Congress, the Supreme Court, and Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy by Placing Limits on Federal Court Jurisdiction
By Neal Devins. Full text here. By turning a statute limiting court jurisdiction into a delegation of power by Congress to the Supreme Court, the Hamdan v. Rumsfeld opinion is a political masterstroke. This Essay explains why “the least dangerous branch” felt empowered to ignore congressional limits on its authority, repudiate presidentially created military tribunals, and…
Continue ReadingThe Preventive Paradigm and the Perils of Ad Hoc Balancing
By Jules Lobel. Full text here.
Continue ReadingImmigration Reform, National Security After September 11, and the Future of North American Integration
By Kevin R. Johnson & Bernard Trujillo. Full text here.
Continue ReadingHamdan and Common Article 3: Did the Supreme Court Get It Right?
By Fionnuala Ní Aoláin. Full text here.
Continue ReadingThe Untold Story of al Qaeda's Administrative Law Dilemmas
By Mariano-Florentino Cuéllar. Full text here.
Continue ReadingThe Death of FISA
By William C. Banks. Full text here.
Continue Reading"Macro-Transparency" as Structural Directive: A Look at the NSA Surveillance Controversy
By Heidi Kitrosser. Full text here.
Continue ReadingThe Political Constitution of Emergency Powers: Some Lessons from Hamdan
By Mark Tushnet. Full text here.
Continue ReadingNote: Clear Support or Cause for Suspicion? A Critique of Collective Scienter in Securities Litigation
By Kevin M. O’Riordan. Full text here. This Note takes the position that emerging collective scienter theory may bar courts from attributing liability for securities fraud under SEC Rule 10b-5 directly to a corporation. Recent developments under the Private Securities Litigation Reform Act (PSLRA) seek to strengthen pleading standards in securities litigation by requiring that a…
Continue ReadingAn Anti-Authoritarian Constitution? Four Notes
By Patrick O. Gudridge. Full text here.
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