Volume 127 Issue 2
December 2013
Tribute
Ronald Dworkin
Article
The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information
Essays
The Path Not Taken: H.L.A. Hart’s Harvard Essay on Discretion
Discretion
H.L.A. Hart’s Lost Essay: Discretion and the Legal Process School
Notes
Danger Lurking in the Shadows: Why Regulators Lack the Authority to Effectively Fight Contagion in the Shadow Banking System
The Vagaries of Vagueness: Rethinking the CFAA as a Problem of Private Nondelegation
Toward a General Good Faith Exception
Recent Cases
United States v. Caronia
Second Circuit Holds that Prohibiting Truthful Off-Label Promotion of FDA-Approved Drugs by Pharmaceutical Representatives Violates First Amendment.
Lobato v. State
Colorado Supreme Court Upholds State's School Finance System as Rationally Related to the "Thorough and Uniform" Mandate of the Colorado Constitution's Education Clause.
Morrow v. Balaski
Third Circuit Holds that State Has No Duty to Protect Schoolchildren from Bullying Under the Special Relationship or State-Created Danger Exceptions.
United States v. Wurie
First Circuit Holds that the Search-Incident-to-Arrest Exception Does Not Authorize the Warrantless Search of Cell Phone Data.
Smith v. Commissioner, Alabama Department of Corrections
Eleventh Circuit Holds that Postconviction Counsel's Misconduct Does Not Excuse Untimely Petition.
Recent Legislation
National Defense Authorization Act for Fiscal Year 2013
Congress Renews Restrictions on President's Power to Transfer Guantanamo Detainees to Foreign Countries.
Recent Legislative Debate
Texas State Senator Wendy Davis Filibusters Abortion Bill.
Senate Session, Tex. State Senate (June 25, 2013), http://www.senate.state.tx.us/avarchive/ramav.php?ram=00006278
Recent Publication
Recent Publications – December 2013
Forum
Creaky Leviathan: A Comment on David Pozen’s Leaky Leviathan
Responding to David Pozen, The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information, 127 Harv. L. Rev. 512 (2013)
Whose Secrets?
Responding to David Pozen, The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information, 127 Harv. L. Rev. 512 (2013)