Archive: April 2012
Comment—CFTC v. Walsh: District Court Releases Funds Frozen in Civil Case to Pay for Attorney in Parallell Criminal Case
- View PDFapplication/pdf, 0 kB
By Michael R. Herman
The Unending Search for the Optimal Infringement Filter
- View PDFapplication/pdf, 0 kB
By Sonia K. Katyal and Jason M. Schultz
Response to: Lital Helman & Gideon Parchomovsky, The Best Available Technology Standard, 111 Colum. L. Rev. 1194 (2011)
Access-to-Justice Analysis on a Due Process Platform
- View PDFapplication/pdf, 0 kB
By Ronald A. Brand
Response to: Christopher A. Whytock & Cassandra Burke Robertson, Forum Non Conveniens and the Enforcement of Foreign Judgments, 111 Colum. L. Rev. 1444 (2011)
Federalism as a Safeguard of the Separation of Powers
- View PDFapplication/pdf, 0 kB
By: Jessica Bulman-Pozen
States frequently administer federal law, yet scholars have largely overlooked how the practice of cooperative federalism affects the balance of power across the branches of the federal government. This Article explains how states check the federal executive in ...READ MORE
The Indefensible Duty to Defend
- View PDFapplication/pdf, 0 kB
By: Neal Devins & Saikrishna Prakash
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to ...READ MORE
Benefit Corporations: How to Enforce a Mandate to Promote the Public Interest
- View PDFapplication/pdf, 0 kB
By: Briana Cummings
A new trend has emerged within the past decade: corporations that seek to turn a profit while affirmatively promoting the public interest. To accommodate this trend, six states have recently enacted legislation creating the benefit corporation, a for-profit ...READ MORE
On Avoiding Avoidance, Agenda Control, and Related Matters
- View PDFapplication/pdf, 0 kB
“Knowingly” Ignorant: Mens Rea Distribution in Federal Criminal Law After Flores-Figueroa
- View PDFapplication/pdf, 0 kB