Volume 69 (2019-2020)

Volume 69, Number 8 – May 2020

Posted on May 6th, 2020

Foreword The Symposium at Fifty Randolph May PDF Introduction Charting the New Landscape of Administrative Adjudication Christopher J. Walker PDF Articles Regulating Impartiality in Agency Adjudication Kent Barnett PDF Which should prevail—the Take Care Clause of Article II or the Due Process Clause? To Justice Breyer’s chagrin, the majorities in Lucia v. SEC and Free Continue Reading »

Volume 69, Number 7 – April 2020

Posted on April 7th, 2020

Fees, Fines, Bail, and the Destitution Pipeline Brandon L. Garrett, Sara S. Greene & Marin K. Levy PDF Articles Toward a Demosprudence of Poverty Monica Bell, Stephanie Garlock & Alexander Nabavi-Noori PDF This Article describes the rift between a due-process-focused jurisprudence on legal–financial obligations—the centerpiece of the current fight against criminalization of poverty—and the substantive Continue Reading »

Volume 69, Number 6 – March 2020

Posted on February 24th, 2020

Articles Transferable Sovereignty: Lessons from the History of the Congo Free State Joseph Blocher & Mitu Gulati PDF In November 1908, the international community tried to buy its way out of the century’s first recognized humanitarian crisis: King Leopold II’s exploitation and abuse of the Congo Free State. And although the oppression of Leopold’s reign Continue Reading »

Volume 69, Number 5 – February 2020

Posted on February 3rd, 2020

Articles State Attorneys General as Agents of Police Reform Jason Mazzone & Stephen Rushin PDF State attorneys general can and should play an important role in remedying police violations of constitutional rights. In 1994, Congress enacted 34 U.S.C. § 12601 to authorize the U.S. attorney general to seek equitable relief against state and local police Continue Reading »

Volume 69, Number 4 – January 2020

Posted on January 10th, 2020

Articles Prescription-Drug Policing: The Right To Health Information Privacy Pre- and Post-Carpenter Jennifer D. Oliva PDF This Article operates at the intersection of privacy law, Fourth Amendment doctrine, and prescription-drug surveillance instigated by the U.S. drug-overdose crisis. Reputable reporting sources frequently frame that ongoing crisis as a prescription-drug-overdose “epidemic.” Current epidemiological data, however, indicate that Continue Reading »

Volume 69, Number 3 – December 2019

Posted on December 4th, 2019

Articles Understanding the (Ir)relevance of Shareholder Votes on M&A Deals James D. Cox, Tomas J. Mondino & Randall S. Thomas PDF Has corporate law and its bundles of fiduciary obligations become irrelevant? Over the last thirty years, the American public corporation has undergone a profound metamorphosis, transforming itself from a business with dispersed ownership to Continue Reading »

Volume 69, Number 2 – November 2019

Posted on November 5th, 2019

Articles Beyond Bias in Diversity Jurisdiction Scott Dodson PDF The long-running debate over the propriety and proper scope of diversity jurisdiction has always centered on the traditional justification for diversity jurisdiction: the need to avoid actual or perceived state court bias against out-of-state parties. Supporters of diversity jurisdiction assert that such bias continues to justify Continue Reading »

Volume 69, Number 1 – October 2019

Posted on October 4th, 2019

Articles Jurisdiction Stripping Circa 2020: What The Dialogue (Still) Has to Teach Us Henry P. Monaghan PDF Since its publication in 1953, Henry Hart’s famous article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic , subsequently referred to as simply “The Dialogue,” has served as the leading scholarly Continue Reading »