A Due Process Right to Record the Police

by Glenn Harlan Reynolds, John A. Steakley, May 12, 2012

I. INTRODUCTION
Do citizens have a right to record the actions of law enforcement officers? This topic has been the subject of considerable discussion, and no small degree of litigation, in recent years.[1] The increase in litigation is driven by dramatic improvements in camera technology, which allow individuals to record and share images in [...]

Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication

by Christopher Slobogin, April 23, 2012

ABSTRACT
The Supreme Court’s 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial “may be rare.” Experience since Sell indicates that this prediction was wrong. In fact, wittingly or not, Sell created three exceptions to its holding [...]

Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won’t Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat

by Brian J. Love, David J. Love, & James V. Krogmeier, March 2, 2012

INTRODUCTION
Americans have a seemingly insatiable appetite for wireless bandwidth. Global mobile data traffic has grown at an annual rate exceeding 140 percent each year since 2008, and it is predicted to increase another 26-fold by 2015. [1] Spurred by increasing adoption of smartphones and tablet computers, growth in the U.S. has outpaced worldwide averages, [...]

Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court’s Decision in Morrison and Why Section 10(b) Still Reaches Issuers of ADRs

by Paul B. Maslo, October 21, 2011

INTRODUCTION
The U.S. Supreme Court’s recent decision in Morrison v. National Australia Bank has substantially shortened the reach of the anti-fraud provisions of the securities laws.[1] Before Morrison, the courts utilized the conduct and effects tests to determine whether § 10(b) of the Securities Exchange Act of 1934 applied. Under those tests, the statute reached fraudulent [...]

Toward a Reality-Based Constitutional Theory

by Andrew Coan, August 5, 2011

INTRODUCTION
For most fields of American legal scholarship, the centrality of empirical questions to the serious study of law is old news.[1] Regrettably, one cannot say this of normative constitutional theory. Despite the alleged triumph of legal realism, despite the empirical turn of closely related fields such as judicial behavior, despite years of savage criticism of [...]

Executive Weapons to Combat Infections of the Art Market

by Jennifer Anglim Kreder, June 19, 2011

We all know that criminal proceedings implicate heightened constitutional protections in comparison to civil proceedings. Many of us also have at least heard of civil forfeiture, somewhat of a hybrid of criminal and civil process that has its roots in this country in the first session of Congress.[1] A civil forfeiture proceeding is filed directly [...]