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Volume 64, Issue 3


Prosecuting the Exonerated

Actual Innocence and the Double Jeopardy Clause
by  Jordan M. Barry

In certain circumstances, a prisoner arguing that legal errors infected her trial must convince a court of her innocence in order to get relief. Unfortunately, such judicial exonerations often fail to persuade prosecutors, who are generally free to retry prisoners who successfully challenge their convictions. There have been several instances in which prisoners convinced courts…


From Multiculturalism to Technique

Feminism, Culture, and the Conflict of Laws Style
by  Karen Knop, Ralf Michaels & Annelise Riles

The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states’ policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non-Western countries, revolve around the treatment of women. Yet feminists are no…


Fragmentation Nodes

A Study in Financial Innovation, Complexity, and Systemic Risk
by  Kathryn Judge

This Article presents a case study in how complexity arising from the evolution and proliferation of a financial innovation can increase systemic risk. The subject of the case study is the securitization of home loans, an innovation which played a critical and still not fully understood role in the 2007-2009 financial crisis. The Article introduces…


Insurmountable Obstacles

Structural Errors, Procedural Default, and Ineffective Assistance
by  Amy Knight Burns

Federal habeas corpus procedure involves an elaborate set of rules for when state criminal judgments may be reviewed by federal courts. One of these rules— the procedural default rule—forbids federal courts to review state judgments if the state court rejected the proposed claim on procedural grounds. This bar may be overcome by a showing of…


The Gulf Coast Claims Facility and the Deepwater Horizon Litigation

Judicial Regulation of Private Compensation Schemes
by  Colin McDonell

This Comment analyzes the efforts of plaintiffs’ lawyers and state attorneys general to regulate the administration of the Gulf Coast Claims Facility through the court system. Victims of the Deepwater Horizon oil spill have the option of seeking compensation from the Gulf Coast Claims Facility, a compensation scheme funded by BP, or joining one of…