Archive: November 2013

Announcing Notes Selected for Publication

Please join the Columbia Law Review Notes Committee in congratulating the following Note authors on their selection for publication in the 114th volume of the Review:

 

Timothy H. Gray, Manual Override? Accardi, Skidmore, and the Legal Effect of the Social Security Administration’s HALLEX Manual

Jessica Lutkenhaus, Prosecuting Leakers ...READ MORE

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment

Jason A. Cade*

 

Introduction

 

A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally ...READ MORE

Predatory Pricing and Recoupment

By:  Christopher R. Leslie

 

Predatory pricing is a two-step strategy for securing monopoly profits. During the first step—the predation stage—a firm charges a price below its costs in the hope of driving its competitors out of the market by forcing them ...READ MORE

 

A New New Property

By:  David A. Super

 

Charles Reich’s visionary 1964 article, The New Property, paved the way for a revolution in procedural due process. It did not, however, accomplish Reich’s primary stated goal: providing those dependent on government assistance the same security that ...READ MORE

Legal Diversification

By:  Kelli A. Alces

 

The greatest protection investors have from the risks associated with capital investment is diversification. This Essay introduces a new dimension of diversification for investors: legal diversification. Legal diversification of investment means building a portfolio of securities that ...READ MORE

Qui Tam for Tax?: Lessons from the States

By:  Franziska Hertel

 

Tax fraud costs the federal government billions of dollars annually. Qui tam litigation, which features individuals bringing lawsuits on behalf of the government, is a powerful tool for the government in its fight against many types of fraud. ...READ MORE

 

The Arithmetic of Justice: Calculating Restitution for Mortgage Fraud

By:  T. Dietrich Hill

 

The Mandatory Victims Restitution Act requires restitution for federal crimes involving property. In particular, the defendant is required to return any property taken, or, if return is impossible, to pay for the victim’s loss, which may be ...READ MORE