by charlebois | Apr 8, 2014 | Volume 62, Volume 62, Issue 6
Danielle Keats Citron and Frank Pasquale Volume 62, Issue 6, 1441-1494 A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of...
by charlebois | Apr 8, 2014 | Volume 62, Volume 62, Issue 6
Tom Campbell Volume 62, Issue 6, 1495-1526 Courts legislate when they engage in “severability analysis,” allowing part of a law to continue in force after having struck down other parts as unconstitutional. This is flawed for the same reason that the legislative veto...
by charlebois | Apr 8, 2014 | Volume 62, Volume 62, Issue 6
R.A. Lenhardt Volume 62, Issue 6, 1527-1578 The persistence of the problems that attend the American color line makes clear the need for greater experimentation and innovation in the area of race. For years now, we have looked primarily to courts for solutions. But...
by charlebois | Apr 8, 2014 | Volume 62, Volume 62, Issue 6
Caren Myers Morrison Volume 62, Issue 6, 1579-1632 When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of...
by charlebois | Apr 8, 2014 | Volume 62, Volume 62, Issue 6
Anders Walker Volume 62, Issue 6, 1633-1672 Few tropes in American legal teaching are more firmly entrenched than the criminal law division between Model Penal Code and common law states. Yet even a cursory look at current state codes indicates that this bifurcation...
by charlebois | Apr 8, 2014 | Volume 62, Volume 62, Issue 6
Keith Cunningham-Parmeter Volume 62, Issue 6, 1673-1728 Ever since Justice Louis Brandeis characterized states as laboratories of democracy, judges and scholars have championed the ability of states to offer a diverse array of solutions to complex national problems....
