Archive: December 2012

Nullifying the Debt Ceiling Threat Once and for All: Why the President Should Embrace the Least Unconstitutional Option

Neil H. Buchanan* & Michael C. Dorf**


I. Introduction


In August 2011, Congress and the President narrowly averted economic and political catastrophe, agreeing at the last possible moment to authorize a series of increases in the national debt ceiling.1 This respite, unfortunately, was merely ...READ MORE

The Purpose-Driven Rule: Drew Peterson, Giles v. California, and the Transferred Intent Doctrine of Forfeiture by Wrongdoing

Colin Miller*


Under the doctrine of forfeiture by wrongdoing, a party who successfully engages in conduct designed to render a prospective witness unavailable at trial forfeits his objection to the admission of hearsay statements made by that witness. Typically, this forfeiture ...READ MORE

Perfecting Criminal Markets

  By: David Michael Jaros


From illicit drugs to human smuggling to prostitution, legislators may actually perfect the very criminal markets they seek to destroy. Criminal laws often create new dangers and new criminal opportunities. Criminalizing drugs creates opportunities to sell ...READ MORE


The Agency Class Action

  By: Michael D. Sant’Ambrogio & Adam S. Zimmerman


The number of claims languishing on administrative dockets has become a “crisis,” producing significant backlogs, arbitrary outcomes, and new barriers to justice. Coal miners, disabled employees, and wounded soldiers sit on endless ...READ MORE

Delegating to Enemies

  By: Jacob E. Gersen & Adrian Vermeule


An axiom of institutional design is known as the ally principle: All else equal, voters, legislators, or other principals will rationally delegate more authority to agents who share their preferences (“allies”). The ally ...READ MORE

The Cold Reality of the Ineffective Hot News Remedy, and the Case for Contract

By: Gregory D. Beaton

The hot news misappropriation doctrine permits a plaintiff to seek time-limited injunctive relief against an alleged misappropriator in order to promote the reporting and dissemination of noncopyrightable information. While the hot news remedy may be a powerful ...READ MORE


Due Process in Prison: Protecting Inmates’ Property After Sandin v. Conner

By: Kaitlin Cassel

In 1995, the Supreme Court, in Sandin v. Conner, altered the standard by which federal courts determine when due process attaches to prisoners’ liberty interests. This new standard recognizes prisoners’ liberty interests only upon a showing of an ...READ MORE

Fair Labor Fraud: The Peculiar Interplay of Civil RICO and the Federal Minimum Wage Act

  By: James W. Crooks


This Note examines the interaction between the Fair Labor Standards Act (FLSA), which guarantees a minimum wage and overtime pay to most categories of employees, and the civil remedies of the Racketeer Influenced and Corrupt Organizations ...READ MORE