Print Issue Volume 91 - No. 5

“Macro-Transparency” as Structural Directive: A Look at the NSA Surveillance Controversy

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The Death of FISA

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The Untold Story of al Qaeda’s Administrative Law Dilemmas

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Immigration Reform, National Security After September 11, and the Future of North American Integration

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The Preventive Paradigm and the Perils of Ad Hoc Balancing

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The Political Constitution of Emergency Powers: Some Lessons from Hamdan

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An Anti-Authoritarian Constitution? Four Notes

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Hamdan and Common Article 3: Did the Supreme Court Get It Right?

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Congress, the Supreme Court, and Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy by Placing Limits on Federal Court Jurisdiction

By turning a statute limiting court jurisdiction into a delegation of power by Congress to the Supreme Court, the Hamdan v. Rumsfeld opinion is a political masterstroke. This Essay explains why “the least dangerous branch” felt empowered to ignore congressional limits on its authority, repudiate presidentially created military tribunals, and conclude that the Geneva Convention […]

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Note, Clear Support or Cause for Suspicion? A Critique of Collective Scienter in Securities Litigation

This Note takes the position that emerging collective scienter theory may bar courts from attributing liability for securities fraud under SEC Rule 10b-5 directly to a corporation. Recent developments under the Private Securities Litigation Reform Act (PSLRA) seek to strengthen pleading standards in securities litigation by requiring that a plaintiff plead a strong inference of […]

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De Novo

  • Prison for the Innocent

    PRISON FOR THE INNOCENT: THE ‘NEWLY DISCOVERED EVIDENCE’ STANDARD THROUGH THE LENS OF NASH V. RUSSELL By: Alexa Ely, Volume 102 Staff Member Since 1989, there have been over 2,120 exonerations with nearly 18,450 years lost in prison by innocent men and women in the United States criminal justice system.[1] […]

  • “Transgender Need Not Apply”

    ‘TRANSGENDER NEED NOT APPLY’[1]: HOW THE SESSIONS MEMO THREATENS ESSENTIAL WORKPLACE PROTECTIONS FOR TRANSGENDER INDIVIDUALS By: Libby Bulinski, Volume 102 Staff Member On October 4th, 2017, U.S. Attorney General Jeff Sessions issued a memorandum stating that Title VII of the 1964 Civil Rights Act does not prohibit discrimination based on […]

  • Scandal in the NCAA

    SCANDAL IN THE NCAA: A FIDUCIARY TALE By: Andrew Escher, Volume 102 Staff Member Common wisdom holds that sports bring people together. In circumstances as varied as a Texas high school at a Friday night football game or an entire country during the Olympics, athletics gives disparate groups of people […]


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