Dodd–Frank’s Failure to Address CFTC Oversight of Self-Regulatory Organization Rulemaking

By:  Derek Fischer

 

Since its formation, the Commodity Futures Trading Commission (CFTC) has taken a hands-off approach with respect to its oversight of the futures industry. It has relied on self-regulatory organizations (SROs)—namely, exchanges such as the Chicago Mercantile Exchange and ...READ MORE

The Federal Government’s Hand-Me-Downs: The Possibility of Protecting Fashion at the State Level

By:  Brittany Lamb

 

For decades, American fashion designers have been fighting, to no avail, for a federal law that protects their designs. In light of this inaction at the federal level, this Note explores the possibility of making use of the ...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

The Attorney General Veto

By:  Jeremy R. Girton

 

Constitutional standing doctrine requires that a private party seeking to defend the validity of a state statute must possess a “particularized” interest in the statute’s validity. When California officials refused to defend the constitutionality of Proposition 8, ...READ MORE

The Shrinking Sovereign: Tribal Adjudicatory Jurisdiction Over Nonmembers in Civil Cases

By:  M. Gatsby Miller

 

Tribal jurisdiction over nonmembers is limited to two narrow areas: consensual economic relationships between tribes and nonmembers, and nonmember activity that threatens tribal integrity. Even within these two narrow fields, the Supreme Court has stated that tribal ...READ MORE

 

“The Second Chance They Deserve”: Vacating Convictions of Sex Trafficking Victims

By:  Alyssa M. Barnard

 

Section 440.10(1)(i) of the New York Criminal Procedure Law allows victims of sex trafficking to vacate convictions for certain offenses they were forced to commit by their traffickers. This vacatur provision and similar laws in other states ...READ MORE

No IDEA What the Future Holds: The Retrospective Evidence Dilemma

By:  Dennis Fan

 

The Individuals with Disabilities Education Act’s predecessor established a multilevel administrative and judicial review system for special education decisions, and ever since, the volume of special education cases in federal court has ballooned. Most present cases involve disputes ...READ MORE

Prosecuting Leakers the Easy Way: 18 U.S.C. § 641

By:  Jessica Lutkenhaus

 

18 U.S.C. § 641 prohibits the theft or misuse of federal government “things of value.” The federal government has used this statute to prosecute leakers of information: The government considers disclosure to be a type of theft or ...READ MORE

 

Overcoming Administrative Silence in Prisoner Litigation: Grievance Specificity and the “Object Intelligibly” Standard

By:  Antonieta Pimienta

 

The Prison Litigation Reform Act (PLRA) requires that prisoners exhaust available administrative remedies before filing a federal action challenging prison conditions. Thus, an inmate can only file a lawsuit in federal court after proceeding through each step ...READ MORE

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

 

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

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

Protecting the One Percent: Relevant Women, Undue Burdens, and Unworkable Judicial Bypasses

By:  Alexandra Rex

 

The purpose of this Note is to analyze one widely enacted category of abortion regulations—parental involvement laws—and the effect of such regulations on their targeted group—pregnant minors. According to the Supreme Court, abortion regulations are constitutional only if ...READ MORE

Addressing What Isn’t There: How District Courts Manage the Threat of Rule 68’s Cost-Shifting Provisions in the Context of Class Actions

By:  Jack Starcher

 

For almost two decades now, courts have struggled with a seemingly irreconcilable conflict between Rule 23 class actions and Rule 68 offers of judgment. The apparent tension between these two rules arises in the limbo between the filing ...READ MORE

 

Why Wright Was Wrong: How the Third Circuit Misinterpreted the Bankruptcy Code . . . Again

By:  Alisha J. Turak

 

Whether a right to payment is a “claim” is one of the most important determinations in bankruptcy because only “claims” are subject to the bankruptcy process, including the all-important automatic stay and discharge provisions. The Bankruptcy Code ...READ MORE

Smile for the Camera, the World Is Going to See That Mug: The Dilemma of Privacy Interests in Mug Shots

By:  Gregory Nathaniel Wolfe

 

Under the Freedom of Information Act (FOIA), individuals can request certain agency records, including mug shots, from federal agencies. Until 1996, the policy of the United States Marshals Service (USMS) was to use FOIA’s broad law enforcement ...READ MORE