Resolution Triggers for Systemically Important Financial Institutions
John Crawford, Professor of Law, University of California, Hastings College of the Law
"One of the central themes of post-crisis reforms has been tackling the too-big-to-fail problem by trying to ensure that systemically important financial institutions (SIFIs) can fail while neither sparking a broader panic nor requiring taxpayers to cover losses for the SIFIs’ creditors. Solving this problem is vital, . . ."
The Duty to Refrain: A Theory of State Accomplice Liability for Grave Crimes
Rachel López, Associate Professor, Thomas R. Kline School of Law, Drexel University
"In the modern era, as the cooperation between States in military and counter-terrorism efforts increases, so does the risk that a State will facilitate the grave crimes of another State through its political, military, or economic assistance. . . . This raises the question: What legal obligations do States have to refrain from assisting other States in committing grave international crimes?"
Green Fees: The Challenge of Pricing Externalities under State Law
Erin Adele Scharff, Associate Professor, Sandra Day O’Connor College of Law, Arizona State University
"This Article takes a critical look at current state law governing the distinction between user fees and taxes. This Article then argues that Pigovian levies do not fit neatly into either legal category under the definitions in place in most states. As a result, this Article proposes reforms to state user fee definitions that would bring needed clarity to user fee doctrine."
Is Warrantless Urine Testing Constitutional?—Resaonableness of Warrantless Urine Testing in Cases Involving Driving While Under the Influence of Alcohol or Drugs
Mariah Haffield, Recent Graduate, Nebraska College of Law
"First, this Comment will address the development of the law as it applies to warrantless blood and breath testing. Then, this Comment will analyze how the emergency exception applies to warrantless urine testing but ultimately decides it should not fall under this doctrine."
When Tribal Disenrollment Becomes Cruel and Unusual
Judith M. Stinson, Clinical Professor of Law, Sandra Day O’Connor College of Law, Arizona State University
"Although tribes have the inherent authority to resolve disputes and address their members’ conduct with sanctions, disenrolling tribal citizens for criminal conduct constitutes cruel and unusual punishment. The core protection against such punishment is—and should be—available to all citizens within the United States, including Native American citizens."
The Legislative Role in Procedural Rulemaking through Incremental Reform
Briana Lynn Rosenbaum, Associate Professor of Law, University of Tennessee College of Law
"Public policy theory generally studies two types of institutional change: major changes at critical moments and incremental change. Using an institutional public policy theoretical lens, this Article explores congressional efforts to incrementally change the substantive law through procedural change and litigation reform."
Legal Education: A New Growth Vision Part I—The Issue: Sustainable Growth or Dead Cat Bounce? A Strategic Inflection Point Analysis
Hilary G. Escajeda, Adjunct Professor of Tax Law, University of Denver Sturm College of Law
"Legal education programs now face strategic inflection points. To survive and thrive long-term, education programs must embrace entrepreneurship, technology, innovation, platforms, and customer service as the means by which to navigate through strategic inflection points. Imagination, adaptability, agility, determination, and speed will separate market leaders from laggards."
Unreported Sexual Assault
Saul Levmore and Martha C. Nussbaum, Professors of Law, University of Chicago Law School
"Unreported criminal behavior is troubling for a variety of reasons, including the likelihood that it reduces the law’s ability to deter wrongdoing. This Article examine[s] the possibility of encouraging reports with rewards and penalties and explain[s] why rewards are superior to penalties."
“Essentially Black”: Legal Theory and the Morality of Conscious Racial Identity
Kenneth B. Nunn, University of Florida Levin College of Law
"In this Article, I examine the anti-essentialism critique that has developed in Critical Race and LatCrit legal theory. I argue that the anti-essentialism critique offered by critical theorists is misguided insofar as it claims that the assertion of a conscious racial identity is morally wrong."
Known Unknowns: Legislating for a Juvenile’ s Reformative Uncertainty
Tiffani N. Darden, Michigan State University College of Law
"Juvenile offenders are constitutionally different from their adult counterparts. . . . In this Article, I argue that when reviewing juvenile sentences in criminal courts, the Supreme Court’s Eighth Amendment analysis should treat the national consensus prong as subordinate to its own judgment based on social science, developmental psychology, and neuroscience research advancements."