Connecticut Law Review Volume 46 - Issue 1

Starving the Dark Markets: International Injunctions as a Means to Curb Small Arms and Light Weapons Trafficking

International arms sales are a big business. This understatement fails to elucidate the extensive industrial and economic impact of the weapons trade between nations. One of the most influential portions of is the production and sale of Small Arms and Light Weapons (SALW). Yet despite SALW sales valued at billions of dollars per year, little [...]

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Agency Discretion and Statutory Mandates in a Time of Inadequate Funding: An Alternative to In re Aiken County

When an agency fails to abide by a statutory mandate, aggrieved parties may petition the courts for an order compelling the agency to act. In the interest of Congress’s constitutional power, courts will grant the petition and force agencies to comply. However, it is unclear whether an agency violates a statutory mandate when Congress intentionally [...]

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Minn-Chem and the New Normal: A Revitalized Foreign Trade Antitrust Improvements Act

For over a century, the judiciary has faced delicate questions about the appropriateness of invoking U.S. antitrust law to potentially hold foreign actors accountable for anticompetitive conduct. The Foreign Trade Antitrust Improvements Act (FTAIA) passed in 1982 with the well-intentioned aim of establishing guidelines in this area. However, for many of the ensuing years, the [...]

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“It’s Not You, It’s Me”: Assessing an Emerging Relationship Between Law and Social Science

This Essay isolates and assesses an overlooked consideration on an emerging and significant issue in employment discrimination law. The emerging issue: When should employers be held liable for established widespread differential treatment within their organizations? The overlooked consideration: the relationship between law and social science. Although this Essay focuses closely on a specific doctrinal issue [...]

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Between Seminole Rock and a Hard Place: A New Approach to Agency Deference

In Bowles v. Seminole Rock & Sand Co. the United States Supreme Court held that federal courts must defer to an administrative agency’s interpretation of its own regulation unless the interpretation “is plainly erroneous or inconsistent with the regulation.” Astoundingly, despite its doctrinal significance and practical importance to our administrative state, the Seminole Rock deference [...]

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Modern Forum Shopping in Bankruptcy

In 1978, changes to the venue rules for bankruptcy cases created surprisingly permissive venue selection procedures. Since that time, corporate bankruptcy cases have been characterized by harmful forum shopping. Recently, some skeptics have argued that forum shopping in bankruptcy is vastly overstated—a phenomenon that peaked many years ago. An empirical review of the 159 largest [...]

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Promissory Education: Reforming the Federal Student Loan Counseling Process to Promote Informed Access and to Reduce Student Debt Burdens

Student loan debt in the United States is now estimated to exceed one trillion dollars. However, in obtaining financial assistance, many postsecondary students do not contemplate the long-term implications of the legal obligations that they accept as conditions for receipt of student loan funds. This mass failure to realize the requirements attached to signing promissory [...]

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Not What, but When Is an Offer: Rehabilitating the Rolling Contract

A number of courts have held that a contract is formed when deferred terms found inside the package are reviewed by the buyer and accepted by some act—usually use of the good. This “rolling” contract approach has been widely criticized by commentators as an abomination of contract law that ignores a true application of the [...]

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Public Employee Speech and the Privatization of the First Amendment

Constitutional protection of public employee speech has been declining for the past forty years, yet the reason for the decline has remained elusive. This Article puts forward a novel theory situating public employee speech in larger structural transformations in governmental organization. It identifies a “public/private convergence,” the main feature of which is that public officials [...]

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