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

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

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,...
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