Northwestern University Law Review

Scholarly journal that features legal commentary, emerging developments, topic analysis, and controversial issue debate.

Articles from Vol. 107, No. 3, 2013

An FDA for Financial Innovation: Applying the Insurable Interest Doctrine to Twenty-First-Century Financial Markets
ABSTRACT-The financial crisis of 2008 was caused in part by speculative investment in complex derivatives. In enacting the Dodd-Frank Act, Congress sought to address the problem of speculative investment, but it merely transferred that authority to various...
Contested Shore: Property Rights in Reclaimed Land and the Battle for Streeterville
ABSTRACT-Land reclaimed from navigable waters is a resource uniquely susceptible to conflict. The multiple reasons for this include traditional hostility to interference with navigable waterways and the weakness of rights in submerged land. In Illinois,...
ERIE'S INTERNATIONAL EFFECT[dagger]
ABSTRACT-To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, Professor Childress argues that a federal court choosing between state law and the law of a foreign nation should often (or...
Prevention, Not Prejudice: The Role of Federal Guidelines in HIV-Criminalization Reform
ABSTRACT-Thirty-four states and two U.S. territories have criminal statutes that specifically impose criminal liability for HIV transmission, exposure, or nondisclosure. With possible sentences ranging up to thirty years, these statutes have even provided...
Racketeering after Morrison: Extraterritorial Application of Civil Rico
ABSTRACT-In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial...
Reviving the Privacy Protection Act of 1980
ABSTRACT-The federal privacy legislative scheme is composed of a fragmented patchwork of aging sector-specific statutes-many enacted prior to the advent of the home computer-that supplement the Fourth Amendment to regulate government access to information....
The Chief Justice, the Appointment of Inferior Officers, and the "Court of Law" Requirement
ABSTRACT-In addition to his judicial duties, the Chief Justice presides over a sprawling judicial bureaucracy. Each year, the Chief fills positions within that bureaucracy, designating Article III judges to various specialty courts and appointing such...
THE CONTRACEPTION MANDATE[dagger]
ABSTRACT-Under the new health care regime, health insurance plans must cover contraception. While religious employers are exempt from this requirement, religiously affiliated employers are not. Several have sued, claiming that the "contraception mandate"...
The Meaning of the Seventeenth Amendment and a Century of State Defiance
ABSTRACT-Nearly a century ago, the Seventeenth Amendment to the U.S. Constitution worked a substantial change in American government, dictating that the people should elect their senators by popular vote. Despite its significance, there has been little...
THE MYTH OF A VALUE-FREE INJURY LAW: CONSTITUTIVE INJURY LAW AS A CULTURAL BATTLEGROUND[dagger]
THE MYTH OF A VALUE-FREE INJURY LAW: CONSTITUTIVE INJURY LAW AS A CULTURAL BATTLEGROUND AN INJURY LAW CONSTITUTION. By Marshall S. Shapo. New York, N.Y.: Oxford University Press 2012. Pp. 284. $85.00.INTRODUCTIONAs they age, most academics do not wear...
The Upside-Down Inequitable Conduct Defense
ABSTRACT-"Inequitable conduct" is a patent law doctrine that renders a patent unenforceable when the patentee is found to have acted improperly before the U.S. Patent and Trademark Office. It is widely reviled and frequently criticized for being draconian:...
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