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Most Recent Print Issue

Volume 69, Issue 2 

Published October 2020

ARTICLE

The Global Rise of Judicial Review Since 1945
by Steven G. Calabresi

This article expands upon the theory put forth in Professor Bruce Ackerman’s book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law, in which he posits that twentieth century revolutions in a variety of countries led to the constitutionalization of charisma, thus binding countries to the written constitutions established by their revolutionary leaders. Constitutional law scholar, Steven G. Calabresi, argues here that world constitutionalism, in fact, existed prior to 1945, and... [Continue reading here]. 

ARTICLE

When is Police Interrogation Really Police Interrogation? A Look at the Application of the Miranda Mandate
by Paul Marcus

Decades after the Supreme Court’s decision in Miranda v. Arizona, questions abound as to what constitutes interrogation when a suspect is in custody. What appeared a concise, uniform rule has, in practice, left the Fifth Amendment waters muddied. This article addresses a potential disconnect between law enforcement and the courts by analyzing examples of issues arising from Miranda’s application in an array of case law. Ultimately, it attempts to clarify an ambiguity by offering a standard for what conduct classifies as an interrogation.

ARTICLE

Contested Places, Utility Pole Spaces: A Competition and Safety Framework for Analyzing Utility Pole Association Rules, Roles, and Risks
by Catherine J.K. Sandoval 

As climate change augurs longer wildfire seasons, safe, reliable, and competitive energy and communications markets depend on sound infrastructure and well-calibrated regulation. The humble wooden utility pole, first deployed in America in 1844 to extend telegraph service, forms the twenty-first century’s technological scaffold. Utility poles are increasingly contested places where competition, safety, and reliability meet. Yet, regulators and academics have largely overlooked the risks posed by century-old private utility pole associations in California, composed of private and public utility pole owners and... [Continue reading here].

ARTICLE

United States Supreme Court IP Cases, 1810–2019: Measuring & Mapping the Citation Networks
by Joseph Scott Miller

Intellectual property law in the United States, though shaped by key statutes, has long been a common-law field to a great degree. Many decades of decisional law flesh out the meaning of broad-textured, sparely worded statutes. Given the key roles of patent law and copyright law, both federal, the Supreme Court of the United States is i.p. law’s leading apex court. What are

COMMENT

 Cruel and Unusual: Closing the Door on Juvenile De Facto Life Sentences
by Thomas Garrity

There currently exists a split amongst the Federal Circuit Courts that stands ripe for review. The Supreme Court laid down clear precedent in its landmark decisions of Roper v. Simmons, Graham v. Florida, and Miller v. Alabama that capital punishment and life without parole are cruel and unusual as applied to juvenile non-homicidal offenders categorically and as applied to juvenile homicidal offenders without consideration of youth as a mitigating factor. There, however, was a door left open by these cases that allowed for judges to side-step the Court’s mandate… [Continue reading here]. 

COMMENT

Clarifying the Probable Cause Standard in the Internet Age for Crimes Involving Child Pornography
by Justin Kenyon 

Since the rise of the Internet Age in the early 1990s the distribution of child pornography has increased at a staggering rate. In response Congress has repeatedly enacted legislation with the goal of eliminating the child pornography industry however, to date, a uniform probable cause standard to find evidence of these crimes remains elusive. This article explores the various approaches used to establish a sufficient basis of probable cause to search for evidence of child pornography… [Continue reading here]. 

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