Article

Blackness as Delinquency

Cheryl Nelson Butler
This is one of the first law review article to analyze both the role of ―blackness‖ in shaping the first juvenile court and the black community’s response to the court’s jurisprudence. This Article breaks new ground on two fronts. First, it considers the first juvenile court’s treatment of black youth within the context of the heightened racial oppression immediately following the Supreme Court’s landmark decision in Plessy v. Ferguson. Second,…
Article

Patent Law’s Functionality Malfunction and the Problem of Overbroad, Functional Software Patents

Kevin Emerson Collins
Contemporary software patents are problematic because they are often overbroad. This Article offers a novel explanation of the root cause of this overbreadth. Patent law suffers from a functionality malfunction: the conventional scope-curtailing doctrines of patent law break down and lose their ability to rein in overbroad claims whenever they are brought to bear on technologies, like software, in which inventions are purely functional entities. In addition to identifying the…
Article

Asking the First Question: Reframing Bivens After Minnici

Lumen N. Mulligan and Alexander A. Reinert
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics suit against employees of a privately run federal prison because state tort law provided an alternative remedy, thereby adding a federalism twist to what had been strictly a separation-of-powers debate. In this Article, we show why this new state-law focus is misguided. We first…
Note

Mr. Emanuel Returns From Washington: Durational Residence Requirements and Election Litigation

Gavin J. Dow
In the heat of the 2011 Chicago mayoral campaign, an appellate court in Illinois ordered the name of front-runner Rahm Emanuel, a former congressman and White House Chief of Staff, stricken from the ballot based on its determination that Emanuel had not been a Chicago resident for the one year preceding election day. The election was thrown into turmoil less than a month before voters were to go to the…
Note

“Concert” or Solo Gig? Where the NLRB Went Wrong When it Linked in to Social Networks

Andrew Metcalf
This Note argues that some of the recent social media decisions by Administrative Law Judges (ALJs) and the National Labor Relations Board (NLRB) may extend section 7‘s protection of concerted activity beyond what precedent allows.32 Furthermore, it proposes that even where the activity is concerted and for mutual aid or protection, the NLRB should not apply section 7 protection to employee social network posts that tarnish the employer‘s public image…
Commentary

Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism

Duane L. Ostler
The term ―judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different things. It most commonly applies to judicial decisions that exceed judicial authority on issues that otherwise would be decided by the legislature and is most frequently invoked when some aspect of the bill of rights is litigated. Political leaders in both parties have condemned judicial activism,…