Ruth Bader Ginsburg

IN MEMORIAM:
JUSTICE RUTH
BADER GINSBURG

A series of tributes honoring the life and legacy of
Justice Ruth Bader Ginsburg.

Vol. 123 No. 1

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Securities Regulation
Note

INVESTORS TAKE NOTE: COMPLEXITY AND DISCLOSURE EFFICACY CONCERNS AMID A STRUCTURED NOTES RENAISSANCE

Jacob Freund*

This Note examines how increasing complexity fueled by financial innovations can impair mandatory disclosure as an investor-protection mechanism. It focuses on structured notes, a type of debt security that has transformed significantly since the global financial crisis. This Note highlights several financial innovations that have fueled an unprecedented increase in structured note issuance volume by expanding access and catering to more idiosyncratic[...]

Constitutional Law
Note

DOUBLING DOWN ON DUE PROCESS: TOWARD A GUARANTEED RIGHT TO LEGAL COUNSEL IN JAIL DISCIPLINARY PROCEEDINGS

Nkechi N. Erondu*

Wolff v. McDonnell is the seminal case outlining the due process rights due to incarcerated people in disciplinary hearings. The Court held that incarcerated people are entitled to the minimum procedures appropriate under the circumstances and required by the Due Process Clause but stopped short of adopting the full panoply of procedural safeguards. Namely, the Court found that incarcerated people have no due process right to confront[...]

Refugee Law
Essay

FLEEING THE LAND OF THE FREE

Jayesh Rathod*

This Essay is the first scholarly intervention, from any discipline, to examine the number and nature of asylum claims made by U.S. citizens, and to explore the broader implications of this phenomenon. While the United States continues to be a preeminent destination for persons seeking humanitarian protection, U.S. citizens have fled the country in significant numbers, filing approximately 14,000 asylum claims since 2000. By formally seeking refuge[...]

Criminal Procedure
CLR Forum

IN FLIGHT FROM U.S. LAW BY REMAINING AT HOME ABROAD?: UNITED STATES V. BESCOND’S IMPACT ON INTERLOCUTORY APPEAL OF FUGITIVE DISENTITLEMENT UNDER THE COLLATERAL ORDER DOCTRINE

Olivia Lu*

This Comment examines the collateral order doctrine, a narrow exception to the otherwise general rule that appeals from interlocutory orders are generally disallowed in the federal court system. It does so in the context of fugitive disentitlement orders. This Comment focuses on a recent Second Circuit decision, United States v. Bescond, analyzing its consequences for interlocutory challenges by foreign defendants who live and conducted[...]

Conflict of Laws
Article

THE NEW ABORTION BATTLEGROUND

David S. Cohen,* Greer Donley** & Rachel Rebouché***

This Article examines the paradigm shift that is occurring now that the Supreme Court has overturned Roe v. Wade. Returning abortion law to the states will spawn perplexing legal conflicts across state borders and between states and the federal government. This Article emphasizes how these issues intersect with innovations in the delivery of abortion, which can now occur entirely online and transcend state boundaries. The interjurisdictional[...]

Antitrust
CLR Forum

ANTITRUST INTEROPERABILITY REMEDIES

Herbert Hovenkamp*

Compelled interoperability can be a useful judicial or statutory remedy for dominant firms, including digital platforms with significant market power in a product or service. They can address competition concerns without interfering unnecessarily with the structures that make digital platforms attractive and that have contributed so much to economic growth.

Given the wide variety of structures and business models for big tech, “interoperability”[...]