Category: Volume 67, Issue 3
-
Weed and Water Law: Regulating Legal Marijuana
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Ryan B. Stoa Volume 67, Issue 3, 565-622 Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington, D.C. Between now and election day 2016, an additional fourteen states might place…
-
Collective Liberty
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Josh Blackman Volume 67, Issue 3, 623-86 The story of our Constitution is a tale of two liberties: individual freedom and collective freedom. The inherent tension between these two is well known. Judicial protection of individual liberty inhibits the collective from freely arranging society through the democratic process. In contrast, judicial protection of…
-
Internal Jus ad Bellum
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Eliav Lieblich Volume 67, Issue 3, 687-748 In 1945, the United Nations Charter famously set out “to save succeeding generations from the scourge of war.” Having in mind traditional interstate wars, the Charter’s Article 2(4) outlawed, for the first time, interstate uses of force. However, nowadays, international wars are relatively rare, while civil…
-
Hedgehogs and Foxes: The Case for the Common Law Judge
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Evelyn Keyes Volume 67, Issue 3, 749-806 With the epigram, “The fox knows many things, but the hedgehog knows one great thing,” Ronald Dworkin, America’s foremost contemporary legal philosopher, summarized his lifelong quest for the objectively true laws necessary to a just democratic society and for perfectionist judges of single-minded integrity—hedgehogs—to recognize and…
-
Smoke and Mirrors: How Current Firearm Relinquishment Laws Fail to Protect Domestic Violence Victims
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Laura Lee Gildengorin Volume 67, Issue 3, 807-48 In 2011, two-thirds of murdered women died at the hands of a current or former intimate partner who used a firearm. Thus, it is imperative to remove guns from the control of domestic violence offenders. With increased media coverage, domestic violence is at the forefront…
-
Talent for Sale: The Need for Enhanced Scrutiny in Judicial Evaluation of Acqui-Hires
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Samantha Nolan Volume 67, Issue 3, 849-80 Large technology corporations are purchasing smaller companies at an increasing rate with one goal in mind—engineers. This practice has recently been given its own name—acqui-hiring. The buying corporation purchases the target, poaches its employees, jettisons its projects, and generally kills the company. Who is injured in…
-
Subverting Workers’ Rights: Class Action Waivers and the Arbitral Threat to the NLRA
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Nicole Wredberg Volume 67, Issue 3, 881-912 The National Labor Relations Act (“NRLA”) was born out of the industrial strife of the Great Depression and provides for employee collective rights in order to prevent the potentially devastating economic consequences of an unstable working environment. The rights provided by the NLRA generally encompass the…