The Review

April 2015, Vol. 115, No. 3

An Enduring, Evolving Separation of Powers

By: Jon D. Michaels


This Article sets forth the theory of an enduring, evolving separation of powers, one that checks and balances state power in whatever form that power happens to take. It shows how this constitutional commitment was first ...READ MORE

Due Process, Class Action Opt Outs, and the Right Not to Sue

By: Ryan C. Williams


Over the past three decades, the Supreme Court has repeatedly insisted that due process requires that absent class members be given an opportunity to opt out of a class action seeking predominantly money damages. The Court’s ...READ MORE

The Problem of Voter Fraud

By: Michael D. Gilbert


Voter-identification laws (“voter ID laws”) have provoked a fierce controversy in politics and public law. Supporters claim that such laws deter fraudulent votes and protect the integrity of American elections. Opponents, on the other hand, argue that ...READ MORE


Aggregation Analysis in Copyright Infringement Claims: The Fate of Fictional Facts

By: Ariel M. Fox


In a copyright infringement dispute, when assessing whether a defendant’s work is substantially similar to, and therefore infringing, a plaintiff’s, a court must first determine which works to compare. A unique issue arises when a defendant has ...READ MORE

When Cops Are Robbers: Reconciling the Whren Doctrine and 18 U.S.C. § 242

By: Georgina C. Yeomans


In 1996, the Supreme Court handed down Whren v. United States, which prohibits inquiry into police officers’ subjective motivations in conducting a search or seizure when there is reasonable suspicion or probable cause on which to base ...READ MORE


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 Volumes 115/116 of the Review. . . READ MORE

Announcing the Review's 2015–2016 Administrative Board

Congratulations to the Review’s new leadership! . . . READ MORE