Jun 3, 2018 | Volume 69, Issue 5
Kaleigh E. Aucoin Volume 69, Issue 5, 1433-1469 The United States government’s use of what it refers to as “Network Investigative Tools,” presents several constitutional and privacy-related issues. Revelations stemming from the use of these NITsa form of...
May 26, 2018 | Volume 69, Issue 4
Ignacio N. Cofone & Adriana Z. Robertson Volume 69, Issue 4, 1039-1098 Privacy loss is central to privacy law scholarship, but a clear definition of the concept remains elusive. We present a model that both captures the essence of privacy loss and can be easily...
May 26, 2018 | Volume 69, Issue 4
JD Hsin Volume 69, Issue 4, 1099-1146 For more than half a century the heckler’s veto has been a source of provocation. On the one hand, there now appears to be widespread consensus among courts and commentators that allowing police to shut down a provocative speaker...
May 26, 2018 | Volume 69, Issue 4
Noah M. Kazis Volume 69, Issue 4,1147-1223 The bicameral legislature is a cornerstone of the Madisonian system, a basic assumption of American constitutionalism. But a different constitutional vision is hidden in plain sight. Of the more than 90,000 local governments...
May 26, 2018 | Volume 69, Issue 4
David Kwok Volume 69, Issue 4, 1225-1269 When employers retaliate against whistleblowers, courts and agencies often treat the retaliation as a private employment dispute best resolved by the whistleblower and employer. This cramped view of retaliation disregards...
May 26, 2018 | Volume 69, Issue 4
Nancy Morawetz Volume 69, Issue 4, 1271-1310 In the first year of the Trump Administration, the courts played a critical role in reviewing and shaping federal immigration policy. When nonprofits and states filed prominent cases challenging the “travel ban,” the public...
May 26, 2018 | Volume 69, Issue 4
Joseph G. Marano Volume 69, Issue 4, 1311-1332 Courts have consistently interpreted section 230 of the Communications Decency Act (“CDA”) as shielding internet service providers from liability for defamatory content posted by users. This is a significant departure...
Apr 6, 2018 | Volume 69, Issue 3
Rebecca Aviel Volume 69, Issue 3, 721-769 We live in a moment of intense preoccupation with both marriage and federalism, one that is likely to persist well beyond the Supreme Court’s ruling in Obergefell v. Hodges. The decision served to reify marriage as a site of...
Apr 6, 2018 | Volume 69, Issue 3
Joshua M. Divine Volume 69, Issue 3, 771-834 Sentencing disparity among similar offenders has increased at a disconcerting rate over the last decade. Some judges issue sentences twice as harsh as other judges on the same court, so a defendant’s sentence often depends...
Apr 6, 2018 | Volume 69, Issue 3
Matteo Gatti Volume 69, Issue 3, 835-924 Shareholder approval in mergers generally takes a long time, but is it necessary? This Article finds that in the context of mergers, the approval requirement is not nearly as valuable a procedure as we might expect. I analyze...
