fraud is exposed,…

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By Justin Goetz. Full text here. Due process protections for defendants vary greatly between the numerous federal agencies vested with civil enforcement powers. Many of these agencies fail to provide defendants with basic safeguards, including the protections available in the Federal Rules of Criminal Procedure. As federal administrative agencies continue to increase both the scope of…

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