Vol. 118 No. 6

Evidence Law
Note

LABORATORIES OF EQUAL JUSTICE: WHAT STATE EXPERIENCE PORTENDS FOR EXPANSION OF THE PENA-RODRIGUEZ EXCEPTION BEYOND RACE

Jason Koffler *

In the 2017 case  Pena-Rodriguez v. Colorado, the Supreme Court held that the jury no-impeachment rule must yield to a crimi­nal defendant’s Sixth Amendment right to an impartial jury when a court is faced with clear evidence that racial animus played a signifi­cant role in the jury’s decision to convict. Despite the Supreme Court notably cabining its decision to instances of racial bias alone, commentators have questioned whether[...]

Criminal Procedure
CLR Online

CRIMINAL PROCEDURE RIGHTS AND HARMLESS ERROR: A RESPONSE TO PROFESSOR EPPS

John M. Greabe*

The harmless error doctrine is beset with problems, both theoretical and practical. In Harmless Error and Substantial Rights, recently published in the Harvard Law Review, Professor Daniel Epps proposes a reconceptualization of constitutional criminal procedure rights that is designed to address these problems. Epps argues that those constitu­tional criminal procedure rights that are capable of being violated by pros­ecutors[...]

Administrative Law
Note

A TALE OF TWO STATUTES: USING IEEPA’S ACCOUNTABILITY SAFEGUARDS TO INSPIRE CFIUS REFORM

E. Maddy Berg *

Since its inception more than four decades ago, the Committee on Foreign Investment in the United States (CFIUS) has transformed from a relatively powerless monitoring body to a major regulatory hurdle for cross-border deals. This shift has been accompanied by increasing con­cerns from scholars and transacting parties regarding CFIUS’s lack of accountability and transparency. Yet, CFIUS’s scope has only continued to widen, as evidenced by[...]

Anticorruption Regulation
CLR Online

TRUMPING RECIDIVISM: ASSESSING THE FCPA CORPORATE ENFORCEMENT POLICY

Sharon Oded *

Bribery and corruption violations are often hard to detect. For this reason, the U.S. enforcement authorities typically struggle to produce the right incentives for corporations to cooperate with public enforcement efforts in anticorruption cases. In November 2017, following the success­ful implementation of an eighteen-month pilot program, the Trump Administration announced its revised Foreign Corrupt Practices Act (FCPA) Corporate Enforcement[...]

Emotional Harm
Essay

THE RESTORATION REMEDY IN PRIVATE LAW

Omri Ben-Shahar * & Ariel Porat **

One of the most perplexing problems in private law is when and how to compensate victims for emotional harm. This Essay proposes a novel way to accomplish this remedial goal—a restoration measure of damages. It solves the two fundamental problems of compensation for emo­tional harm—measurement and verification. Instead of measuring the emo­tional harm and awarding the aggrieved party money damages, this Essay proposes that defendants pay[...]