Category: Volume 53 (2021) Issue 1 (Spring)

Victoria Romine* Full Article. Introduction In 2018, the capture of the “Golden State Killer,” also known as the “East Area Rapist” or the “Original Night Stalker,” captured the eyes of the nation.[1] The man responsible for at least thirteen murders and fifty rapes—crimes that many thought would never be solved—was taken into custody and charged with capital murder.[2] Why the sudden movement in a case that had been cold for over three decades? Joseph DeAngelo, the now-infamous serial killer, was definitively identified through DNA using a breakthrough new science: genetic genealogy.[3] At the time, the potential of this new method…

Delilah R. Cassidy* Full Article. “For years I asked, pleaded for a chance to own my work. . . . This is what happens when you sign a deal at fifteen to someone for whom the term ‘loyalty’ is clearly just a contractual concept. And when that man says ‘Music has value[,]’ he means its value is beholden to men who had no part in creating it. . . . And hopefully, young artists or kids with musical dreams will read this and learn about how to better protect themselves in a negotiation. You deserve to own the art you make.” – Taylor Swift[1] I.…

Nicholas Ansel* Full Article. I. Introduction 2020 brought the world’s attention to bear on American policing and the American carceral regime. After the murder of George Floyd on May 25, 2020, protests erupted in every state in America.[1] By early July, experts estimated that “about 15 million to 26 million people in the United States ha[d] participated in demonstrations,” representing “the largest movement in the country’s history.”[2] As of mid-October, Black Lives Matter demonstrations still continue in many cities.[3] America now cages more people than any other country in the history of Earth, incarcerating African Americans “at a rate six…

Robert Thomas* Full Article. Abstract Corporate criminal law is built atop the doctrine of respondeat superior, whereby a business organization can be convicted for virtually any crime committed by its employee. Critics have noted for more than a century that this rule of attribution exposes businesses to the prospect of more criminal liability than is either just or efficient—in short, respondeat superior is overbroad. By contrast, virtually no attention has been paid to the fact that this same doctrine is also underbroad; in addition to including too much conduct under its ambit, respondeat superior also captures too little misconduct. However,…

Jonathan Remy Nash* Full Article. Abstract Who, besides the U.S. Department of Justice, can prosecute criminal actions in federal court? This Article considers this question, which has arisen recently in various contexts—the DOJ’s attempt to abort the prosecution of former National Security Advisor Michael Flynn, the contempt prosecution of former Sheriff Joseph Arpaio (who received a presidential pardon), the confrontation over the court-appointed interim U.S. Attorney in New York, and a local District Attorney’s threats to prosecute lawbreaking federal law enforcement officials. Consider first nontraditional, trial-level federal prosecutions. The Constitution’s Take Care and Appointments Clauses, as well as standing doctrine,…

John Coyle* & Katherine C. Richardson**Full Article.AbstractA forum selection clause is a contractual provision that selects a court for future disputes. Such clauses serve two primary functions. First, they may be used to redirect litigation from one state to another (an “outbound” clause). Second, they may be used to extend the personal jurisdiction of the chosen court over the contracting parties (an “inbound” clause). To date, scholars have focused most of their attention on the redirecting function played by outbound clauses. In this Article, we provide a definitive account of the role played by inbound clauses as means of obtaining…

Naomi Cahn & June Carbone*Full Article.AbstractA series of Supreme Court decisions recognize the end of the federal–state–corporate partnership that once provided a foundation for employment security and family stability. That partnership, which reached its pinnacle during the industrial era, established a family wage made available to the majority of the male population through unionization, a social safety net that filled the gaps left by wage labor, and the extension of these public and private benefits to women and children through marriage.Uncoupling shows how family security and stability can no longer be linked to employment or marriage, requiring a redesign of…