By Nina Liao. Full text here. The U.S. bankruptcy system has served as a safety net for millions of Americans for the last 110 years, but it failed to rescue homeowners in the ongoing recession. Amid fiery allegations and accusations, economists and bankruptcy judges debate the controversial modification of loans, a process called cram-down. Cram-down is…

By David A. Couillard. Full text here. It took nearly a century after the invention of the telephone for the Supreme Court to recognize that the Fourth Amendment could be applied to the content of private telephone conversations. Today, the Internet is in a similar state of limbo, with courts reluctant to grant Fourth Amendment protection…

By Marie Quasius. Full text here. Native American women suffer sexual assault at a much higher rate and with more serious consequences than any other racial or ethnic group in the United States. Further, such rapes are overwhelmingly committed by individuals outside the Native American community. Most non-Indian perpetrators, however, go unpunished. The Supreme Court decision…

By Joseph C. Hansen. Full text here. When Congress passed the Military Commissions Act of 2006 (MCA) to create a military commission system to try detainees held at Guantánamo Bay, it granted the Secretary of Defense the authority to detail the procedural and evidentiary rules. In response, the Secretary promulgated the Manual for Military Commissions (MMC),…

By Michael D. Schoepf. Full text here. The judiciary may be the oft-forgotten third-branch of government, but judges still face ample criticism from the media and the public just like their colleagues in the legislative and executive branches. Unlike their colleagues however, judges cannot respond with glossy public relations campaigns because of judicial rules that severely…

By Y. Angela Lam. Full text here. Every year, consumers purchase about $80 billion in gift cards, only to lose $8 billion loaded on those cards because of expiration dates and service fees that deplete the value of the cards. State legislators have tried to protect consumers by passing laws that would prohibit or limit the…

By Kyle Hawkins. Full text here. In September, 2007, a federal court struck down the nondisclosure provisions of the Electronic Communications Privacy Act (ECPA), which governed the use of national security letters (NSLs). While civil liberties groups praised the decision, the FBI mourned the loss of a crucial tool in its antiterrorism investigations. Indeed, the FBI…

By Peter M. Kohlhepp. Full text here. Abstract inventions continue to confound the patent system. Several recent Federal Circuit decisions have only added to the uncertainty surrounding limitations on the type of inventions that may be patented. Computer algorithms capable of independent, artificial creativity provide a useful case study, revealing weaknesses in the law governing patentable…

By Anna Richey-Allen. Full text here. When a child is suspected of being sexually abused, child advocacy centers provide a supportive environment where social workers, doctors, and psychologists may assess the child’s needs. Forensic interviews are a specialty of the centers. The interviews are often video recorded, and the videotape may later be introduced into evidence.…

By Timothy W. Schmidt. Full text here. Despite the existence of laws on the books against transnational bribery in most developed nations, prosecution of the crime is oftentimes half hearted. This Note explores a number of options to promote the punishment of corrupt businesses that bribe foreign officials, even when the prosecution of these businesses might…