The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism

Abstract When victims of intimate terrorism leave their abusers, the abuse rarely ends. While many victims exit intimate relationships to try to escape the abuse, for most, their bravery in leaving only angers their abusers further. Rather than lose control over their victims, many abusers continue to manipulate and terrorize their former intimate partners forContinue reading “The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism”

Diversity and the Federal Bench

Justice Sonia Sotomayor’s appointment was historic. She is the first Latina Supreme Court member and President Barack Obama’s initial appointment. Her confirmation is the quintessential example of his commitment to increasing ethnic and gender diversity in the judiciary; it epitomizes how the administration has nominated and appointed people of color and women to the appellateContinue reading “Diversity and the Federal Bench”

The Case for Employee Referenda on
Transformative Transactions As Shareholder
Proposals

This proposal would amend the bylaws to provide for a non-binding employee vote on any merger, acquisition, or other corporate combination on which the shareholders are also entitled to vote. The purpose of the referendum is to provide shareholders with information regarding the employees’ views on the transaction. Employees are in the midst of theContinue reading “The Case for Employee Referenda on
Transformative Transactions As Shareholder
Proposals”

Closing the Legislative Experience Gap: How a
Legislative Law Clerk Program Will Benefit the
Legal Profession and Congress

In this gloomy hiring season there is at least one increasingly bright spark, one that may light the way to a new kind of apprenticeship experience for future participants in the highly competitive nationalclerkship market. Pending in the U.S. Senate isHouse Bill 151, and its Senate companion, Senate Bill 27, that would for the firstContinue reading “Closing the Legislative Experience Gap: How a
Legislative Law Clerk Program Will Benefit the
Legal Profession and Congress”

Bailouts, Bonuses, and the Return of Unjust Gains

In March 2009, ailing insurance giant American International Group (AIG) triggered a national outcry when it paid out $165 million in government bailout funds for employee bonus incentives. President Obama called the bonus payments an “outrage” and promised that his administration would “pursue every single legal avenue to block these bonuses and make the taxpayersContinue reading “Bailouts, Bonuses, and the Return of Unjust Gains”

Executive Weapons to Combat Infection of the Art Market

Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that accompanying the civil forfeiture proceeding filed in federal court in 1999 against Portrait of Wally, a painting by Egon Schiele. The seizure caused an uproar in the art world, which largely wasContinue reading “Executive Weapons to Combat Infection of the Art Market”

Constitutional Rights and Judicial Independence:
Lessons from Iowa

As was true across the country, the elections held in Iowa this past November were tough on incumbents. In Iowa, however, it was not just legislative and executive candidates that fell at the hands of an angry and confused electorate — three members of the state supreme court also lost their jobs after a controversialContinue reading “Constitutional Rights and Judicial Independence:
Lessons from Iowa”

How the U.S. Government’s Market Activities Can
Bolster Mobile Banking Abroad

To combat corruption and increase the effectiveness of foreign aid, the United States should require that all of its foreign aid distributions, reconstruction projects, and payments for services abroad go through banking channels — that is, the U.S. government should strive to eliminate cash transactions whenever possible. In U.S. operations in many parts of theContinue reading “How the U.S. Government’s Market Activities Can
Bolster Mobile Banking Abroad”

A Reply to Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation

Written in the form of a fictional memo by Elena Kagan to the President of the U.S., this commentary offers a reply to the fictional memo by the President’s Counsel arguing that the President should not allow Justice Kagan to proceed with her remarks. The memo concedes the Counsel’s view that conservatives have succeeded in establishing theContinue reading “A Reply to Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation”

Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation

Written in the form of a fictional memo by Counsel to the President, Ray Politik, this commentary offers a reply to a fictional opening statement for Justice Kagan’s confirmation hearing. The proposal argues that Justice Kagan’s statement is strategically misguided and should not be understood as a “teaching moment”. The commentary argues that conservatives have succeededContinue reading “Elena Kagan Can’t Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation”