Vol. 119 No. 1

Civil Forfeiture
Note

OUT OF CONTEXT: EXAMINING THE ROLE OF CONTEXT IN ACTIVE ENFORCEMENT FOREIGN PATRIMONY LAW DISPUTES

Cassandra Snyder *

Foreign patrimony laws nationalize ownership of cultural property found within a nation’s borders and prohibit export or private owner­ship. They are enforceable in the United States under the McClain doc­trine. In defending against McClain-doctrine suits to repatriate stolen cul­tural property, defendants have begun to assert the “inactivity defense,” which is premised on the theory that enforcing certain patri­mony[...]

Election Law
CLR Online

THE PROBLEM OF IRRESPONSIBLE PARTY GOVERNMENT

Michael S. Kang *

Introduction American party politics may be as nationally competitive as they have ever been, but at the same time they are perhaps as unresponsive to aver­age citizens as they have been in a long time. It is this paradox that Professor Tabatha Abu El-Haj creatively interrogates in her essay, Networking the Party: First Amendment Rights […]

Administrative Law
Article

THE SELF-DELEGATION FALSE ALARM: ANALYZING AUER DEFERENCE’S EFFECTS ON AGENCY RULES

Daniel E. Walters *

Auer deference holds that reviewing courts should defer to agen­cies when the latter interpret their own preexisting regulations. This doc­trine relieves pressure on agencies to undergo costly notice-and-com­ment rulemaking each time interpretation of existing regulations is neces­sary. But according to some leading scholars and jurists, the doc­trine actually encourages agencies to promulgate vague rules in the first instance, augmenting[...]

Crime Federalism
Article

IMMIGRANT SANCTUARY AS THE “OLD NORMAL”: A BRIEF HISTORY OF POLICE FEDERALISM

Trevor George Gardner *

Three successive presidential administrations have opposed immi­grant-sanctuary policy, at various intervals characterizing state and local government restrictions on police participation in federal immigra­tion enforcement as reckless, aberrant, and unpatriotic. This Article finds these claims to be ahistorical in light of the long and singular his­tory of a field this Article identifies as “police federalism.” For nearly all of U.S. history,[...]