Oct 19, 2016 | Book 3, Lead Articles, Print Edition, Volume 49
When does the Constitution require procedural safeguards for infringements on First Amendment rights? Surprisingly, this general question has never been answered. The absence of procedural protections for First Amendment rights can yield enormous and substantive...
Oct 19, 2016 | Book 3, Notes, Print Edition, Volume 49
The United States Supreme Court has long recognized the importance of certain types of speech, and as a result, any law regulating speech of serious societal value must survive strict scrutiny—an extremely rigorous level of constitutional review. At the same time,...
Oct 19, 2016 | Book 3, Notes, Print Edition, Volume 49
In an increasingly digital society, individuals store information online and occupy a social media presence more than ever. Whether through Facebook or other social networking platforms, email accounts, online banking, music providers, or other digital outlets,...
Oct 14, 2016 | Book 2, Lead Articles, Print Edition, Volume 49
The adversarial system requires full discovery as an essential element of a fair and accurate litigation process. The parties to litigation must be able to review the entire universe of relevant, and potentially relevant, evidence. Not surprisingly, spoliation—the...
Oct 14, 2016 | Book 2, Lead Articles, Print Edition, Volume 49
Standing is a threshold requirement to bring a cause of action, and requires “two strands: Article III standing, which enforces the Constitution’s case-or- controversy requirement, and prudential standing, which embodies judicially self-imposed limits on the exercise...
Oct 14, 2016 | Book 2, Notes, Print Edition, Volume 49
A study of smartphone users found that seventy-nine percent of respondents have their phones on or near them for almost their entire waking day. By 2017, an estimated 67.8% of the U.S. population will use smartphones. The increased adoption of smartphones changed...
