LATEST SCHOLARSHIP

The practical application of international humanitarian law to a potential non- international armed conflict is unclear in case law and other literature. This Comment fills this lacuna by clarifying existing legal standards, reconciling the inconsistent application of these standards, and honing the law of non-international armed conflict. Specifically, this Comment focuses on the two essential...

Over the last six years, courts have struggled with the challenge of calculating criminal restitution in child pornography cases. At the heart of this struggle has been the statute mandating restitution, 18 U.S.C. § 2259, which requires courts to simultaneously grant restitution for the “full amount” of a victim’s losses and limit this award to those losses “proximately caused” by the defendant...

Conventional accounts of federalism and administrative law generally assume that the federal government is highly centralized in Washington, D.C. Judges, politicians, and academic commentators often speak of “bureaucrats in Washington,” and they often contrast the poor governance supposedly provided by those bureaucrats with more responsive, innovative, and democratically legitimate governance...

A bedrock principle of patent law—patent exhaustion—proclaims that an authorized sale of a patented article exhausts the patentee’s rights with respect to the article sold. Over one hundred and fifty years of case law, however, has produced two conflicting notions of patent exhaustion, one considering exhaustion to be mandatory regardless of whether the patentee subjects the sale to express...

Congress will not enact meaningful campaign finance reform. Under the nation’s current legislative, regulatory, and judicial regimes, remedies to the problem of money in politics appear unattainable. This Comment provides an entirely novel approach toward reducing the corrosive influence of outside money on the U.S political system. Aided by the power of the profit motive, this Comment proposes...

Since 1996, the Defense of Marriage Act (DOMA) defined marriage for federal purposes as the union between a man and a woman. As same-sex marriage became legal across the United States, DOMA created a situation in which same-sex married couples could not access federal immigration benefits based on their married status. In some cases, this meant that noncitizens were removed from the United States...