Connecticut Law Review Volume 44 – Issue 3

Suffering in Silence: Asylum Law and the Concealment of Political Opinion as a Form of Persecution

In order to be granted asylum in the United States, an applicant has to show that she has suffered persecution, or has a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion. Under two different rationales, developed through case law, concealment of one’s religious views […]

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The New Victims of the Old Anti-Catholicism

Santayana once said that those who cannot remember the past are condemned to repeat it, the implication being that we can avoid future mistakes by paying better attention to past ones. Perhaps this is so. Or perhaps it is as George Bernard Shaw once said—that we learn from history only that we learn nothing from […]

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Fail-safe Federalism and Climate Change: The Case of U.S. and Canadian Forest Policy

Recent research demonstrates the difficulties that federal systems of government may present for international treaty formation, a prime example being legally binding treaties aimed at harnessing global forests to regulate climate change. Some federal constitutions, such as the U.S. and Canadian constitutions, grant subnational governments virtually exclusive direct forest management regulatory authority for non-federally owned […]

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Apologies as Intellectual Property Remedies: Lessons from China

It is a frequent refrain that “the world is shrinking.” In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different. One […]

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(Re)forming the Jury: Detection and Disinfection of Implicit Juror Bias

This Article investigates whether one of the most intractable problems in trial procedure can be ameliorated through the use of one of the most striking discoveries in recent social science. The intractable problem is selecting a fair jury. Current doctrine fails to address the fact that jurors harbor not only explicit, or conscious, bias, but […]

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The Evolving Temporality of Lawmaking

Conventional wisdom suggests that law is past-oriented. That view always has been incomplete and is no longer as accurate as it once was. In fact, law always has been more future-oriented than is widely recognized. Additionally, during the last century, fundamental changes took place in attitudes about the nature and sources of law, as well […]

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Tax Compliance and Norm Formation Under High-Penalty Regimes

Skepticism about the potential of moral appeals relating to tax compliance— for example, as applied to large groups of individual taxpayers outside a wartime context—has resulted in the absence of a theory about how government communication can further tax compliance. This Article fills that gap. It provides a theory of tax compliance and norm formation […]

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Defending the Rule of Law: Reconceptualizing Guantánamo Habeas Attorneys

An explosive video released in spring 2010, by Elizabeth Cheney, accused the Obama Administration of hiring “terrorist” lawyers to guide national security. The so-called “al Qaeda Seven” had represented or advocated for the rights of Guantánamo detainees before joining the Administration. The ensuing debate raised important questions about the relation of lawyers to politics in […]

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Citizens United and the Ineluctable Question of Corporate Citizenship

As a result of the Supreme Court’s decision in Citizens United, corporations and individuals now enjoy the same rights to spend money on advertisements supporting or opposing candidates for office. Those concerned about the role of money in politics have much to decry about the decision. But the threat to democracy posed by allowing wealthy […]

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