By Neal Devins. Full text here. 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…
By Jules Lobel. Full text here.
By Kevin R. Johnson & Bernard Trujillo. Full text here.
By Fionnuala Ní Aoláin. Full text here.
By Mariano-Florentino Cuéllar. Full text here.
By William C. Banks. Full text here.
By Heidi Kitrosser. Full text here.
By Mark Tushnet. Full text here.
By Kevin M. O’Riordan. Full text here. 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…
By Patrick O. Gudridge. Full text here.