Symposium Issue — Beyond the Sentence: Collateral Consequences of Conviction Criminal Justice Reform: The Present Moment By Lynn Adelman I thank the editors of the Wisconsin Law Review for the opportunity to participate in a symposium on the collateral consequences of criminal convictions. By collateral consequences, I refer both to the formal consequences of conviction, such …
Thomas E. Fairchild Lecture: Protecting the Fourth Amendment So We Do Not Sacrifice Freedom for Security By Collins T. Fitzpatrick After I was invited to speak, I gave a lot of thought to a topic that Judge Fairchild would want discussed. Let me tell you about my thought process and three experiences that brought me …
Wisconsin Law Review has named University of Wisconsin Law School student Cameron Marston as Editor-in-Chief for 2015–16. He replaces outgoing Editor-in-Chief Janel Bergsbaken. Senior board members for 2015–16 include: Diversity committee members for 2015–16 are:
Is the Constitution failing? In what ways and how should we respond? Is it time to rewrite the Constitution? On November 7, 2014, scholars from across the country met at the University of Wisconsin Law School to consider these crucial questions during a Symposium hosted by the Wisconsin Center for the Study of Liberal Democracy. Participants were invited to submit pieces on the topic, and Wisconsin Law Review is publishing the essays in its first-ever WLR Online Symposium. WLR Online is publishing the articles throughout the Spring 2015 semester, so please continue to check back for new additions.
Michael A. Carrier In Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court addressed the relationship between direct infringement under § 271(a) of the Patent Act and induced infringement under § 271(b). The Court held that a defendant could be liable for inducing infringement of a patented process only if a single party would have been liable for performing all of the steps constituting direct infringement. In this short article, I provide the background to the opinion, discuss the ruling, and offer four lessons. Michael A. Carrier is a Distinguished Professor at Rutgers School of Law.
Jonathan C. Lipson Say what you will about Justice Clarence Thomas: unlike the protagonist in Elvis Costello’s paean to libidinal frustration, his unanimous opinion in Executive Benefits Insurance Agency v. Arkison (In re Bellingham), certainly resists many temptations left by its predecessor, Stern v. Marshall, to define what bankruptcy courts can and cannot do. Rather than take on Stern’s grand systemic concerns—the nature of the Article III “judicial power” —Bellingham whimpers out on a technicality, concluding that problems created by Stern can be statutorily “severed” and thus resolved with the slice of a judicial knife. [. . .] This essay briefly summarizes the problems created by Stern and five ways in which Bellingham failed to fix them. Jonathan C. Lipson is the Harold E. Kohn Professor of Law at Temple University, Beasley School of Law.
Brian J. Levy In January 2014, the Court of Appeals for the Third Circuit became the fifth circuit court to hold that a habeas corpus procedural rule — exhaustion — bars habeas petitioners from advancing all cumulative error arguments when they failed to raise cumulative error in their state court proceedings. Only one circuit — the Fifth Circuit — allows petitioners to raise cumulative error for the first time in his or her habeas appeal. This Essay argues that the plurality has erred.
Articles The Hidden Daubert Factor: How Judges Use Error Rates in Assessing Scientific Evidence By John B. Meixner & Shari Seidman Diamond In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court provided a framework under which trial judges must assess the evidentiary reliability of expert scientific evidence. One factor of the Daubert test, …
Articles Voter Privacy in the Age of Big Data By Ira S. Rubinstein This Article suggests that political dossiers may be the largest unregulated assemblage of personal data in contemporary American life. It analyzes the main sources of voter data and the absence of privacy laws regulating the collection and use of such data. It …
Matthew L.M. Fletcher & Nicholas J. Reo This is a reply to Jason Sanders's student comment, Wolves, Lone and Pack: Ojibwe Treaty Rights and the Wisconsin Wolf Hunt, 2013 Wis. L. Rev. 1263. Professor Matthew L.M. Fletcher is Professor of Law, Michigan State University College of Law, and Director of the Indigenous Law and Policy Center, and an Enrolled Member of the Grand Traverse Band of Ottawa and Chippewa Indians. Professor Nicholas J. Reo is Assistant Professor at Dartmouth College in the Native American and Environmental Studies Departments. Professor Reo is also an Enrolled Member of the Sault Ste. Marie Tribe of Chippewa Indians.