Skip to content
Volume 95 - Issue 4

The Role of the United States Supreme Court in Interpreting and Developing Humanitarian Law

By David Weissbrodt & Nathaniel H. Nesbitt. Full text here. In the absence of a single authoritative mechanism to interpret humanitarian law, a number of treaty bodies, national courts, regional human rights courts/commissions, international tribunals, and thematic mechanisms have been called upon to address humanitarian law issues. Prime among these institutions is the U.S. Supreme Court.…

Continue Reading

Whose Claim Is This Anyway? Third-Party Litigation Funding

By Maya Steinitz. Full text here. Third-party litigation funding, or litigation finance, is a new industry composed of institutional investors who invest in litigation by providing finance in return for an ownership stake in a legal claim and a contingency in the recovery. Its emergence has been recognized as one of the most significant developments in…

Continue Reading

Erie′s Suppressed Premise

By Michael Steven Green. Full text here. The Erie doctrine is usually understood as a limitation on federal courts’ power. The Article concerns the unexplored role that the Erie doctrine has in limiting the power of state courts. According to Erie Railroad Co. v. Tompkins, a federal court must follow state supreme court decisions when interpreting…

Continue Reading

Constitutional Spaces

By Allan Erbsen. Full text here. The Article is the first to systematically consider the Constitution’s identification, definition, and integration of the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution, commentators…

Continue Reading

Note: Expanding the Role of Trade Preference Programs

By Monica Patel. Full text here. Trade preference programs lower trade barriers for developing countries and open opportunities in consumer-driven markets which, in turn, increases their trade and economic growth. One example of a trade preference program in the United States is the Generalized System of Preferences (GSP) program that provides duty-free treatment for about 4800…

Continue Reading

Note: Hold Fast the Keys to the Kingdom: Federal Administrative Agencies and the Need for Brady Disclosure

By Justin Goetz. Full text here. Due process protections for defendants vary greatly between the numerous federal agencies vested with civil enforcement powers. Many of these agencies fail to provide defendants with basic safeguards, including the protections available in the Federal Rules of Criminal Procedure. As federal administrative agencies continue to increase both the scope of…

Continue Reading