Issue 5
-
ArticleVol. 90 · Iss. 5
Asking the First Question: Reframing Bivens After Minnici
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau…
Lumen N. Mulligan & Alexander A. Reinert -
ArticleVol. 90 · Iss. 5
Patent Law’s Functionality Malfunction and the Problem of Overbroad, Functional Software Patents
Contemporary software patents are problematic because they are often overbroad. This Article offers a novel explanation of the root cause of this overbreadth. Patent…
Kevin Emerson Collins -
ArticleVol. 90 · Iss. 5
Blackness as Delinquency
This is one of the first law review article to analyze both the role of ?blackness? in shaping the first juvenile court and the…
Cheryl Nelson Butler -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler -
NoteVol. 90 · Iss. 5
“Concert” or Solo Gig? Where the NLRB Went Wrong When it Linked in to Social Networks
This Note argues that some of the recent social media decisions by Administrative Law Judges (ALJs) and the National Labor Relations Board (NLRB) may…
Andrew Metcalf -
NoteVol. 90 · Iss. 5
Mr. Emanuel Returns From Washington: Durational Residence Requirements and Election Litigation
In the heat of the 2011 Chicago mayoral campaign, an appellate court in Illinois ordered the name of front-runner Rahm Emanuel, a former congressman…
Gavin J. Dow