Downloading Minimum Contacts: The Propriety of Exercising Personal Jurisdiction Based on Smartphone Apps

by Joanna Sibilla Taatjes

As technology has changed the way in which individuals interact with each other, courts have sought to address how non-physical contacts with a forum state should factor into the analysis of whether to exercise personal jurisdiction over an out-of-state defendant.  Courts have yet to decide whether a defendant should be subject to personal jurisdiction [. . .]

Reducing the Regulatory Role of the FDA: Promoting Patient Autonomy to Choose Avastin and Other Cancer Drugs

by Sara J. Ray

On November 18, 2011, the Food and Drug Administration (FDA) revoked accelerated approval of the breast cancer indication for Avastin, a cancer drug manufactured by Genentech.  The FDA claims that Avastin, when used to treat metastatic breast cancer, does not provide a benefit that justifies the serious and potentially life-threatening risks associated with its use.  [. . .]

Protecting the Seasonal Arts: Fashion Design, Copyright Law, and the Viability of the Innovative Design Protection & Piracy Prevention Act

by Meaghan McGurrin Ehrhard

The Innovative Design Protection & Piracy Prevention Act of 2011 (“IDPPPA”) crafts a sui generis form of copyright protection for fashion designs.  The IDPPPA is not a revolutionary attempt for the U.S. Congress; it is instead a reflection of the fashion industry’s unique history, the fashion industry’s unique economics, decades of heated academic debate, scores of  [. . .]

The Tipping Point of Federalism

by Amy L. Stein

As the Supreme Court has noted, “it is difficult to conceive of a more basic element of interstate commerce than electric energy, a product that is used in virtually every home and every commercial or manufacturing facility.  No state relies solely on its own resources in this respect.”  And yet, the resources used to generate  [. . .]

Arizona v. Gant: The Good, the Bad, and the Meaning of “Reasonable Belief”

by Geoffrey S. Corn

Reasonable belief.  The Supreme Court’s ambiguous use of this term in Arizona v. Gant transformed what could have been a clear logical holding into a source of potential uncertainty.  Consequently, lower courts have struggled to interpret the reasonableness of police automobile searches subsequent to the arrest of a vehicle occupant.  By endorsing an entirely new  [. . .]

To Drink the Cup of Fury: Funeral Picketing, Public Discourse, and the First Amendment

by Steven J. Heyman

In Snyder v. Phelps, the Supreme Court ruled that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq.  This decision reinforces a view that has become increasingly dominant in First Amendment jurisprudence—the view that the state may not regulate public discourse to protect individuals [. . .]

The Persistent Problem of Purposeful Availment

by Henry S. Noyes

For the second time in twenty-five years, personal jurisdiction has perplexed the U.S. Supreme Court.  The problem is purposeful availment.  All of the Justices agree that specific jurisdiction does not exist without purposeful availment, but the Court could not cobble together a majority opinion in J. McIntyre Machinery, Ltd. v. Nicastro to clarify what purposeful [. . .]

Reasonable Men?

by Ann C. McGinley

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment.  Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman [. . .]

The Friendly Separation of Church and State and Bans on Male Circumcision

by Michael J. Weil

In 2011, San Francisco placed a measure to outlaw infant male circumcision on its November ballot.  Members of the Jewish and Muslim faiths practice infant male circumcision as a tenet of their religions.  If approved, this ballot measure would have raised serious questions about the scope of religious liberty protected under the Constitution.  This Note [. . .]

Game On for Internet Gambling: With Federal Approval, States Line Up to Place Their Bets

by I. Nelson Rose & Rebecca Bolin

With an unexpected legal memorandum, the Department of Justice (“DOJ”) Office of Legal Council (“OLC”) reversed the DOJ’s decades-old interpretation of federal gaming laws.  The OLC removed the last major federal barrier to state Internet gambling: its broad interpretation of organized crime statutes, in particular the late Robert F. Kennedy’s Wire Act.  With the DOJ’s [. . .]

Casey and a Woman’s Right to Know: Ultrasounds, Informed Consent, and the First Amendment

by Scott W. Gaylord & Thomas J. Molony

Twenty years after Planned Parenthood of Southeastern Pennsylvania v. Casey was decided, courts across the country are being called on to apply the Court’s undue burden test to novel abortion regulations.  The most recent wave of regulation involves the use of ultrasound technology.  Twenty-three states currently require physicians to perform, offer to perform, or follow [. . .]

Mission Impossible: A Legislative Solution for Excessive Executive Compensation

by Robert E. Wagner

One of the great dilemmas of corporate law is how to address the problem of excessive executive compensation without replacing it with excessive government intervention.  This Article proposes for the first time that Article 36(b) of the Investment Company Act (“ICA”), which enacted fiduciary obligations for investment advisers, be applied to general public corporations.  The [. . .]

Beyond Incentives: Making Corporate Whistleblowing Moral in the New Era of Dodd-Frank Act “Bounty Hunting”

by Matt A. Vega

If you can imagine Wall Street as the American Old West and the Securities and Exchange Commission (“SEC”) as the local sheriff, then the SEC’s new bounty program is the equivalent of nailing up reward signs all over town that read: “Wanted: Dead or Alive.”  The agency is looking for information regarding publicly traded companies, [. . .]

Limiting Principles and Empowering Practices in American Indian Religious Freedoms

by Kristen A. Carpenter

Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion.  Congress’s subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for [. . .]

The Derivative Work Right: Incentive or Hinderance for New Literature?

by Sarah E. Zybert

The Copyright Act provides incentives to stimulate the production of artistic work for the good of the general public.  These incentives include the exclusive right to prepare derivative works, such as a sequel. This Note argues that in practice, however, the right to prepare derivative works actually stifles creativity.  Suntrust Bank v. Houghton Mifflin Company [. . .]

No Farms, No Food: Local Taxation and the Preservation of Connecticut’s Farmland

by Tara A. Sheldon

Connecticut, once a state rich in farmland, has experienced significant loss of farmland in the past two decades.  This Note takes a narrow focus on Connecticut’s farmland preservation programs—specifically, how the continuing conversion of farmland has demonstrated that the design and implementation of Connecticut’s programs have been ineffective in using local taxation as a tool [. . .]

Let Them Train: Why the Eighth Circuit’s Decision to Stay the Injunction of the 2011 NFL Lockout Was Incorrect

by Aaron A. Spacone

Although the 2011 National Football League (“NFL”) lockout did not result in any cancelled regular season games, nor did it damage the players, stadium employees, and small business owners to the extent that it could have, there are still important lessons to be learned.  This Comment provides background on the NFL’s labor history, both in [. . .]

Does Intellectual Property Law Have Foundations? A Review of Robert Merges’s Justifying Intellectual Property

by David H. Blankfein-Tabachnick

Robert Merges’s Justifying Intellectual Property is an ambitious work of unification in intellectual property law.  The book defends a broad and sweeping thesis addressing the positive law of intellectual property and its foundation.  Justifying Intellectual Property innovatively articulates a set of normative midlevel principles intended to justify, explain, and predict intellectual property case outcomes.  Further, [. . .]

Plurality Decisions: Upward-Flowing Precedent and Acoustic Separation

by Justin Marceau

Beginning in 1977, the U.S. Supreme Court instructed lawyers and lower courts that when there is no majority decision “in support of the judgment . . . , the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.”  For decades, commentators and[. . .]

Criminal Affirmance: Going Beyond the Deterrence Paradigm to Examine the Social Meaning of Declining Prosecution of Elite Crime

by Mary Kreiner Ramirez

Recent financial scandals and the relative paucity of criminal prosecutions against elite actors that spawned the crisis suggest a new reality in the criminal law system: some wrongful actors appear to be above the law and immune from criminal prosecution.  As such, the criminal prosecutorial system affirms much of the wrongdoing that gave rise to [. . .]

“Mentally Defective” Language in the Gun Control Act

by Jana R. McCreary

The oft-quoted argument asserts that “Guns don’t kill people; people kill people.”  It is essential, then, that gun legislation clearly address who the people are who should not possess or purchase guns.  As the country once again reacts to a tragedy with renewed interest in implementing new gun legislation, we must use caution to clearly [. . .]

Immigration, Sovereignty, and the Constitution of Foreignness

by Matthew J. Lindsay

It is a central premise of modern American immigration law that immigrants, by virtue of their non-citizenship, are properly subject to an extra-constitutional regulatory authority that is inherent in national sovereignty and buffered against judicial review.  The Supreme Court first posited this constitutionally exceptional authority, which is commonly known as the “plenary power doctrine,” in  [. . .]

Second Wind: A Legal and Policy-Based Evaluation of the Block Island Wind Farm and the Legislation that Saved It

by Brian M. Gibbons

Rhode Island has recently attempted to pioneer offshore wind energy development by passing new legislation and partnering with Deepwater Wind, LLC to develop a wind farm off Block Island.  This wind farm will have long-term implications, both as a demonstration project for future offshore wind energy, and as a paradigm for governmental expedition of renewable [. . .]

Ideological Exclusion in the Post-9/11 Era: A Case for Increased Judicial Oversight and Recognition of the Right to Hear Speech

by Sean D. Acevedo

Following the terror attacks of September 11, 2001, the George W. Bush Administration actively engaged in a policy of ideological exclusion. During the Bush Administration, the State Department routinely denied visas to foreign nationals whose political views it disfavored. The primary targets of ideological exclusion during the post-9/11 era were members of the Arab and Muslim intellectual communities. Opponents have argued that ideological exclusion violates United States citizens’ First Amendment right to hear and debate speech. After offering an extensive background of the history of ideological exclusion in the United States, this Note argues that the Bush Administration’s policy of ideological exclusion did, in fact, violate United States citizens’ right to hear and debate speech. It then discusses the steps that the judiciary must take in order to create a sustainable policy against ideological exclusion.

Rethinking U.S. Legal Education: No More “Same Old, Same Old”

by Nancy B. Rapoport

In this Essay, I suggest that we should think about how to create a curriculum that encourages students to develop a variety of skill sets.  Law students simply don’t need three years of Socratic questioning regarding the fine details of court opinions.  They need a wide range of experiences, preferably building on skill sets (like [. . .]

The Impact of Rankings and Rules on Legal Education Reform

by David Yellen

Legal education is experiencing intense pressures and is undergoing profound changes.  Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association’s accreditation standards.  The push and pull of these forces helps explain why law schools are  [. . .]

What’s Going On? The Psychoanalysis Metaphor for Educating Lawyer-Counselors

by Jeffrey M. Lipshaw

In this Essay prepared for the Connecticut Law Review’s 2012 Symposium on legal education reform, I propose an alternative to the dominant metaphor of “lawyer as warrior” for educating the many lawyers whom clients will seek out as counselors even at early stages in their careers.  My preferred metaphor is “lawyer as psychoanalyst” because it [. . .]

Kim Kardashian and Honey Boo Boo: Models for Law School Success (or Not)

by George Critchlow

 This Article offers two narratives about how we might identify and pursue our law school missions.  The first is a partly satirical and partly serious discussion about the obsessive need for law schools to chase rankings and fame.  It suggests that the stated mission of many law schools is trumped by the real mission—to become [. . .]

Democratizing Legal Education

by Renee Newman Knake

Millions of Americans lack representation for their legal problems while thousands of lawyers are unemployed.  Why?  Commentators and academics offer a range of answers to this question, from economic factors to regulatory constraints.  Whatever the root cause, clearly a massive delivery problem exists for personal legal services.  Indeed, most individuals do not even realize when [. . .]

Jukin’ the Stats: The Gaming of Law School Rankings and How to Stop It

by Darren Bush & Jessica Peterson

“Jukin’ the stats” means manipulating pertinent information to advance one’s position.  In the case of law schools, manipulation of law school rankings, put forth by U.S. News and World Report, potentially enables the school to gain advantage relative to competitors.  This Article describes the U.S. News Law School rankings methodology followed by prospective law students [. . .]

Legal Education in Disruption: The Headwinds and Tailwinds of Technology

by Jon M. Garon

 By harnessing improvements in communications and computational systems, law firms are producing a revolution to the practice of law. Self-help legal manuals have transformed into interactive software; predictive coding can empower clients to receive sophisticated legal advice from a machine; socially mediated portals select among potential lawyers and assess the quality of the advice given; [. . .]

Next Phase Pedagogy Reform for the Twenty-First Century Legal Education: Delivering Competent Lawyers for a Consumer-Driven Market

by Ann Marie Cavazos

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace.  This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires—a paradigm shift in the methodology [. . .]

Firearms Policy and the Black Community: An Assessment of the Modern Orthodoxy

by Nicholas J. Johnson

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling [. . .]

In the Civic Republic: Crime, the Inner City, and the Democracy of Arms— Being a Disquisition on the Revival of the Militia at Large

by Robert J. Cottrol & Raymond T. Diamond

This Article examines the modern utility of the Second Amendment’s guarantee of “the right to keep and bear arms” in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the [. . .]

Let Us Talk Past Each Other for a While: A Brief Response to Professor Johnson

by Michael de Leeuw

This Article is a brief response to Professor Johnson’s excellent lead article, Firearms Policy and the Black Community: An Assessment of the Modern Orthodoxy. Professor Johnson has (I would say unfairly) counted me among the “orthodoxy” that believes that any and all gun control measures are good for communities of color. He accuses me (and [. . .]

Self-Defense and Gun Regulation for All

by David Kairys

The importance and universality of self-defense rights are beyond dispute. Self-defense emerged as a major social and constitutional issue in the second half of the twentieth century focused on minorities and women before it provided the primary basis for expansive Second Amendment rights. Supporters of broad Second Amendment rights base them on an individual and [. . .]

Murder, Self-Defense, and the Right to Arms

by Don B. Kates & Alice Marie Beard

Despite being well aware of crime and uprisings, the framers of the Bill of Rights made a policy decision to guarantee a constitutional right to keep and bear arms, a constitutional right that “shall not be infringed.” Courts should not ignore the policy decision of the framers, and courts should not supplant the framers’ policy [. . .]

Evolving Christian Attitudes Towards Personal and National Self-Defense

by David B. Kopel

This Article analyzes the changes in orthodox Christian attitudes towards defensive violence. While the Article begins in the 19th century and ends in the 21st, most of the Article is about the 20th century. The Article focuses on American Catholicism and on the Vatican, although there is some discussion of American Protestantism. In the nineteenth [. . .]

Firearms Policy and the Black Community: Rejecting the “Wouldn’t You Want a Gun if Attacked?” Argument

by Andrew Jay McClurg

The gun lobby has succeeded in focusing the gun debate on a narrow, oversimplified question: “If a criminal attacked you, wouldn’t you prefer to have a gun to protect yourself?” This Article asserts that the question—which correlates with a “more guns” argument—is a red herring, a diversion that leads us off track and blinds us [. . .]

Uncoupling the Constitutional Right to Self-Defense from the Second Amendment: Insights from the Law of War

by William G. Merkel

This Article contextualizes Professor Nicholas Johnson’s argument that a robust right to arms is essential to the security of Black communities in the United States. While accepting Johnson’s premise that private self-defense is necessary where government is hostile towards or unable to defend a community against violence, this Article maintains that the Second Amendment as [. . .]

Domestic Violence in Indian Country: Improving the Federal Goverment's Response to this Grave Epidemic

by Jeana Petillo

The pervasiveness of domestic violence against Native American women in Indian country is alarming. Pursuant to the doctrine of trust responsibility, the federal government has recently responded to the epidemic of domestic violence in Indian country by passing three pieces of legislation—18 U.S.C. § 117, the Tribal Law and Order Act of 2010, and the [. . .]

Unnecessary Roughness: Reconciling Hart and Keller with a Fair Use Standard Befitting the Right of Publicity

by Michael "Bubba" Schoeneberger

Two lawsuits have created a stir in the sports law community threatening to derail the NCAA’s monopoly on licensing the images of both present and former student-athletes. In both Keller v. Electronic Arts, Inc. and Hart v. Electronic Arts, Inc., former collegiate quarterbacks attack the NCAA, the CLC, and Electronic Arts for the unauthorized use [. . .]

Please reload

Want to see more Print Edition Articles? Head to the archive.

© 2018 by Connecticut Law Review. 

  • LinkedIn Social Icon
  • Twitter Social Icon