Volume 128 Issue 3
January 2015
Article
Notes
Deference and the Federal Arbitration Act
The NLRB's determination of substantive statutory rights
Education Policy Litigation as Devolution
How a new approach to vindicating educational rights mitigates the judicial concerns that plagued past efforts
Physically Intrusive Abortion Restrictions as Fourth Amendment Searches and Seizures
A new conceptual avenue for challenging abortion restrictions
Copyright Reform and the Takings Clause
Can Congress retroactively shorten the copyright term?
Recent Cases
North Carolina Ass’n of Educators, Inc. v. State
Repeal of Tenure Violates Tenured Teachers' Constitutionally Protected Contractual Rights.
State v. Kelly
Connecticut Supreme Court Upholds Suspicionless Street Stop of Suspect's Companion.
Natural Resources Defense Council, Inc. v. FDA
Second Circuit Upholds FDA's Decision Not to Withdraw Approval from Potentially Dangerous Animal Drugs.
In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp.
District Court Holds that SCA Warrant Obligates U.S. Provider to Produce Emails Stored on Foreign Servers.
United States v. UmaƱa
Fourth Circuit Finds No Right to Confrontation During Sentence Selection Phase of Capital Trial.
Dolgencorp, Inc. v. Mississippi Band of Choctaw Indians
Fifth Circuit Disclaims Independent Obligation to Ensure that Tribal Courts Have Subject Matter Jurisdiction in Disputes Involving Nonmembers.
Wollschlaeger v. Governor of Florida
Eleventh Circuit Upholds Florida Law Banning Doctors from Inquiring About Patients' Gun Ownership When Such Inquiry Is Irrelevant to Medical Care.
Recent Draft Resolution
U.N. SCOR, 69th Sess., 7180th mtg. at 4, U.N. Doc. S/PV.7180 (May 22, 2014)
Draft Security Council Resolution Referring Syrian Conflict to the International Criminal Court Vetoed by Russia and China (13 in Favor, 2 Against).
Recent Publication
Recent Publications – January 2015
Forum
Agency Coordinators Outside of the Executive Branch
The search for effective interagency oversight
The Born-Again Champion of Conscience
Robert George, once a skeptic of religious-exemption rights, now demands their unprecedented expansion