Submissions from 2017
Enjoining the Revised Refugee EO: The Hawaii District Court “Waters Down” the Separation of Powers, Peter Margulies
Full Supreme Court Stays Ninth Circuit Order on Refugee Assurances, Peter Margulies
Hawaii Judge Watson Declines to Clarify Scope of Preliminary Injunction on Executive Order 13,780, Peter Margulies
Implementing the Refugee EO: Add Grandparents, Peter Margulies
Implementing the Refugee EO: The State Department Should Consider Refugee Agency Assurances as Bona Fide Relationships, Peter Margulies
Judge Gorsuch on Empathy and Institutional Design, Peter Margulies
Ninth Circuit Agrees to Wait for Revised Refugee Executive Order, Peter Margulies
Ninth Circuit Argument Turns on Whether the Ban Clashes with the Immigration Act, Peter Margulies
Ninth Circuit Protects Refugees with Assurances of Sponsorship, Peter Margulies
Refugee EO: Hawaii’s Response to the Government’s Request for a Stay, Peter Margulies
Refugee EO Stay: Ninth Circuit Dismisses Hawaii’s Appeal But Draws a Roadmap for Future Litigation, Peter Margulies
Refugee EO Update: The Supreme Court Hands Each Side a Partial Victory, Peter Margulies
Searching for Federal Judicial Power: Article III and the Foreign Intelligence Surveillance Court, Peter Margulies
Supreme Court Stays Ninth Circuit Order on Refugee Assurances, Peter Margulies
The DHS Border Memo II: Removal First, Hearing Later?, Peter Margulies
The DHS Border Memo: Ramping Up Expedited Removal and Raising Tensions with Mexico and with Due Process, Peter Margulies
The EO Stay: The Government Doubles Down on Excluding Grandparents and Refugees, Peter Margulies
The Fourth Circuit and the Refugee EO: Establishing Confusion, Peter Margulies
The Fourth Circuit Argument on the Refugee EO: Second-Guessing the President or Safeguarding Individual Rights?, Peter Margulies
The Fourth Circuit Travel Ban Argument: Framing the Challengers’ Case for the Supreme Court, Peter Margulies
The New Travel Ban: Undermining the Immigration and Nationality Act, Peter Margulies
The Ninth Circuit and the Refugee EO: Back to the Statute?, Peter Margulies
The Ninth Circuit on the Refugee EO: The Government’s Least Bad Option, Peter Margulies
The Ninth Circuit’s Refugee EO Decision: Methodically Misreading the Immigration Statute, Peter Margulies
The Refugee EO in the Ninth Circuit: Rights, Wrongs, and Remedies, Peter Margulies
The Refugee Executive Order, the Immigration Act, and the Government’s Bottom Line, Peter Margulies
The Revised Refugee EO in the Courts II: The Flawed Maryland District Court Decision, Peter Margulies
The Revised Refugee EO: Reports Show a Clear Turn Toward Legal Compliance, Peter Margulies
The Revised Refugee Executive Order in the Courts: Detour or Speed-Bump?, Peter Margulies
The Travel Ban in the Supreme Court: Crafting a Workable Remedy, Peter Margulies
Travel Ban 3.0: The Hawaii TRO Is Right on the Statute, Peter Margulies
Travel Ban Update: Ninth Circuit Holds EO-3 Exceeds President’s Power, Peter Margulies
Travel Ban Update: Without Addressing the Merits, the Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Upholding the Revised Refugee Executive Order: A Virginia District Court Claries the Establishment Clause Issues, Peter Margulies
You're It: Tag Jurisdiction over Corporations in Canada, Tanya Monestier
Illegal Stops and the Exclusionary Rule: The Consequences of Utah v. Strieff, Emily Sack
Children Crossing Borders: Internationalizing the Restatement of the Conflict of Laws, Louise Ellen Teitz
Introduction to the 10th Marine Law Symposium, Julia B. Wyman
DIRECTV, Inc. v. Imburgia and the Continued Ascendance of Federal Common Law: Class-Action Waivers and Mandatory Arbitration Under the Federal Arbitration Act, Michael Yelnosky
Submissions from 2016
Fighting Over the Conservative Banner, Carl Bogus
Mass Incarceration: An Annotated Bibliography, Nicole Dyszlewski, Lucinda Harrison-Cox, and Raquel Ortiz
Centcom Report on the Kunduz Hospital Attack: Accounting for a Tragedy of Errors, Peter Margulies
DC Circuit in Al-Nashiri: All Clear for Military Commission Trial, Peter Margulies
Executive Power and the SCOTUS Argument on President Obama’s Immigration Plan, Peter Margulies
Lessons from Gaza: The Rhetoric and Reality of Independence in War Crimes Investigations, Peter Margulies
Madison at Fort Meade: Checks, Balances, and the NSA, Peter Margulies
NSA Compliance and Congress’s Plan: How to Account for Flaws in the Metadata Program?, Peter Margulies
Privacy Shield’s Prospects: The Good, the Bad, and the Ugly, Peter Margulies
Reauthorizing the FISA Amendments Act: A Blueprint for Enhancing Privacy Protections and Preserving Foreign Intelligence Capabilities, Peter Margulies
Surveillance by Algorithm: The NSA, Computerized Intelligence Collection, and Human Rights, Peter Margulies
Surveillance’s Future: A Pragmatic Take from the Center for a New American Security, Peter Margulies
Terrorist Sanctions: The Clash in US and EU Approaches, Peter Margulies
The D.C. Circuit’s En Banc Decision in Bahlul: Sui Generis or Guidance for Future Military Commissions?, Peter Margulies
Transatlantic Setback or Invitation to Dialogue?: EU Data Regulators’ Verdict on Privacy Shield, Peter Margulies
Whose Law of Personal Jurisdiction? The Choice of Law Problem in the Recognition of Foreign Judgements, Tanya Monestier
Submissions from 2015
The New Road to Serfdom: the Curse of Bigness and the Failure of Antitrust, Carl Bogus
Introduction to Symposium: Should There be Some Form of Judicial or other Independent Review of NCAA Enforcement Actions?, Carl T. Bogus
The Role of Naval Power in the Development of Customary International Law, John J. Chung
Juries, Judges, and the Politics of Tort Reform, David Logan
Clapper and the Costs of Overlooking Use Restrictions, Peter Margulies
Deferred Action and the Bounds of Agency Discretion: Reconciling Policy and Legality in Immigration Enforcement, Peter Margulies
Defining Foreign Affairs in Section 702 of the FISA Amendments Act: The Virtues and Deficits of Post-Snowden Dialogue on U.S. Surveillance Policy, Peter Margulies
DOJ’s “All-Tools” Approach to Cyber and National Security, Peter Margulies
Justice at War: Military Tribunals and Article III, Peter Margulies
LOAC and Artillery in Urban Areas: The Case of Gaza 2014, Peter Margulies
Mike Lewis, 1964-2015, Peter Margulies
Presidential Power and Enjoining the Obama Immigration Plan, Peter Margulies
Schrems and the FAA’s “Foreign Affairs” Prong: The Costs of Reform, Peter Margulies
Second-Guessing Congress on Military Commissions, Peter Margulies
The Boundaries of Executive Discretion: Deferred Action, Unlawful Presence, and Immigration Law, Peter Margulies
Recognizing Restitutionary Causes of Action and Remedies Under Rhode Island Law, Colleen P. Murphy
United States v. Castleman: The Meaning of Domestic Violence, Emily J. Sack
Harris v. Quinn: What We Talk About When We Talk About Right-to-Work Laws, Michael J. Yelnosky
Submissions from 2014
Introduction to the Symposium on Child Witnesses in Sexual Abuse Cases, Carl T. Bogus
In Re Qimonda AG: The Conflict Between Comity and the Public Policy Exception in Chapter 15 of the Bankruptcy Code, John J. Chung
Twenty Years of Impact: The Role of Roger Williams University School of Law's Alumni in Rhode Island Legal History, John J. Chung
The American Liberty League and the Rise of Constitutional Nationalism, Jared Goldstein
Designing Law School Externships That Comply with the FLSA, Niki Kuckes
Abstention, Balancing the Equities, and Armed Conflict in Al-Nashiri: A Reply to Steve Vladeck and Kevin Jon Heller, Peter Margulies
Al-Nashiri, the Cole Bombing, and the Start of the Conflict with Al-Qaeda, Peter Margulies
A Reply to Wittes on the United States and Extraterritoriality, Peter Margulies
Article III, the Framers, and al Bahlul: A Reply to Steve, Peter Margulies
Bahlul and the Power of Congress to Define International Law, Peter Margulies
Dynamic Surveillance: Evolving Procedures in Metadata and Foreign Content Collection After Snowden, Peter Margulies
Extraterritoriality and Human Rights: Time for a Change in the U.S. View?, Peter Margulies
FISC Query Preapproval: Intelligence Burden or Bump in the Road?, Peter Margulies
Of Relevance and Reform Under Section 215, Peter Margulies
President Obama’s Immigration Plan: Rewriting the Law, Peter Margulies
Reply to Steve on al Bahlul, the “Law of War,” and Article III, Peter Margulies
Sweeping Claims and Casual Legal Analysis in the Latest U.N. Mass Surveillance Report, Peter Margulies
The Al Bahlul Argument: Article III, Conspiracy, and Precepts of International Law, Peter Margulies
The PCLOB on Human Rights & 702: Punt or Long Game?, Peter Margulies
The SSCI Report and Its Critics: Torturing Efficacy, Peter Margulies
The US and Human Rights: A Federalist Society Debate, Peter Margulies
Yale Symposium: Unpacking NSA's Global Problem, Peter Margulies
Al Bahlul and Article III: A Reply to Marty and Steve, Peter Margulies and Peter Margulies
Where is Home Depot "At Home"?: Daimler v. Bauman and the End of Doing Business Jurisdiction, Tanya Monestier
Who Rates Prospective Federal Judges for the American Bar Association?, Michael J. Yelnosky
Submissions from 2013
Immigration Consequences to a Charge of Simple Assault or Battery, Deborah Gonzalez
Al-Libi and Detention at Sea, Peter Margulies