Print Issues

Volume 67, Issue 2


The Fourth Amendment and the Global Internet

by  Orin S. Kerr

This Article considers how Fourth Amendment law should adapt to the global nature of Internet surveillance. It focuses on two types of problems not yet addressed by courts. First, the Supreme Court’s decision in United States v. Verdugo-Urquidez prompts several puzzles about how the Fourth Amendment treats monitoring on a worldwide network where many lack…


Public Compensation for Private Harm

Evidence from the SEC’s Fair Fund Distributions
by  Urska Velikonja

The SEC’s primary goal is enforcing compliance with securities laws. Almost as important but less visible is the SEC’s rise as a source of compensation for defrauded investors. The Sarbanes-Oxley Act of 2002 expanded the SEC’s ability to compensate investors by allowing the agency to distribute collected civil fines through fair funds. Based on a…


The Interbellum Constitution

Federalism in the Long Founding Moment
by  Alison L. LaCroix

Today, the mechanism of the spending power helps to drive the gears of the modern federal machine. But early nineteenth-century constitutional debates demonstrate that the spending power is essentially a work-around, and a recent one at that—a tool by which Congress achieves certain political and legal ends while respecting the formal boundaries set by Article…


Criminalization in Context

Involuntariness, Obscenity, and the First Amendment
by  Cynthia Barmore

“Revenge porn,” referring to the distribution of sexually explicit images without the consent of those featured, is a growing problem in the United States. New Jersey and California were the first states to criminalize the practice, but state legislatures around the country have been passing and considering similar laws in recent months. Proponents of legislation,…