Volume 73, Issue 3
Summer 2024
ARTICLE
The Discipline of Rudy Giuliani and The Real Fraud of the 2020 Election
George M. Cohen
Abstract. In Matter of Giuliani, the New York Appellate Division held that Rudy Giuliani’s knowingly false statements of fact during the period after the 2020 presidential election violated the Rules of Professional Conduct and warranted interim suspension of his license. This paper argues that the court reached the right result but did not use the best rule and the best rationale . . .
ARTICLE
Explaining the Comprehensive Immigration Reform Stalemate in Congress
Maryam T. Stevenson
Abstract. Historically, congressional policy goals on immigration have vacillated from open to restrictive as various micro and macro-level factors have changed both inside and outside the Beltway. While Congress has been subjected to some immigration lobbies over time, it has largely been isolated from a general public opinion on immigration policy until fairly recently . . .
COMMENT
Emily Arterbury
Abstract. This Comment examines the legal implications of the sanctions issued by the Department of the Treasury’s Office of Foreign Asset Control against Tornado Cash, an application that enables user privacy protection in transactions on the Ethereum blockchain. With the rapid expansion of the digital asset revolution, policymakers remained puzzled as to how to best establish a regulatory scheme that protects consumers without chilling innovation and investment in the digital asset market . . .
COMMENT
Dude, Where’s My Data? A Legislative Band-Aid for Data Brokers’ Bullet Hole in Consumer Privacy Protection
Emily Bushman
Abstract. The development and proliferation of the Internet, GPS, cell phones, social media, and the associated data that support these now ubiquitous technologies have created a new ecosystem of information making up a person’s digital identity. Our digital footprints have traditionally been subject to different levels of privacy protection depending upon the kind of data at issue . . .
ESSAY
Judicial Power and Potential Unconstitutionality: A Scholastic Perspective
Kevin C. Walsh
There is a fundamental legal distinction between making the law and applying it. All manner of juridical confusion follows from neglect of this distinction, as the Supreme Court’s statutory severability doctrine strikingly illustrates . . .