Volume 63, Number 3 – December 2013

Articles

Inferring Desire
Jessica A. Clarke
PDF

In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results.

The Paper Chase: Securitization, Foreclosure, and the Uncertainty of Mortgage Title
Adam J. Levitin
PDF

The mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were straightforward and uncontroversial a generation ago today threaten the stability of a $13 trillion mortgage market: Who has standing to foreclose?

Notes

Cell Phones, Police Recording, and the Intersection of the First and Fourth Amendments
Conor M. Reardon
PDF

Fourth Amendment doctrine generally permits the warrantless seizure of cell phones used to record violent arrests, on the theory that the recording contains evidence of a crime. However, otherwise reasonable seizures can become unreasonable when they threaten free expression, and seizures of cell phones used to record violent arrests are of that stripe.

Getting SLAPP-ed in Federal Court: Applying State Anti-SLAPP Special Motions to Dismiss in Federal Court After Shady Grove
Katelyn E. Saner
PDF

In recent years, dozens of states have enacted anti-Strategic Lawsuits Against Public Participation (SLAPP) laws to counter SLAPP suits, or lawsuits filed to silence a defendant who has spoken out against a plaintiff. It is well established that a federal court sitting in diversity applies state substantive law and federal procedural rules. Following the Supreme Court’s opinion in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., however, it is unclear whether the state-level anti-SLAPP special motions to dismiss should apply in federal courts.

Volume 63, Number 3 – December 2013

Articles

Inferring Desire
Jessica A. Clarke
PDF

In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results.

The Paper Chase: Securitization, Foreclosure, and the Uncertainty of Mortgage Title
Adam J. Levitin
PDF

The mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were straightforward and uncontroversial a generation ago today threaten the stability of a $13 trillion mortgage market: Who has standing to foreclose?

Notes

Cell Phones, Police Recording, and the Intersection of the First and Fourth Amendments
Conor M. Reardon
PDF

Fourth Amendment doctrine generally permits the warrantless seizure of cell phones used to record violent arrests, on the theory that the recording contains evidence of a crime. However, otherwise reasonable seizures can become unreasonable when they threaten free expression, and seizures of cell phones used to record violent arrests are of that stripe.

Getting SLAPP-ed in Federal Court: Applying State Anti-SLAPP Special Motions to Dismiss in Federal Court After Shady Grove
Katelyn E. Saner
PDF

In recent years, dozens of states have enacted anti-Strategic Lawsuits Against Public Participation (SLAPP) laws to counter SLAPP suits, or lawsuits filed to silence a defendant who has spoken out against a plaintiff. It is well established that a federal court sitting in diversity applies state substantive law and federal procedural rules. Following the Supreme Court’s opinion in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., however, it is unclear whether the state-level anti-SLAPP special motions to dismiss should apply in federal courts.