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Volume 109 - Issue 6

Syria, Cost-sharing, and the Responsibility to Protect Refugees

By E. Tendayi Achiume. Full text here. The Syrian refugee crisis is the largest since the Second World War. This Article is the first to analyze the devastating fallout of this crisis, and to propose a novel approach to a perennial international law problem at its center. Nearly all of the more than four million refugees that…

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The Digital Shareholder

By Andrew A. Schwartz. Full text here. Crowdfunding, a new Internet-based securities market, was recently authorized by federal and state law in order to create a vibrant, diverse, and inclusive system of entrepreneurial finance. But will people really send their money to strangers on the Internet in exchange for unregistered securities in speculative startups? Many are doubtful,…

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Equity Crowdfunding: A Market for Lemons?

By Darian M. Ibrahim. Full text here. Angel investors and venture capitalists (VCs) have funded Google, Facebook, and virtually every technological success of the last thirty years. These investors operate in tight geographic networks, which mitigates uncertainty, information asymmetry, and agency costs both pre- and post-investment. It follows, then, that a major concern with equity…

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Communicating the Canons: How Lower Courts React When the Supreme Court Changes the Rules of Statutory Interpretation

By Aaron-Andrew P. Bruhl. Full text here. From time to time, the Supreme Court changes some aspect of its approach to statutory interpretation. These changes include large-scale shifts on matters such as the relative prominence of textual sources versus legislative history as well as small-scale changes exemplified by the creation, modification, or abandonment of particular interpretive…

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Note: A Merry-Go-Round of Metal and Manipulation: Toward a New Framework for Commodity Exchange Self-Regulation

By Samuel D. Posnick. Full text here. The 2013 revelation of Goldman Sachs’ unsavory aluminum warehousing practices led to public uproar and political backlash. In November 2014, Congress released a damning report detailing Wall Street’s involvement in numerous commodities markets and finding rampant manipulation. As a result, the Federal Reserve is reexamining its regulation of financial…

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Note: Remodeling “Model Aircraft”: Why Restrictive Language That Grounded the Unmanned Industry Should Cease To Govern It

By Maxwell Mensinger. Full text here. The notion of a “next frontier” is in perpetual flux. Our understanding thereof shifts towards those concepts with the potential for change and growth. A century ago, with the development of commercial flight, airspace seemed to qualify as the next frontier. Today, drone technology has revitalized this same interest in…

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Note: Social Group Semantics: The Evidentiary Requirements of “Particularity” and “Social Distinction” in Pro Se Asylum Adjudications

By Nicholas R. Bednar. Full text here. The Board of Immigration Appeals (BIA) has turned the particular social group standard into a game of semantics. This Note argues that this game’s evidentiary requirements disfavor pro se asylum applicants by requiring sociological evidence—primarily in the form of expert testimony. An applicant applying for asylum on the basis…

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Outrageous and Irrational

By Jane R. Bambauer & Toni M. Massaro. Full text here. A wealth of scholarship comments on enumerated and unenumerated fundamental rights, such as freedom of speech, the right to marital privacy, and suspect classifications that trigger elevated judicial scrutiny. This Article discusses the other constitutional cases—the ones that implicate no fundamental right or suspect classification,…

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Why Rape Should Not (Always) Be a Crime

By Katharine K. Baker. Full text here. This Article argues that the criminal law is simply not up to the task of policing a huge amount of sexual assault. The on-going initiative to curb the prevalence of sexual misconduct on college campuses abandons the criminal law and uses discrimination doctrine to dislodge the norms that criminal…

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Revitalizing Dormant Commerce Clause Review for Interstate Coordination

By Alexandra B. Klass & Jim Rossi. Full text here. Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as interstate oil pipelines and high-voltage, interstate electric transmission lines with state and local levels…

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