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Volume 69, Issue 4


Parochial Procedure

by  Maggie Gardner

The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of…


The New Look of Deal Protection

by  Fernán Restrepo & Guhan Subramanian

Deal protection in mergers and acquisitions (M&A) deals evolves in response to Delaware case law and the business goals of acquirers and targets. We construct a new sample of M&A deals from 2003 to 2015 to identify four such areas of evolution in current transactional practice: (1) termination fee “creep,” which was pervasive in the…


Searching Places Unknown

Law Enforcement Jurisdiction on the Dark Web
by  Ahmed Ghappour

The use of hacking tools by law enforcement to pursue criminal suspects who have anonymized their communications on the dark web presents a looming flashpoint between criminal procedure and international law. Criminal actors who use the dark web (for instance, to commit crimes or to evade authorities) obscure digital footprints left behind with third parties,…


What Is Fourth Amendment Contraband?

by  Ben Adams

The Supreme Court has held that the sniff of a trained drug detection dog is not a “search” under the Fourth Amendment because the dog does no more than reveal the existence of “contraband.” As technology advances, courts will have to confront new forms of purported “contraband-only” investigative techniques, ranging from “hash” searches for child…


Refugee Resettlement Federalism

by  James Y. Xi

The Refugee Act of 1980 provides state and local officials with a robust role in determining where refugees are resettled. The Act states, for example, that policies and strategies for the placement and resettlement of refugees in the United States must be developed in consultation with representatives of state and local governments. Likewise, the Act…