FIRST IMPRESSIONS
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A Step Forward, or a Step Back?

Tom Lininger

Prosecutors, defense attorneys, and lower court judges hoped that the Supreme Court's ruling in the consolidated cases of Davis v. Washington and Hammon v. Indiana (hereafter simply Davis) would provide a primer on testimonial hearsay. In retrospect, these hopes were somewhat unrealistic.

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First Impressions

Commerce in the Commerce Clause: A Response to Jack Balkin

Robert G. Natelson & David Kopel
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Constitutional Interpretation and Judicial Review: A Case of the Tail Wagging the Dog

Michael Halley
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Same-Sex Marriage in the Heartland: The Case for Legislative Minimalism in Crafting Religious Exemptions

Ian C. Bartrum
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Choices Should Have Consequences: Failure to Vaccinate, Harm to Others, and Civil Liability

Douglas S. Diekema
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When "Good" Corporate Governance Makes "Bad" (Financial) Firms: The Global Crisis and the Limits of Private Law

Nicholas Calcina Howson
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THE REVIEW
February 2012 Vol. 110 No. 4
CURRENT FEATURES

Inside Agency Preemption

Catherine M. Sharkey
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Criminal Sanctions in the Defense of the Innocent

Ehud Guttel & Doron Teichman
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NOTES

On Strict Liability Crimes: Preserving a Moral Framework for Criminal Intent in an Intent-Free Moral World

W. Robert Thomas
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The Justiciability of Fair Balance under the Federal Advisory Committee Act: Toward a Deliberative Process Approach

Daniel E. Walters
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ANNOUNCEMENTS
& Other Current Events

How the Gun-Free School Zones Act Saved the Individual Mandate

  For all the drama surrounding the Commerce Clause challenge to the individual mandate provision...
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Citing Orin Kerr from MLR Volume 102, the Court addresses the controversy over GPS trackers and the Fourth Amendment

The Supreme Court's opinion in United States v. Jones, on GPS trackers and the Fourth Amendment, cited...
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Inside Agency Preemption

A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal...
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Criminal Sanctions in the Defense of the Innocent

  Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard...
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On Strict Liability Crimes: Preserving a Moral Framework for Criminal Intent in an Intent-Free Moral World

The law has long recognized a presumption against criminal strict liability. This Note situates that...
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