Note: Stifled Justice: The Unauthorized Practice of Law and Internet Legal Resources
By Mathew Rotenberg. Full text here. Advances in computer technology are effectively commoditizing the law and revolutionizing the ways in which individuals seek and receive legal services. Internet Legal Providers (ILPs) present tremendous potential for increased access to legal services, which is vital to an increasing number of unrepresented litigants, as well as to combat shrinking…
Continue ReadingNote: Jurisprudential Innovation or Accountability Avoidance? The International Criminal Court and Proposed Expansion of the African Court of Justice and Human Rights
By Kristen Rau. Full text here. From Nuremburg to The Hague, international criminal justice has evolved dynamically and at times unpredictably. Among recent developments is a proposal to expand the subject matter jurisdiction of the African Court of Justice and Human Rights (ACJHR) to include a mandate to prosecute individuals for serious international crimes. Expansion of…
Continue ReadingNote: Warrantless Search Cases Are Really All the Same
By Will Stancil. Full text here. Fourth Amendment jurisprudence confounds. Even with thousands of cases and hundreds of repeated fact patterns to rely on, courts are not able to come up with consistent rules. In order to address the problem, this Note proposes a new way of thinking about warrantless searches. It ignores the debate over…
Continue ReadingNote: It Can Do More Than Protect Your Credit Score: Regulating Social Media
By Nathan J. Ebnet. Full text here. A growing number of employers are factoring job candidates’ social media profiles into their hiring decisions. Employers value social media pre-employment screening because it provides access to previously unobtainable applicant information. However, job candidates are wary of social media pre-employment screening due to concerns over the trustworthiness and authenticity…
Continue ReadingNote: Judicial Review of SEC Rules: Managing the Costs of Cost-Benefit Analysis
By Rachel A. Benedict. Full text here. In the past seven years, the D.C. Circuit has vacated three Securities and Exchange Commission (SEC) rules for failing to conduct an adequate cost-benefit analysis. This string of cases culminated on July 11, 2011 when the D.C. Circuit overturned the SEC’s new proxy access rule. Strict judicial scrutiny of…
Continue ReadingNote: Loaded Questions: A Suggested Constitutional Framework for the Right to Keep and Bear Arms
By Reid Golden. Full text here. Recent developments in the interpretation of the Second Amendment left unanswered questions regarding the scope of the constitutional guarantee of armed self-defense. Most importantly, neither District of Columbia v. Heller nor McDonald v. City of Chicago set a firm standard for determining the constitutionality of gun-control laws. This determination is…
Continue ReadingNote: Juveniles Locked in Limbo: Why Pretrial Detention Implicates a Fundamental Right
By Shana Conklin. Full text here. At the birth of the juvenile court, reformers attempted to develop a system that melded child welfare concerns with crime control. Despite the founders’ original intentions, however, the juvenile court system has moved away from the therapeutic model to a punitive model. The increasingly punitive nature of the system…
Continue ReadingNote: Plausible Defenses: Historical, Plain Meaning, and Public Policy Arguments for Applying Iqbal and Twombly to Affirmative Defenses
By Matthew J.M. Pelikan. Full text here.
Continue ReadingNote: What “Being a Watchdog” Really Means: Removing the Attorney General from the Supervision of Charitable Trusts
By Kelly McNabb. Full text here.
Continue ReadingNote: Ugly on the Inside: An Argument for a Narrow Interpretation of Employer Defenses to Appearance Discrimination
By Mila Gumin. Full text here .
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