Law Review Note

The Dispute Threshold: How the Public Policy Rationale Fails to Guide the Application of Federal Rule of Evidence 408

Steve Y. Ma

  Introduction
Imagine that you contract with Joe’s Advertising Agency to provide marketing services.  In the middle of performing the contract, Joe presents you with a bill for the services rendered so far.  You and Joe dispute the manner in which the billing was supposed to be calculated under the… Read More »

Demystifying Conceptual Severance: A Comparative Study of the United States, Canada, and the European Court of Human Rights

Angela Chang

When a land-use regulation restricts a landowner’s freedom to use the land, at what point does that regulation overly burden the landowner, such that property has been effectively taken and compensation is due?  Under the Takings Clause of the 5or shall private property be taken for public use, without just… Read More »

Interactive Contracting in Social Networks

Mark Chen

The last five years witnessed explosive growth in the use of online social-networking services.  These services, commonly known as social networks, provide people with a flexible medium through which to communicate and interact with others.  People and businesses alike have discovered a plethora of ways in which to capitalize on… Read More »

Revitalizing the Patent System to Incentivize Pharmaceutical Innovation: The Potential of Claims with Means-Plus-Function Clauses

Wanli (Lily) Tang

Traditionally, the United States patent system has been considered successful in promoting innovation in the pharmaceutical industry. In the past few years, however, loss of patent protection has caused sales revenue for innovative firms to plummet. Many firms have heavily cut their investments in research and development (R&D) for new… Read More »

Have No Fear (“Of Piling Inference Upon Inference”): How United States v. Comstock Can Save the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

Margaret K. O'Leary

I. Introduction
In United States v. Comstock, the Supreme Court upheld under the Necessary and Proper Clause Congress’s creation of a post-sentence federal civil-commitment scheme for sexually dangerous individuals in federal custody.  Comstock sparked a number of questions, including what effect the fungible five-consideration test the Court used to uphold the… Read More »

Hidden or on the Hip: The Right(s) to Carry After Heller

James Bishop

The right to carry a loaded firearm—either openly or concealed—has never been more controversial.  The country is still reeling from shootings in Florida and Arizona by gunmen who obtained and carried their weapons in accordance with permissive state laws, and a national debate is raging over self-defense and access to handguns. …READ MORE » Read More »

DNA PROFILES, COMPUTER SEARCHES, AND THE FOURTH AMENDMENT

Catherine W. Kimel

Pursuant to federal statutes and to laws in all fifty states, the United States government has assembled the Combined DNA Index System (CODIS), a database containing DNA profiles of over eleven million citizens. Without judicial authorization, the government searches these profiles one hundred thousand times every day, seeking to link… Read More »

Knowledge is Power: The Fundamental Right to Record Present Observations in Public

Travis Gunn

Americans seeking to record public life often find themselves victims of government suppression. Police have used physical methods to prevent journalists from recording public protest events. Police have trained their guns on unarmed citizens for recording their activities in public. Citizens have been arrested for recording police officers’ public conduct.… Read More »

The Age of Consent: When is Sexting No Longer “Speech Integral to Criminal Activity?”

Antonio M. Haynes

Jane met her boyfriend Jim at a high school football game. Jane was just a few days shy of sixteen at the time, and she and Jim, seventeen, instantly connected. They began dating, and, a few months later but before Jim’s eighteenth birthday, the two had sex together for the… Read More »

“Vacation” at the Farm: Why Courts Should Not Extend “Remand Without Vacation” to Environmental Deregulation

Benjamin W. Tettlebaum

The U.S. Supreme Court has recently made permanent injunctive relief harder to obtain. In Monsanto Co. v. Geertson Seed Farms, the Court reversed a nationwide injunction that prohibited the planting of Monsanto’s genetically modified (GM) Roundup Ready Alfalfa. The Court reaffirmed its holding from Winter v. Natural Resources Defense Council, Inc.… Read More »

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