Connecticut Law Review Volume 45 – Issue 2

The Friendly Separation of Church and State and Bans on Male Circumcision

In 2011, San Francisco placed a measure to outlaw infant male circumcision on its November ballot.  Members of the Jewish and Muslim faiths practice infant male circumcision as a tenet of their religions.  If approved, this ballot measure would have raised serious questions about the scope of religious liberty protected under the Constitution.  This Note [...]

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Game On for Internet Gambling: With Federal Approval, States Line Up to Place Their Bets

With an unexpected legal memorandum, the Department of Justice (“DOJ”) Office of Legal Council (“OLC”) reversed the DOJ’s decades-old interpretation of federal gaming laws.  The OLC removed the last major federal barrier to state Internet gambling: its broad interpretation of organized crime statutes, in particular the late Robert F. Kennedy’s Wire Act.  With the DOJ’s [...]

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Casey and a Woman’s Right to Know: Ultrasounds, Informed Consent, and the First Amendment

Twenty years after Planned Parenthood of Southeastern Pennsylvania v. Casey was decided, courts across the country are being called on to apply the Court’s undue burden test to novel abortion regulations.  The most recent wave of regulation involves the use of ultrasound technology.  Twenty-three states currently require physicians to perform, offer to perform, or follow [...]

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Mission Impossible: A Legislative Solution for Excessive Executive Compensation

One of the great dilemmas of corporate law is how to address the problem of excessive executive compensation without replacing it with excessive government intervention.  This Article proposes for the first time that Article 36(b) of the Investment Company Act (“ICA”), which enacted fiduciary obligations for investment advisers, be applied to general public corporations.  The [...]

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Beyond Incentives: Making Corporate Whistleblowing Moral in the New Era of Dodd-Frank Act “Bounty Hunting”

If you can imagine Wall Street as the American Old West and the Securities and Exchange Commission (“SEC”) as the local sheriff, then the SEC’s new bounty program is the equivalent of nailing up reward signs all over town that read: “Wanted: Dead or Alive.”  The agency is looking for information regarding publicly traded companies, [...]

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Limiting Principles and Empowering Practices in American Indian Religious Freedoms

Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion.  Congress’s subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for [...]

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