Put Up or Shut Up: L. Xia v. Tillerson and the Government’s End Run Around Judicial Denaturalization

Kathryn Boughton. The facts read like a movie plot: a broker with multiple aliases, a corrupt government employee, and a man with a stack of cash meet outside of Washington, D.C.1 They arrange how to funnel hundreds of thousands of dollars to purchase forged documents.2 But this was the not the opening scene of a political conspiracy blockbuster. It was the height of Robert Schofield’s multi-year scheme to produce fraudulent immigration and citizenship paperwork for hundreds of individuals. Full Article
Read More

Rewriting Arizona’s Revenge Porn Statute to Fill the Gap in Sex Crime Punishment

Hayden Hilliard. More and more often, women are stumbling across their own nude images on various websites, posted without their permission, and without their knowledge. Many women have come forward, sharing their personal stories, finding images taken several years ago, posted by past lovers who were long forgotten. One of the primary web services offering this lewd content is Anonymous Image Board, or Anon-IB. Websites like Anon-IB not only allow the public to post nude images without the depicted person’s consent, but also facilitate solicitation for images of certain people, known as “wins.” Anon-IB recently attracted widespread attention due to…
Read More

Requiem for a Paradox: The Dubious Rise and Inevitable Fall of Hipster Antitrust

Joshua D. Wright, Elyse Dorsey, Jonathan Klick, Jan M. Rybnicek. For antitrust practitioners, scholars, and economists—those who work with antitrust in agencies, courts, or law firms—the development of the antitrust laws over the past half century has been a remarkable and positive development for the American economy and consumers. Over the last fifty years, antitrust has developed into a coherent, principled, and workable body of law that contributes positively not only to American competitiveness and societal well-being, but also helps to export the culture of market competition around the world. Although a healthy diversity of views governs the intellectual landscape…
Read More

Book Review: A Space Traveler’s Guide to Business Litigation

Reviewed by Jeffrey Willis. Is it possible to create a work that could inform virtually every aspect of any commercial case? The goal of the Fourth Edition of this treatise is exactly that. As explained by Editor-in-Chief Robert L. Haig: [T]his treatise is a step-by-step practice guide that covers every aspect of a commercial case, from the investigation and assessment that take place at the inception, through pleadings, discovery, motions, trial, appeal, and enforcement of judgment. Great emphasis is placed on strategic considerations specific to commercial cases. Full Article
Read More

Creative Constitutional Interpretation as Justification for Rule by the Supreme Court

Lino A. Graglia. Contemporary constitutional scholarship presents the puzzling phenomenon of scholars endlessly writing and debating methods of constitutional interpretation as the central issue to be decided despite the apparent fact that the Constitution plays very little role in the Supreme Court’s so-called constitutional decisions. Constitutional law is the product of judicial review, the extraordinary power, suspect in a democracy, of unelected judges to overturn social policy choices made by elected legislators and other officials of government ostensibly on the ground that they are prohibited by the Constitution. The reality is that our very old and very brief Constitution, even…
Read More

Legal Knowledge, Belief, and Aspiration

Arden Rowell. Do people know the law? On the one hand, it is a brocard, sometimes traced to Aristotle, that nemo censetur legem ignorare: “nobody is thought to be ignorant of the law.” The same intuition underlies the classic maxim that ignorance of the law is no excuse. The intuition behind these principles has both doctrinal and theoretical heft: it underlies important common law doctrines, including those of excuse and mistake, and informs theoretical accounts of law that presume that law guides behavior. Full Article
Read More

Assumption of Flood Risk

Alexander B. Lemann. After spending four days dumping an unprecedented quantity of water on the Houston area, Hurricane Harvey finally slid off the coast to the south, leaving the city to begin the gradual process of wringing itself out and evaluating the damage. Major storms are often treated as showing us something we should have known all along. For many, Hurricane Harvey’s lesson was that the era of climate change—the Anthropocene—is well under way. By the time Harvey reached Houston it was no longer a particularly powerful storm, by the traditional measure of sustained wind speed. But, thanks to the…
Read More