Informants and the Fourth Amendment: A Reconsideration

Tracey Maclin
This Article argues that the Court’s current interpretation of the Fourth Amendment, which sanctions the government’s authority to insert secret spies and informants into our lives, is misguided. Part I highlights the historical background of the Fourth Amendment to show why its procedural safeguards are relevant when considering whether the government should be free of constitutional restraint when deploying informants and spies in our homes and offices. Part II will…

Panacea or Corporate Tool?: Debunking the Supreme Court’s Preference for Binding Arbitration

Jean R. Sternlight
This Article does not advocate reviving the old hostility toward binding arbitration. Rather, the Court should once again apply the Federal Arbitration Act as it was intended to be applied: to accept binding arbitration where it is fair and has been accepted by the parties, and to reject binding arbitration where it has been foisted unfairly upon a weaker party. If the Court fails to change its course, Congress should…

If You Think You No Longer Need to Know Anything About the Rule Against Perpetuities, Then Read This!

David M. Becker
Lawyers have dreaded the common-law rule against perpetuities for many generations, and for good reason. It is difficult to teach and to comprehend; consequently, most lawyers have never mastered it. Additionally, the rule is quirky, difficult to justify, and unfair. In recent years perpetuities law has undergone substantial legislative reform. The majority of these efforts has taken the form of “wait-and-see” conversions of the common-law rule. And the most significant…

A Profit for the Taking: Sale of Condemned Property After Abandonment of the Proposed Public Use

Kevin L. Cooney