Archive: 2014

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

By:  Timothy H. Gray

 

The Social Security Administration’s Disability Insurance program encompasses a mammoth adjudicatory and appellate process, rivaling in size the entire federal judiciary. The SSDI is principally governed by validly promulgated regulations, but the SSA also uses an ...READ MORE

An “Unfortunate Bit of Legal Jargon”: Prosecutorial Vouching Applied to Cooperating Witnesses

By:  Rajan S. Trehan

 

Vouching, which developed out of the Supreme Court’s desire to protect the jury’s right to evaluate credibility, traditionally forbids prosecutorial statements designed to enhance or attest to the credibility of a government witness. This Note examines ...READ MORE

Protecting Reliance

By:  Victor P. Goldberg

 

Reliance plays a central role in contract law and scholarship. One party relies on the other’s promised performance, its statements, or its anticipated entry into a formal agreement. Saying that reliance is important, however, says nothing ...READ MORE

 

Embedded International Law and the Constitution Abroad

  By: Sarah H. Cleveland

 

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Responsibility for Regime Change

By:  Jay Butler

 

What obligations does a state have after it forcibly overthrows the regime of another state or territory? The Hague Regulations and the Fourth Geneva Convention provide some answers, but their prohibition on interfering with the governing structure of ...READ MORE

The FTC and the New Common Law of Privacy

By:  Daniel J. Solove & Woodrow Hartzog

 

One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal ...READ MORE

 

Contracting Around Citizens United

By:  Ganesh Sitaraman

 

The Supreme Court’s decision in Citizens United v. FEC is widely considered a major roadblock for campaign finance reform, and particularly for limiting third party spending in federal elections. In response to the decision, commentators, scholars, and activists have ...READ MORE

Red Flags in Federal Quarantine: The Questionable Constitutionality of Federal Quarantine After NFIB v. Sebelius

By:  Arjun K. Jaikumar

 

The Public Health Service Act (PHSA), codified at 42 U.S.C. §§ 201–300, confers federal authority to institute medical quarantine and isolation measures in response to outbreaks of specific infectious diseases. Congress’s authority to pass the PHSA is ...READ MORE

Judges Behind Bars: The Intrusiveness Requirement’s Restriction on the Implementation of Relief Under the Prison Litigation Reform Act

By:  Kiira J. Johal

 

Since its enactment, the Prison Litigation Reform Act of 1996 (PLRA) has obstructed prisoners from bringing suit in federal court. In the relatively uncommon cases where prison lawsuits do succeed under the PLRA, the statute authorizes courts ...READ MORE

 

Borrowing by Any Other Name: Why Presidential “Spending Cuts” Would Still Exceed the Debt Ceiling

Neil H. Buchanan* and Michael C. Dorf**

 

On multiple occasions since mid-2011, the United States has come perilously close to exhausting its borrowing authority under a statutory limit commonly called the “debt ceiling.” In prior work, we argued that, in the event ...READ MORE

Constitutional Nondefense in the States

By:  Katherine Shaw

 

Although scholars have long debated the scope of the President’s power to decline to defend statutes challenged in litigation, no one has yet undertaken a systematic examination of nondefense by state executives, who, like their federal counterparts, ...READ MORE

 

Elections and Alignment

By:  Nicholas O. Stephanopoulos

 

Election law doctrine has long been dominated by rights-and-interests balancing: the weighing of the rights burdens imposed by electoral regulations against the state interests that the regulations serve. For the last generation, the election law literature ...READ MORE

Can We Do Better by Ordinary Investors? A Pragmatic Reaction to the Dueling Ideological Mythologists of Corporate Law

By:  Leo E. Strine, Jr.

 

In his essay, The Myth That Insulating Boards Serves Long- Term Value, Professor Lucian Bebchuk draws a stark dichotomy between so-called “insulation advocates” and proponents of shareholderdriven direct democracy. This Essay begins by rejecting this crude ...READ MORE

Erie and the First Amendment: State Anti-SLAPP Laws in Federal Court After Shady Grove

By:  Colin Quinlan

 

An increasing number of states have passed laws aimed at preventing the costs of litigation from burdening legitimate petitioning activity. These laws frequently include procedural protections, such as a special motion to dismiss. When state law claims are ...READ MORE

 

Unknown Elements: The Mens Rea Question in 18 U.S.C. § 924(c)(1)(B)(ii)’s Machine Gun Provision

By:  Stephanie Siyi Wu

 

18 U.S.C. § 924(c)(1)(B)(ii) imposes an additional mandatory minimum sentence of thirty years for the possession of a machine gun during and in relation to a drug trafficking or violent crime. Prior to 2010, federal courts commonly ...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 Volume 114 of the Review:   Alyssa M. Barnard, The Second Chance They Deserve: Vacating Convictions of Sex Trafficking Victims   Shreya A. Fadia, Adopting “Biology ...READ MORE

Announcing Columbia Law Review’s 2014–2015 Administrative Board

Congratulations to the Review’s new leadership!

 

Dennis Fan Editor-in-Chief

 

Ryan Chabot Executive Managing Editor

 

Jasmine Woodard Executive Sidebar Editor

 

Philip F. DiSanto Executive Articles Editor

 

Derek Fischer Executive Essays & Reviews Editor

 

Alyssa Barnard Executive Notes Editor

 

Mary L. Dohrmann Kelly Knoll Eric Konopka Michael Pfautz Mimi Wu ...READ MORE

 

The Contraception Mandate Debate: Achieving a Sensible Balance

 Alan E. Garfield*

A slew of secular for-profit businesses have sued seeking exemptions from the contraception mandate and many have succeeded in obtaining preliminary injunctions. This Essay explains why courts have found these claims credible under the Religious Freedom Restoration Act ...READ MORE

Implied Public Rights of Action

By:  Seth Davis

 

This Article analyzes the federal courts’ power to provide public remedies when the legislature has been silent. Like private parties, the United States and the states regularly claim a right to judicial relief or a particular remedy that ...READ MORE