Moving Beyond Reflexive Chevron Deference: A Way Forward for Asylum Seekers Basing Claims on Membership in a Particular Social Group
By Seiko Shastri. Full Text. Asylum applicants face a mounting number of barriers to being granted refuge in the United States. This is especially true for individuals applying for asylum based on their membership in a “particular social group,” one of the few protected grounds for asylum. In recent years, the Board of Immigration Appeals…
Continue ReadingLIBOR: The World’s Most Important Headache
By Alec Foote Mitchell. Full Text. The London Inter-Bank Offered Rate, or LIBOR, is known as “the world’s most important number.” Referenced in almost $350 trillion of financial contracts, LIBOR is central to modern finance. But in 2023, it is vanishing. As central banks, governments, financial institutions, and private parties rush to find replacement rates,…
Continue ReadingHow a New Standard of Care Can Make Social Media Companies Better “Good Samaritans”
By Jenna Hensel. Full Text. Social media companies enjoy a broad scope of protection from liability due to Section 230 of the Communications Decency Act. Section 230 of the Communications Decency Act offers social media companies two prominent protections: (1) protection from liability for user content posted on their websites because social media companies “cannot…
Continue ReadingImagining the Progressive Prosecutor
By Benjamin Levin. Full Text. As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutor.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold…
Continue ReadingRandom Selection for Scaling Standards
By Michael Abramowicz. Full Text. Governments distributing funds among many claimants often fail to ensure that those similarly situated are treated similarly. This Article proposes a novel solution that would reduce both adjudication costs and adverse effects of idiosyncratic decisionmaking. Claimants to a fund would sell their claims to intermediaries, and a small number of…
Continue ReadingPresidential Law
By Shalev Roisman. Full Text. We know a great deal about how agencies exercise power. They use notice-and-comment procedures to create rules and trial-like adjudication when applying law to individuals. This is the field of administrative law. But what of the President? Like agencies, the President issues law-like rules, adjudicates whether individuals have violated applicable…
Continue ReadingThe Paradox of Exclusive State-Court Jurisdiction Over Federal Claims
By Thomas B. Bennett. Full Text. Standing doctrine is supposed to ensure the separation of powers and an adversary process of adjudication. But recently, it has begun serving a new and unintended purpose: transferring federal claims from federal to state court. Paradoxically, current standing doctrine assigns a growing class of federal claims to the exclusive…
Continue ReadingThe Paradox of Exclusive State-Court Jurisdiction Over Federal Claims
By Thomas B. Bennett. Full Text. Standing doctrine is supposed to ensure the separation of powers and an adversary process of adjudication. But recently, it has begun serving a new and unintended purpose: transferring federal claims from federal to state court. Paradoxically, current standing doctrine assigns a growing class of federal claims to the exclusive…
Continue ReadingFacial Recognition and the Fourth Amendment
By Andrew Guthrie Ferguson. Full Text. Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo or identifying every person who walks past a digital camera, the…
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