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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& Other Current Events

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...

A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle

For thirty years, the Armed Career Criminal Act ("ACCA") has imposed a fifteen-year mandatory minimum...

Rethinking the Timing of Capital Clemency

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority...

The Political Safeguards of Horizontal Federalism

For decades, we have debated whether "political safeguards" preserve healthy relations between the states...

A Solution to Michigan's Child Shackling Problem

Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons,...
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