March 2009 Vol. 107 No. 5 THE REVIEW
ARTICLES

The Supreme Court’s Controversial GVRs—And an Alternative

Aaron-Andrew P. Bruhl

This Article addresses a relatively neglected portion of the Supreme Court’s docket: the “GVR”—that is, the Court’s procedure for summarily granting certiorari, vacating the decision below without finding error, and remanding the case for further consideration by the lower court. The purpose of the GVR device is to give the lower court the initial opportunity to consider the possible impact of a new development (such as a recently issued Supreme Court decision) and, if necessary, to revise its ruling in light of the changed circumstances. The Court may issue scores or even hundreds of these orders every year.

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Property and Relative Status

Nestor M. Davidson
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NOTES

Agency, Code, or Contract: Determining Employees’ Authorization Under the Computer Fraud and Abuse Act

Katherine Mesenbring Field

The federal Computer Fraud and Abuse Act (“CFAA”) provides for civil remedies against individuals who have accessed a protected computer without authorization or in excess of their authorization. With increasing numbers of employees using computers at work, employers have turned to the CFAA in situations where disloyal employees have pilfered company information from the employer’s computer system. The vague language of the CFAA, however, has led courts to develop three different interpretations of “authorization” in these CFAA employment cases, with the result that factually similar cases in different courts can generate opposite outcomes in terms of employee liability under the statute.

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“Airbrushed Out of the Constitutional Canon”: The Evolving Understanding of Giles v. Harris, 1903–1925

Samuel Brenner
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House Swaps: A Strategic Bankruptcy Solution to the Foreclosure Crisis

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