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  • The Takings Legacy of Justice Antonin Scalia

    Volume 41, Book 4

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  • 2017 Note Competition Winner—Matthew Arnold

    A Bird’s Eye View of the Emerging Incidental Take Permit Program Under the Migratory Bird Treaty Act

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    Criminal Culpability: Who Deserves Punishment?

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2017 NOTE COMPETITION RUNNER-UP

FEATURED ARTICLE

  • Trust or Bust: Complications with Tribal Trust Obligations and Environmental Sovereignty

    Nadia B. Ahmad—The National Environmental Policy Act (NEPA) and participation rights should mean more, not less, on tribal lands when respect for tribal sovereignty and federal tribal trust responsibilities exists. This Article proposes a rights-based approach to reinvigorate tribal treaty regimes based on a historico-legal analysis of the interconnected right-of-way doctrine and environmental impact statement […]READ FULL ARTICLE

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SYMPOSIUM ARTICLE

  • “What Kind of a Mad Prosecutor” Brought Us This White Collar Case

    Ellen S. Podgor—Throughout history, there has been a long line of cases where prosecutors have attempted to stretch statutes to cover conduct that they consider criminal.[1] Clearly, prosecutors have enormous discretion to pick and choose whom to charge, what to charge,[2] when to charge,[3] and whether to proceed against individuals or entities.[4] Likewise, prosecutors decide […]READ FULL ARTICLE

SYMPOSIUM ARTICLE

  • Fewer Hands, More Mercy: A Plea For a Better Federal Clemency System

    Mark Osler—There is a broad consensus in the United States that we incarcerate too many people for non-violent narcotics crimes.[1] One way to address that issue, at least within the federal system, is through the use of federal clemency.[2] While President Obama used the Pardon Power in a significant way to grant commutations to 1,715 […]READ FULL ARTICLE

ARTICLE

  • Historic Housing for All: Historic Preservation as the New Inclusionary Zoning

    Elizabeth M. Tisher — When Americans celebrated the 100th anniversary of Jane Jacobs’s birth this year, they reflected on her tireless advocacy for vibrant, diverse cities in the face of widespread urban renewal.[1] Jacobs championed an animated streetscape of unique buildings, old and new; an eclectic array of merchants; and colorful, if chaotic, sidewalk activity—essentially […]READ FULL ARTICLE

NOTE

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