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Current Print Issue

Volume 108, Issue 6

Articles

The Unique Appearance of Corruption in Personal Loan Repayments

John J. Martin

Research Assistant Professor of Law, University of Virginia School of Law.

Under U.S. campaign finance jurisprudence, electoral candidates have the right to self-fund their campaigns without limitation. The majority of self-funded candidates do so by issuing personal loans—i.e., personal money given to their campaign with the expectation of having it paid back. Many such candidates rely on outside contributions to help repay these personal loans, leaving…

Nov 2023

The Constitutional Limits of Criminal Supervision

Eric S. Fish

Acting Professor of Law, University of California at Davis.

Nearly four million people are under criminal supervision in the United States. Most are on probation or parole. They can be sent to prison if a judge concludes that they violated the terms of their supervision. When that happens, there is no right to a jury trial. The violation only needs to be proven to…

Nov 2023

The Independent Agency Myth

Neal Devins & David E. Lewis

Sandra Day O’Connor Professor of Law and Professor of Government, College of William and Mary & Rebecca Webb Wilson University Distinguished Professor, Vanderbilt University.

Republicans and Democrats are fighting the wrong fight over independent agencies. Republicans are wrong to see independent agencies as anathema to hierarchical presidential control of the administrative state. Democrats are likewise wrong to reflexively defend independent agency expertise and influence. Supreme Court Justices also need to break free from this trap; the ongoing struggle over…

Nov 2023

Notes

How to Get Away with Murder: The Norwegian Approach

Elena Smalline

J.D., Cornell Law School, 2023; B.S. (Business Management and Psychological Sciences), Rensselaer Polytechnic Institute, 2020.

What does it mean for one to be insane enough to not be held responsible for a criminal act one committed? The answer to this question varies across differing eras, cultures, countries, and laws. If one were to ask English legal-scholar Sir Matthew Hale, he would assert that to be insane enough to not be…

Nov 2023

Googling, Profiling, and Drafting a “Fantasy Team” of Jurors: Contextualizing Online Investigations into Jurors and Venirepersons Within Centurues of Analog Litigation Practices

Alison Draikiwicz

J.D., Cornell Law School, 2023; B.A., Wellesley College, 2018.

In recent years, judges and commentators have sounded the alarm on litigators’ increasingly extensive research into jurors’ and venirepersons’ online presences. Despite critics’ ethical and practical concerns, the age of “voir google” continues to thrive and evolve. In this Note, I seek to contextualize the era of online investigations within the broader era of American…

Nov 2023