By Jeffrey C. Dobbins. Full text here. Appellate review is limited, almost by definition, to consideration of the factual record as established in the trial court. Adhering to this record review principle, appellate courts generally reject out of hand any effort to supplement the appellate record with evidence that was not considered by the court below.…

By Thomas B. Colby. Full text here. President Obama has repeatedly stated that he views a capacity for empathy as an essential attribute of a good judge. And conservatives have heaped mountains of scorn upon him for saying so—accusing him of expressing open contempt for the rule of law. This Article seeks to offer a sustained…

By Oona A. Hathaway, Rebecca Crootof, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, and Julia Spiegel. Full text here. Which law governs during armed conflict—human rights law or humanitarian law? This Article aims to answer that question. It draws on jurisprudence, state practice, and recent scholarship to describe three possible approaches to applying the two…

By Alberto R. Gonzales. Full text here. The concerns over another terrorist attack, a sluggish economic recovery, high unemployment rates, and state and local budget deficits have propelled immigration policy to the forefront of political debate in the United States. America’s current approach to immigration is an abject failure, undermining the rule of law and our…

By Cleta Mitchell. Full text here.

By Kenneth Goldstein, David A. Schweidel, & Mike Wittenwyler. Full text here.

By Spencer Overton. Full text here.

By Richard Briffault. Full text here.

By Melissa Mortazavi. Full text here. The Article argues that practical labor issues and ethical issues are inherently intertwined in the legal profession. Despite the widespread acknowledgment that there is an underlying tension between how private practice is conducted and the values lawyers hold, the issue of how to remedy modern legal practice ethically is misunderstood…

By Jerome H. Reichman & Ruth L. Okediji. Full text here. Automated knowledge discovery tools have become central to the scientific enterprise in a growing number of fields and are widely employed in the humanities as well. New scientific methods, and the evolution of entirely new fields of scientific inquiry, have emerged from the integration of…