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Volume 60, Issue 2


Refugee Roulette

Disparities in Asylum Adjudication
by  Jaya Ramji-Nogales, Andrew I. Schoenholtz & Philip G. Schrag

Addressing consistency in the application of the law, former Attorney General Robert Jackson told Congress in 1940: “It is obviously repugnant to one's sense of justice that the judgment meted out . . . should depend in large part on a purely fortuitous circumstance; namely the personality of the particular judge before whom the case…


Learning to Live with Unequal Justice

Asylum and the Limits to Consistency
by  Stephen H. Legomsky

This Article is about consistency in adjudication. With the United States asylum system as a backdrop, I explore why consistency matters, what its determinants are, and whether it can be substantially achieved at a price that is worth paying.This Article is also about the United States asylum adjudication system. Asylum challenges the national conscience in…


Refugee Roulette in an Administrative Law Context

The Deja vu of Decisional Disparities in Agency Adjudication
by  Margaret H. Taylor

In Refugee Roulette: Disparities in Asylum Adjudication (the Asylum Study), Professors Ramji-Nogales, Schoenholtz, and Schrag provide a comprehensive analysis of new data to document decisional disparities that undermine the fairness of asylum adjudication. The Asylum Study is an empirical project of remarkable scope. It examines patterns of asylum decisions at four different adjudication levels: at…


Four Models of Fourth Amendment Protection

by  Orin S. Kerr

The Fourth Amendment protects reasonable expectations of privacy, but the Supreme Court has refused to provide a consistent explanation for what makes an expectation of privacy “reasonable.” The Court's refusal has disappointed scholars and frustrated students for four decades. This Article explains why the Supreme Court cannot provide an answer: no one test can accurately…


Wiretapping Before the Wires

The Post Office and the Birth of Communications Privacy
by  Anuj Desai

In August 2006, a federal district court held that the Terrorist Surveillance Program violates the Fourth Amendment. Scholars have debated the legality and constitutionality of the program extensively since the New York Times first publicized its existence in December 2005. In this Article, I look beneath the surface of that raging debate to one of…


The Empire’s New Clothes

Political Economy and the Fragmentation of International Law
by  Eyal Benvenisti & George W. Downs

The decades following the end of the Cold War have witnessed the growing proliferation of international regulatory institutions with overlapping jurisdictions and ambiguous boundaries. Practicing jurists have expressed concern about the effects of this increased fragmentation of international law, but for the most part international legal theorists have tended to dismiss such concerns as unwarranted.…


Controlling Family Shareholders in Developing Countries

Anchoring Relational Exchange
by  Ronald J. Gilson

In recent years, corporate governance scholarship has begun to focus on the most common distribution of public corporation ownership: outside of the United States and the United Kingdom, publicly owned corporations often have a controlling shareholder. The presence of a controlling shareholder is especially prevalent in developing countries. In Asia, for example, some two-thirds of…


Doubtful Duty

Physicians' Legal Obligation to Treat in an Epidemic Context
by  Ariel R. Schwartz

Over the course of the twentieth century, the medical community “appeared to be winning the battle against communicable diseases” with antibiotics and vaccines. Yet, in the last few decades, new infectious diseases and conditions such as Human Immunodeficiency Virus (HIV), Acquired Immunodeficiency Syndrome (AIDS), Severe Acute Respiratory Syndrome (SARS), Ebola, and avian influenza (most notably…