February 2009 Vol. 107 No. 4 THE REVIEW
ARTICLES

The Case for the Third-Party Doctrine

Orin S. Kerr

This Article offers a defense of the Fourth Amendment’s third-party doctrine, the controversial rule that information loses Fourth Amendment protection when it is knowingly revealed to a third party. Fourth Amendment scholars have repeatedly attacked the rule on the ground that it is unpersuasive on its face and gives the government too much power. This Article responds that critics have overlooked the benefits of the rule and have overstated its weaknesses.

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The Success of Chapter 11: A Challenge to the Critics

Elizabeth Warren & Jay Lawrence Westbrook
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NOTES

Irrelevant Oversight: “Presidential Administration” from the Standpoint of Arbitrary and Capricious Review

Daniel P. Rathbun

The president is now regularly and heavily involved in the decision-making processes of administrative agencies. What began in the mid-twentieth century as macro-level oversight has evolved, since the Reagan Administration, into controlling case-level influence. Scholars have hotly debated the legality of this shift and have compellingly demonstrated the need to ensure that agencies remain accountable and that their decisions remain nonarbitrary in the face of presidential involvement. However, as this Note demonstrates, the existing scholarship has not provided an adequate solution to these twin problems. 

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Causation or Correlation? The Impact of LULAC v. Clements on Section 2 Lawsuits in the Fifth Circuit

Elizabeth M. Ryan
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& Other Current Events

Crawford v. Washington: A Ten Year Retrospective

No one disputes the significance of Crawford v. Washington, 541 U.S. 36 (2004), which fundamentally transformed Confrontation...

Come Back to the Boat, Justice Breyer!

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly...

Crawford v. Washington: The Next Ten Years

Imagine a world . . . in which the Supreme Court got it right the first time. That is,...

The Crawford Debacle

First a toast-to my colleague Jeff Fisher and his Crawford compatriot, Richard Friedman, on the...

Confrontation and the Re-Privatization of Domestic Violence

When the Supreme Court transformed the right of confrontation in Crawford v. Washington, the prosecution...
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