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Announcements

The American University Law Review congratulates Viki Economides, whose Note was selected for publication in Volume 61.4, and Alexis Etow, whose Comment was selected for publication in Volume 61.5. The Note and Comment to be published are:

Viki Economides, TianRui Group Limited v. International Trade Commission: The Dubious Status of Extraterritoriality and the Domestic Industry Requirement of Section 337

Alexis Etow, No Toy for You! The Healthy Meal Ordinance: Paternalism or Consumer Protection?

Congratulations to our student authors!

Federal Circuit Issue

The American University Law Review is the only law review in the country to publish an issue exclusively dedicated to the Federal Circuit. Each year, practitioners and academics provide a synopsis of the Federal Circuit's caseload from the previous year in five major areas of the court's jurisdiction: patent law, trademark law, government contracts, international trade, and veterans' benefits.

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Symposium Issue

The American University Law Review's symposium for 2012 is "War, Terrorism, and the Federal Courts Ten Years After 9/11." The topic is in conjunction with the Association of American Law Schools' panel on the Federal Courts. The panel met this January in Washington and discussed issues relating to the role of the courts in cases involving terrorism, armed conflict, and intelligence gathering.

Click here to read the 2011 symposium issue, "Is Financial Reform Too Big to Fail?"

Current Issue, Volume 61.2

The Freedom of Information Act Trial

By Margaret B. Kwoka | 61 Am. U. L. Rev. 217 (2011)

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts’ preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally.

Funeral Protests, Privacy, and the Constitution: What Is Next After Phelps?

By Mark Strasser | 61 Am. U. L. Rev. 279 (2011)

In Snyder v. Phelps, the United States Supreme Court struck down a damages award against Reverend Fred Phelps Sr. and the Westboro Baptist Church for picketing a military funeral. Although the Court asserted that its holding was narrow and the legal issues involved were straightforward, this Article argues that Phelps ultimately raises more questions than it answers and almost guarantees increased confusion in First Amendment jurisprudence.

COMMENT: No Vacancy: Why Congress Can Regulate Senate Vacancy-Filling Elections Without Amending (or Offending) the Constitution

By Zachary M. Ista | 61 Am. U. L. Rev. 327 (2011)

There currently exists no uniform method for filling vacancies in the United States Senate, leaving the states to create and implement their own vacancy-filling procedures. As a result of recent problems under this system, such as ex-Governor Rod Blagojevich’s notorious scandal in Illinois, some in Congress have suggested a standardized method for filling Senate vacancies.

COMMENT: Human Health and the Environment Can't Wait for Reform: Current Opportunities for the Federal Government and States to Address Chemical Risks Under the Toxic Substances Control Act

By Lauren Trevisan | 61 Am. U. L. Rev. 385 (2011)

Expressing its concern about growing rates of cancer and other diseases, coupled with the lack of data about the effect of the thousands of chemicals used in U.S. society, in 1976 Congress enacted the Toxic Substances Control Act (TSCA). Congress intended for TSCA to shed new light on chemical risks and provide the U.S. Environmental Protection Agency (EPA) with a set of tools to address those risks and protect human health and the environment.

NOTE: Section 1983 & the Age of Innocence: The Supreme Court Carves a Procedural Loophole for Post-Conviction DNA Testing in Skinner v. Switzer

By Gabriel A. Carrera | 61 Am. U. L. Rev. 431 (2011)

Click here to view this Note.

NOTE: The Federal Circuit's Decision in Myriad: Isolated DNA Molecules are Patentable Subject Matter

By Seth R. Ogden | 61 Am. U. L. Rev. 443 (2011)

Click here to view this Note.

Welcome!

Thank you for visiting the new American University Law Review website! This site provides a central and convenient location to browse our volumes, preview forthcoming scholarship, and learn more about our publication. We are in the process of uploading all of our archived volumes. While this process is underway, please feel free to access past volumes on HeinOnline, LexisNexis, and Westlaw. Please send any questions or comments to lawrev@wcl.american.edu.

Founded in 1952, the Law Review is the oldest and largest student-run publication at the Washington College of Law and publishes six issues each year. The Law Review is consistently ranked among the top fifty law journals in the nation and is the most-cited journal at WCL, according to the Washington and Lee University Law Library.

The Law Review receives approximately 2,500 submissions annuallyand publishes articles from professors, judges, practicing lawyers, and renowned legal thinkers. The Law Review has published articles or commentary by Supreme Court Chief Justices Warren Burger, William Rehnquist, and Earl Warren, as well as Associate Justices Hugo Black, Ruth Bader Ginsburg, and Arthur Goldberg. The Law Review has also published articles or commentary by prominent legal figures such as Stephen Bright, Paul Butler, Erwin Chemerinsky and Tom Goldstein.

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Forthcoming

Modeling the Second Amendment Right to Carry Arms (I); Judicial Tradition and the Scope of Bearing Arms for Self-Defense, by Michael O'Shea

The Second-Class Class Action: How Courts Thwart Wage Rights by Misapplying Class Action Rules, by Scott A. Moss and Nantiya Ruan

Lower Court Constitutionalism, by Doni Gewirtzman

The Federal Power Act's Double Standard: Unwinding the Mobile-Sierra Doctrine After Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1, by John White

The Folly of Rule 14a-11: Business Roundtable v. SEC and the Commission's Next Step, by Stephanie Parker

Announcements

Federal Circuit Issue

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Current Issue, Volume 61.2

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