19 cfr 145 59
- Toward a new system of environmental regulation: the case for an industry sector approach.
- The beast of burden in immigration bond hearings.
- They were here first: American Indian tribes, race, and the constitutional minimum.
- CASE SUMMARIES.
- Admonitions or Accountability?: U.S. Implementation of the Hague Adoption Convention Requirements for the Collection and Disclosure of Medical and Social History of Transnationally Adopted Children
- III. Miscellaneous.
885 F.3d 27 (1st Cir. 2018), 17-1484, United States v. Sabean
The First Circuit affirmed Defendant’s convictions for tax evasion, unlawful distribution of controlled substances, and health-care fraud, holding that Defendant was fairly tried and lawfully convicted. The Court held (1) the district court did not err in admitting other-acts evidence regarding Defendant’s sexual abuse of his daughter; (2) any error in the other evidentiary rulings disputed by...
Autism, Burlington, and Change: Why It Is Time for a New Approach to the IDEA's Stay-Put Provision
The "stay-put provision" of the Individuals with Disabilities Education Act ("IDEA") serves as an "automatic preliminary injunction" to prevent any change in a student's then-current educational placement until the student's parents and the local educational agency (usually a school district) resolve a dispute over the student's education through administrative and...
- 912 F.3d 1147 (9th Cir. 2019), 14-16161, Ibrahim v. U.S. Department of Homeland Security
Chevron's Liberty Exception
This Article argues that the Supreme Court's practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases...
- DRONE SURVEILLANCE: THE FAA'S OBLIGATION TO RESPOND TO THE PRIVACY RISKS.
A Spoonful of Free Speech Helps the Medicine Go Down: Off-Label Speech & the First Amendment
For over a decade, drug manufacturers have maintained that Food and Drug Administration ("FDA") regulations restricting their ability to promote prescription drugs for off-label uses violate the First Amendment. Courts faced with First Amendment challenges to the FDA's off-label speech restrictions have been reluctant to declare them facially unconstitutional. These courts fear that...
Why the Sixth Amendment Right to Counsel Includes an Out-of-Court Interpreter
The Sixth Amendment provides defendants the right to confer with counsel before trial and during recesses. The federal and most state court systems provide a court interpreter for in-court proceedings for indigent defendants who cannot speak English. However, neither the federal nor state systems provide an interpreter for out-of-court communications between attorneys and limited English...
- 100% ALL NATURAL AMBIGUITY: A COMPARATIVE APPROACH TO FOOD LABELING REQUIREMENTS FOR THE TERM 'NATURAL' BY THE FOOD AND DRUG ADMINISTRATION AND THE EUROPEAN UNION.
- Unbundled bargains: multi-agreement dealmaking in complex mergers and acquisitions.
- Caught in the crosshairs: developing a Fourth Amendment framework for financial warfare.
- Congressional funding speaks louder than presidential words: cold, hard cash versus the recognition power.
- Squalls in the safe harbor: investment advice & regulatory gaps in regulation crowdfunding.
- The Statutory Separation of Powers.
- The Constitution of Parenthood.
Just Take My Word for It: Creating a Workable Test to Ensure Reliability in Overseas Document Verification Reports for Asylum Proceedings
This Note addresses the practice of Overseas Document Verification, an investigatory process through which employees of the U.S. Department of State attempt to verify the authenticity of documents submitted as evidence with asylum applications. The investigators' reports following these investigations sometimes contain few details regarding the methods used to reach their conclusions. This Note...
- Mind the Gap: Bridging Gender Wage Inequality in Louisiana
- SECURITIES LIABILITY AND THE ROLE OF D&O INSURANCE IN REGULATING INITIAL COIN OFFERINGS.
An Unqualified Right to Self-Defense: Alienage Restrictions and the Second Amendment
Conditioning fundamental rights on citizenship, including the fundamental right to keep and bear arms as provided by Heller and the Second Amendment, runs afoul of the principles of the Constitution itself. Any fundamental right in which protecion is conditioned on an alienage or citizenship basis is contrary to the stated purpose of the Constitution–elevating the rights of the individual above...
- THE FATAL FAILURE OF THE REGULATORY STATE.