April 2007 Vol. 105 No. 6 THE REVIEW
ARTICLES
Foreword: Settler's Remorse
Who can quarrel with the notion that settling civil cases is generally a good thing? Litigation is expensive, time-consuming, preoccupying, and often personally destructive. Our courts are overburdened and, in any event, imperfect decision-making entities. It may even be true that, more often than not, “the absolute result of a trial is not as high a quality of justice as is the freely negotiated, give a little, take a little settlement.”
February 2012 Vol. 110 No. 4
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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...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...Inside Agency Preemption
A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal...Criminal Sanctions in the Defense of the Innocent
Under the formal rules of criminal procedure, fact finders are required to apply a uniform standard...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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