The Right to Remain Armed

Jeffrey Bellin
The laws governing gun possession are changing rapidly. In the past two years, federal courts have wielded a revitalized Second Amendment to invalidate longstanding gun carrying restrictions in Chicago, the District of Columbia, and throughout California. Invoking similar Second Amendment themes, legislators across the country have steadily deregulated public gun carrying, preempting municipal gun control ordinances in cities like Philadelphia, Atlanta, and Cleveland. These changes to substantive gun laws reverberate…



When Any Sentence is a Life Sentence: Employment Discrimination Against Ex-Offenders

Dallan F. Flake
For the sixty-five million Americans with a criminal record, it is cruelly ironic that perhaps the most important resource for turning their lives around—employment—is also often the most elusive. Shut out from legitimate job opportunities, many ex-offenders resort to illegal means of survival that hasten their return to prison. Recidivism has devastating consequences not only for the individual offender, but also the family, the community, and society at large. This…

Public Actors in Private Markets: Toward a Developmental Finance State

Robert C. Hockett and Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision—captured in what we call a “developmental finance state”—is based on three key propositions: (1) that…

Life is Better in the Land Down Under: Australian Treatment of GM Contamination and Why It Should Be Followed in the United States

Jeremy A. Tripp
Over the past two decades, the United States has seen the introduction and widespread adoption of genetically modified (“GM”) crops, followed by the rise in popularity of organic products. These two industries, while diametrically different, together form the base of the hugely important agriculture sector in the United States. As GM and organic farmers attempt to exist side by side, the potential for inadvertent contamination looms large. GM materials can…

Protection for the Vulnerable: How Unaccompanied Minors From El Salvador, Guatemala, and Honduras Can Qualify for Asylum in the United States

Melissa Weiss
In the past few years there has been an increased number of unaccompanied minors coming to the United States from El Salvador, Guatemala, and Honduras. They make a long and often dangerous journey to flee violence in their home countries and seek protection in the United States. One way these children may seek protection is by claiming asylum. The definition of asylum in the United States provides for protection if…

The Right to a Public Trial and Closing the Courtroom to Disruptive Spectators

Stephen E. Smith
The Sixth Amendment to the United States Constitution provides, in part, that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” Like many constitutional rights, however, the right to a public trial is not absolute. Courtrooms may be closed to the public in some situations. In Waller v. Georgia, the Supreme Court set forth the test trial courts should apply to determine whether…