Vol. 80, Issue 2, 2017

THE MIXED BLESSINGS OF (NON-)ESTABLISHMENT

Rene Reyes

This article argues that there may actually be a much greater degree of separation between church and state in Britain than there is in the United States.

General

OPERATIONALIZING FREE, PRIOR, AND INFORMED CONSENT

Carla F. Fredericks

This article contends that indigenous peoples must develop and implement their own free, prior, and informed consent protocol in order to assert their human rights.

General
CURRENT NONPROFIT LAW DEVELOPMENTS IN NEW YORK STATE
Peter J. KiernanRose Mary BaillyWilliam Josephson
This article highlights recent changes to statutes affecting not-for-profit corporations and offers suggestions for further changes to make the statutes consistent, coherent, and useful.
General
SECRETS AND SECURITY: OVERCLASSIFICATION AND CIVIL LIBERTY IN ADMINISTRATIVE NATIONAL SECURITY DECISIONS
Ann Koppuzha
This article discusses due process procedures relating to national security administrative decisions such as placing someone on the No-Fly list.
General
REVERSE MORTGAGES AND ELDERLY AMERICANS: PROTECTING THE GREATEST ASSET FROM POTENTIALLY MISLEADING ADVERTISING PRACTICES
Eric J. Brenner
This note urges New York State to offer greater protection to its elderly citizens from the misleading advertisements that can threaten their financial well-being.
General
LETTING SLEEPING DOGMAS LIE: A RESPONSE TO JUDGE POSNER’S CALL TO REFORM THE RES GESTAE EXCEPTIONS TO THE RULE AGAINST HEARSAY
Mara D. Afzali
Reliability concerns warrant renewed examination of the “excited utterance” exception and consideration of possible alternative approaches or modifications.

General

FOREWORD: SHAPING SCOTUS: THE IMPACT OF THE 2016 PRESIDENTIAL ELECTION ON THE FUTURE OF THE SUPREME COURT

Christopher M. Connors

Foreword to symposium.

General

JUSTICES DENIED: THE PECULIAR HISTORY OF REJECTED UNITED STATES SUPREME COURT NOMINEES

Benjamin Pomerance

The Senate has voted to reject the President’s nominee for the Supreme Court twelve times. This article examines each of these nominees and the factors surrounding their rejections.

General

PRESIDENT-SHOPPING FOR A NEW SCALIA: THE ILLEGITIMACY OF “MCCONNELL MAJORITIES” IN SUPREME COURT DECISION-MAKING

J. Stephen Clark

This article argues that the Senate might have the constitutional power to impair the confirmation processbut that does not mean it should use it.

General
JUDICIAL CONFIRMATION THROUGH THE LENS OF CONSTITUTIONAL INTERPRETIVE THEORY
Aimee Brown
This article looks to the role of theories of constitutional interpretation in the confirmation process.
General
SEX-BASED CITIZENSHIP CLASSIFICATIONS AND THE “NEW RATIONALITY”
Martha F. Davis
This article will examine sex-based citizenship challenges, including Nguyen and Morales-Santana, through the lens of this new rational basis review.
General
THE UNEXPLORED IMPLICATIONS OF TOWN OF GREECE V. GALLOWAY
Lisa Shaw Roy
This article summarizes what Town of Greece v. Galloway has to offer in a new Establishment Clause doctrine.

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