Archives: Issues

Articles

Birth Certificates for Children with Same-Sex Parents: A Reflection Of Biology or Something More?
Paula Gerber & Phoebe Irving Lindner

NFIB v. Sebelius and the Right to Health Care: Government’s Obligation to Provide for the Health, Safety, and Welfare of its Citizens
Jack M. Beermann

Recklessness As a State of Mind in 10(b) Cases: The Civil-Criminal Dialectic
Ann M. Olazábal & Patricia S. Abril

Notes
Land Costs As Non-Eligible Basis: Arbitrary Restrictions on State Policymaking Authority in the Low-Income Housing Tax Credit Program
Michael David Williams

Indeterminate and Unrecognized: Exploring the Relationship Between the Morsi Ouster, Post-Coup Sanctions, and the Recognition Power
Daniel N. Swartz

Is Change Always Good? The Adaptability of Social Norms and Incentives to Innovate
Jennifer Basch

Articles

Turf Wars: How a Jurisdictional Quagmire in Congress Compromises Homeland Security
Joan V. O’Hara, et al.

The Rationalization of Policy: On the Relation Between Democracy and the Rule of Law
Ofer Raban

RLUIPA: Re-Aligning Burdens of Proof, Clarifying Freedoms, and Re-Defining Responsibilities
George P. Smith, II & Philip M. Donoho

Notes
“Abusive” Acts and Practices: Dodd-Frank’s Behaviorally Informed Authority Over Consumer Credit Markets and Its Application to Teaser Rates
Patrick M. Corrigan

Accessing Foreign Audit Work Papers and the Conflicting Non-U.S. Laws Defense: A Recent Case Study
Xiao Luo

Articles

Prison Rape Elimination Act Litigation and the Perpetuation of Sexual Harm
Gabriel Arkles

Criminalizing the Problem of Unexplained Wealth: Illicit Enrichment Offenses and Human Right Violations
Jeffrey R. Boles

When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach to Legislative History
Kati L. Griffith

Sovereignty, Citizenship, and Public Health in the United States
Polly J. Price

Enabling Resistance: How Courts Facilitate Departures From the Law, and Why This May Not Be a Bad Thing
Adam Shinar

Notes
Reconsidering the Traditional Analysis: Should Buckman Alone Support Preemption of Fraud-on-the-FDA Exceptions to Tort Immunity?
Joshua D. Lee

Legislating Judicial Review: An Infringement on Separation of Powers
Holly Martin