Vol. 119 No. 2

Civil Rights
Note

QUALIFIED IMMUNITY FORMALISM: “CLEARLY ESTABLISHED LAW” AND THE RIGHT TO RECORD POLICE ACTIVITY

Tyler Finn*

The Supreme Court’s qualified immunity jurisprudence provides little guidance on a central component of the doctrine: the proper sources of “clearly established law.” As a result, lower courts often resort to a restrictive definition of clearly established law, requiring a control­ling precedent in the jurisdiction where the violation took place. This formalist approach unmoors qualified immunity from its intended pur­pose: ensuring that[...]

Campaign Finance
Article

DISCLOSURE’S LAST STAND? THE NEED TO CLARIFY THE “INFORMATIONAL INTEREST” ADVANCED BY CAMPAIGN FINANCE DISCLOSURE

Lear Jiang*

Disclosure enjoys a unique position within the spectrum of campaign finance regulation. It is the only regulation that courts have looked upon with consistent approval. Since Buckley v. Valeo, courts have upheld disclosure requirements as advancing an “informational inter­est”—very broadly defined as the interest in educating voters about the sponsors behind political messages. Disclosure’s informational interest has been deemed[...]

Commercial Law
Essay

CHEATING PAYS

Emily Kadens*

Common private-ordering theories predict that merchants have an incentive to act honestly because if they do not, they will get a bad reputation and their future businesses will suffer. In these theories, cheating is cheating whether the cheat is big or small. But while reputa­tion-based private ordering may constrain the big cheat, it does not necessarily constrain the small cheat because of the difficulty in discover­ing certain[...]