Article

Unraveling Unlawful Command Influence

Monu Bedi
Military commanders are not just officers leading soldiers into battle. In the military justice system, they also serve quasi-prosecutorial roles and decide what charges to bring and whether to accept a plea. With this responsibility comes the potential for misconduct, no different than with civilian prosecutors. Commanders too can improperly coerce witnesses or withhold favorable evidence. Enter the “unlawful command influence” doctrine, the military’s response to combating this misconduct. While…
Article

A Quantitative Analysis of Writing Style on the U.S. Supreme Court

Keith Carlson, Michael A. Livermore and Daniel Rockmore
This Article presents the results of a quantitative analysis of writing style for the entire corpus of US Supreme Court decisions. The basis for this analysis is the measure of frequency of function words, which has been found to be a useful “stylistic fingerprint” and which we use as a general proxy for the stylistic features of a text or group of texts. Based on this stylistic fingerprint measure, we…
Article

What Administrative Law Can Teach the Trademark System

Melissa F. Wasserman
In 2014, the Patent and Trademark Office (“Trademark Office” or “Agency”) made national headlines when it cancelled the Washington Redskins’ trademark registration. The Washington Redskins, a National Football League team, is valued at a staggering 2.4 billion dollars, of which a substantial portion of this value is attributed to the Washington Redskins brand. Whether the Trademark Office’s cancellation of the mark REDSKINS will be upheld in federal court will depend…
Note

Why Obergefell Should Not Impact Amerian Indian Tribal Marriage Laws

Steven J. Alagna
This Note explores what Obergefell means for members of American Indian nations, and it argues that Obergefell should not constrain tribal governments. Part I briefly recounts Obergefell, including the Court’s reasoning and language that might be pertinent for tribal sovereigns. Part II briefly surveys the status of tribal same-sex marriage laws to reveal the pluralism amongst the Native nations that have definitively decided the issue. Part III discusses how these…
Note

Whistle With a Purpose: Extending Coverage Under SOX to Employees Discharging Their Duties

Jonathan Lee
The relative ease with which corporate fraud went unnoticed during the Enron scandal created tension between Congress and the public. In hindsight, the public questioned the difference whistleblowers could have made if they were adequately protected. Since 2002, the Sarbanes-Oxley Act (“SOX”) has provided anti-retaliation protection to employees of publicly traded companies. However, the language used in the whistleblower statute raises the question: Does SOX extend coverage to employees discharging…