The Review

December 2014, Vol. 114, No. 8

Private Enforcement’s Pathways: Lessons from Qui Tam Litigation

By:  David Freeman Engstrom

 

How does making law through private lawsuits differ from making law by other means? That question is especially important where legislators deputize “private attorneys general” as statutory enforcers, from antitrust and securities to civil rights and consumer ...READ MORE

Risky Arguments in Social-Justice Litigation: The Case of Sex Discrimination and Marriage Equality

By:  Suzanne B. Goldberg

 

This Essay takes up the puzzle of the risky argument or, more precisely, the puzzle of why certain arguments do not get much traction in advocacy and adjudication even when some judges find them to be utterly ...READ MORE

Adopting “Biology Plus” in Federal Indian Law: Adoptive Couple v. Baby Girl‘s Refashioning of ICWA’s Framework

By:  Shreya A. Fadia

 

This Note argues that the Supreme Court’s decision in Adoptive Couple v. Baby Girl creates an apparent tension in federal Indian law. The Court’s characterization of the broader aims of the Indian Child Welfare Act of 1978 and ...READ MORE

 

Hey, That’s Cheating! The Misuse of the Irreparable Injury Rule as a Shortcut to Preclude Unjust-Enrichment Claims

By:  Eric J. Konopka

 

In a recent case, the Eighth Circuit, following the lead of other courts interpreting Minnesota law, hinted that a plaintiff may not be able to pursue an unjust-enrichment claim if a statutory cause of action is available. ...READ MORE

Announcements

Columbia Law Review Notes Selected for Publication

Please join the Columbia Law Review in congratulating the following student authors on their selection for publication in the 114th volume of the Review: ... Read More

Announcing Columbia Law Review’s 2014–2015 Administrative Board

Congratulations to the Review’s new leadership! ... Read More