Vol. 121 No. 1

Administrative Law
Note

CRITICAL HABITAT DESIGNATIONS UNDER THE ENDANGERED SPECIES ACT IN AN ERA OF CLIMATE CRISIS

Isabella Kendrick*

Over the coming decades, experts estimate that twenty-five percent of all plant and animal species may go extinct. Climate change directly contributes to species extinction through ecosystem shift, and accelerates other drivers of extinction such as destruction of habitat and pollution. The Endangered Species Act is the only legal tool in the United States to directly protect against the threat of species extinction, and critical[...]

Sovereign Immunity
Note

HACKS DANGEROUS TO HUMAN LIFE: USING JASTA TO OVERCOME FOREIGN SOVEREIGN IMMUNITY IN STATE-SPONSORED CYBERATTACK CASES

John J. Martin*

State-sponsored cyberattacks are on the rise. With the continually growing presence of automated and autonomous technologies in our lives, the ability to harm individuals from behind a keyboard is becoming an increasingly plausible and desirable option for foreign states seeking to target persons abroad. Those particularly vulnerable to such attacks include political dissidents, activists, and any individuals[...]

Intellectual Property
CLR Forum

LONG LIVE THE COMMON LAW OF COPYRIGHT!:
GEORGIA V. PUBLIC.RESOURCE.ORG, INC. AND THE DEBATE OVER JUDICIAL ROLE IN COPYRIGHT

Shyamkrishna Balganesh*

In Georgia v. Public.Resource.Org, Inc., the Supreme Court resurrected a nineteenth-century copyright doctrine—the government edicts doctrine—and applied it to statutory annotations prepared by a legislative agency. While the substance of the decision has serious impli­cations for due process and the rule of law, the Court’s treatment of the doctrine recognized an invigorated role for courts in the development of copyright law through[...]

Administrative Law
Article

THE THREE PERMISSIONS:
PRESIDENTIAL REMOVAL AND THE STATUTORY LIMITS OF AGENCY INDEPENDENCE

Jane Manners & Lev Menand*

Seven words stand between the President and the heads of over a dozen “independent agencies”: inefficiency, neglect of duty, and malfea­sance in office (INM). The President can remove the heads of these agencies for INM and only INM. But neither Congress nor the courts have defined INM and hence the extent of agency independence. Stepping into this void, some proponents of presidential power argue[...]

Criminal Procedure
Essay

DIRECT COLLATERAL REVIEW

Z. Payvand Ahdout*

Federal courts are vitally important fora in which to remedy constitutional violations that occur during state criminal proceedings. But critics have long lamented the difficulty of obtaining federal review of these violations. The Supreme Court rarely grants certiorari to review state criminal convictions, including allegations of constitutional defects, on direct appeal. Likewise, the Court has historically declined to grant certiorari to review[...]