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[...]

Constitutional Law
Note

RELIGIOUS EXEMPTIONS AND THE VOCATIONAL DIMENSION OF WORK

Paul Barker *

The Supreme Court’s 2018 decision in Masterpiece Cakeshop left unre­solved a central question running through th­­­e so-called wedding-vendor cases: Can the law ever grant religious exemptions to places of public accommodation without severely undermining antidiscrimination laws? The question is a difficult one, and people on both sides of these cases see the stakes as high. For supporters of same-sex marriage, these cases threaten[...]

Land Use
CLR Online

TRESPASS AND VANDALISM OR PROTECTING THAT WHICH IS HOLY? THE MISSING PIECE OF RELIGIOUS LIBERTY LAND-USE CLAIMS

Edward K. Olds *

Introduction On October 27, 2016, Casey Camp-Horinek was arrested for pray­ing. The State of North Dakota claims that she was arrested for trespass, rioting, and endangerment by fire, but Camp-Horinek was acting out of a religious duty to protect the purity of Lake Oahe. This Comment will discuss whether the enforcement of these laws against […]

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[...]