Vol. 118 No. 1

Categorical Approach
Note

PARSING PRIOR CONVICTIONS: MATHIS V. UNITED STATES AND THE MEANS–ELEMENT DISTINCTION

Alexander G. Peerman*

Legislatures often instruct judges to impose harsher punishments on people who have prior criminal convictions—for example, a conviction for a “crime of violence” or for a “crime involving moral turpitude.” But how are judges to determine whether a person has such a conviction? In Mathis v. United States, the Supreme Court clarified that judges can rely on only the legal “elements” of prior convictions, not the factual “means”[...]


In memoriam

TO KNOW WHO WE ARE AND WHAT WE CAN DO

Rowan D. Wilson*

  Early in 2013, in the midst of interviews conducted by several upstate bar associations reviewing candidates for a seat on the New York Court of Appeals, I sat down at lunch and met Sheila Abdus-Salaam. I was not in my element, and I’m sure she noticed that when she decided to sit next to […]

Arbitration
Note

THE EFFECT OF ARBITRATION AGREEMENTS ON THE AMERICA INVENTS ACT’S INTER PARTES REVIEW PROCEDURE

Luke Ali Budiardjo*

In 2011, Congress created a new administrative pathway through which a party can challenge the validity of a granted patent: inter partes review (IPR). Like preexisting reexamination procedures, IPR is a mechanism through which a private party may ask the U.S. Patent and Trademark Office (PTO) to invalidate or narrow patents that fail to meet the standards of patent eligibility, thus returning subject matter to the public domain and protecting[...]

Administrative Law
Article

PARTISAN BALANCE WITH BITE

Brian D. Feinstein* & Daniel J. Hemel**

Dozens of multimember agencies across the federal government are subject to partisan balance requirements, which mandate that no more than a simple majority of agency members may hail from a single party. Administrative law scholars and political scientists have questioned whether these provisions meaningfully affect the ideological composition of federal agencies. In theory, Presidents can comply with these requirements by appointing ideologically[...]