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Jurisdiction and Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied

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Securitization and Post-Crisis Financial Regulation

There are few types of securities as internationally traded as those issued in securitization (also spelled securitisation) transactions. The post-financial crisis regulatory responses to securitization in the United States and Europe are, at least in part, political and ad hoc. To achieve a more systematic regulatory framework, this Essay examines how existing regulation should be […]

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Excessive Force and the Media

Recent allegations of police officers using excessive force against people of color have received considerable attention in the media. Yet such incidents have largely stalled in the legal system. With a few notable exceptions, neither criminal nor civil proceedings, at either the federal or state level, have provided recourse for those injured by the police […]

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Originalism as Faith

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Collection Anxiety

DNA is not the only path to exoneration. Some of the wrongfully accused exculpate themselves using video recordings, transaction records, and other digital information. Given the gluttonous data collection practices of our government, these exoneration stories should be much more frequent than they are. Digital Innocence by Joshua A.T. Fairfield and Erik Luna puts forward […]

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Symmetries—and Asymmetries—Between Theories of Statutory Interpretation

Richard Fallon exposes a myth of textualism.  Textualists like to criticize other interpretive methods for giving judges too much leeway to impose their values on society.  As Fallon explains, however, textualist and nontextualist interpreters alike must inevitably consider values in giving meaning to legal texts.  While recognizing that the choice among different interpretive methods has […]

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Congress’s (Less) Limited Power to Represent Itself in Court: A Comment on Grove and Devins

In their recent article, Congress’s (Limited) Power to Represent Itself in Court, Tara Leigh Grove and Neal Devins make the case against congressional litigation in defense of the constitutionality of federal statutes. They conclude that Congress, or a single House of Congress, may not defend the constitutionality of federal statutes in court even when the […]

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Habeas Corpus Standing Alone: A Reply to Lee B. Kovarsky and Stephen I. Vladeck

The differences between habeas corpus and due process are important. The Due Process Clause, among other things, regulates the procedures that the government must use before it detains a person and holds the person in custody. But the Suspension Clause safeguards a more elemental habeas privilege. That is, under the Suspension Clause, the judge examines […]

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Reform or Abolition? A Comment on Colleen V. Chien & Mark A. Lemley, Patent Holdup, the ITC, and the Public Interest

Colleen Chien and Mark Lemley’s paper, Patent Holdup, the ITC, and the Public Interest, proposes three principal reforms to the manner in which the International Trade Commission (hereinafter, the “ITC” or “the Commission”) should exercise its discretion in awarding exclusion orders against the importation of patent-infringing goods: first, the ITC should sometimes soften the impact […]

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Accidental Suicide Pacts and Creditor Collective Action Problems: The Mortgage Mess, the Deadweight Loss, and How to Get the Value Back

For six years now, the nation has been struggling with the fallout of a residential real estate bubble and bust. From their 2006 highs, housing prices are down nationally by 26.4%. In harder hit communities, the figure is significantly higher. In Nevada, for example, house prices remain 51.6% below their 2006 peak levels. This is […]

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