Connecticut Law Review Volume 46 - Issue 2

Perpetually Turning Our Backs to the Most Vulnerable: A Call for the Appointment of Counsel for Unaccompanied Minors in Deportation Proceedings

The rate of young illegal migrants crossing the United States’ borders has reached unprecedented levels. Many children are fleeing their home countries in order to escape gang violence or to reunite with their family in the United States. Others are being smuggled into the country without any comprehension of the migration. In 2012, the United States Border Patrol apprehended a […]

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The New York City Sugar-Sweetened Beverage Portion Cap Rule: Lawfully Regulating Public Enemy Number One in the Obesity Epidemic

Faced with an obesity epidemic, on September 13, 2012, the New York City Board of Health became the first local administrative body to amend its health code to restrict the size of sugar-sweetened beverages sold in the food service establishments subject to its jurisdiction. A legal challenge led by the American Beverage Association quickly followed. In March 2013, the New […]

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Providing Equal Investment Opportunity Via Securities Exchange Act Section 13(f)

In 1975, Congress amended the Securities Exchange Act of 1934, incorporating section 13(f) on Periodic Reporting requirements of institutional investment managers. The law mandates that institutional investors file a holdings report, known as Form 13F, with the Securities and Exchange Commission for public distribution. The law provides filers with confidential treatment when in the public interest. This Note argues […]

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Integration Reclaimed: A Review of Gary Peller’s Critical Race Consciousness

Integration occupies a contested and often paradoxical place in legal and public policy scholarship and the American imagination. Today, more Americans are committed to integration than ever before. Yet this attachment to integration is hardly robust. There is a widespread perception that integration has failed. A vanishingly small percentage of social and economic resources are spent on integration. At the […]

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Sharing the Cathedral

Sharing is an indispensable part of American property law, often mediating the harsh implications of ownership rights. Yet sharing is also a hidden component of this legal structure. In both theory and doctrinal manifestations, sharing is overshadowed by the iconic property right of exclusion. This Article argues that property law suffers a critical loss from its under-recognition of sharing because it […]

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Wrongful-Aspect Overdetermination: The Scope-of-the-Risk Requirement in Drunk-Driving Homicide

Tort law’s scope-of-the-risk rule says that a defendant is liable for another person’s injury only if the injury resulted from the very risks that made the defendant’s conduct wrongful. Criminal law scholars have neglected the question whether the scope-of-the-risk rule (or its wrongfulaspect variant) also applies in criminal cases. But the question has divided the courts. In drunk-driving homicide cases, […]

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Strange Traffic: Sex, Slavery, and the Freedom Principle

This Article uses the recent prosecution of a sex trafficking case in rural Missouri to argue three points. First, the federal law of trafficking is currently being used in unanticipated ways, including the apprehension of individuals who pay for sex. Second, trafficking invites creative use precisely because it provides prosecutors with a more salient justification for punishment than either legal […]

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Foreclosure and the Failures of Formality, or Subprime Mortgage Conundrums and How to Fix Them

The subprime mortgage crisis was not only an economic disaster but posed challenges to traditional rules of property law. Banks helped create the crisis by marketing mortgages through unfair and deceptive practices. They induced many consumers to take out high-priced loans they could not afford and then passed the risk to investors who were fooled into thinking these were safe […]

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Formalism and Antiformalism in Patent Law Adjudication: Rules and Standards

The United States Court of Appeals for the Federal Circuit exists, at least in part, to achieve goals related to patent law that the Supreme Court singularly failed to achieve. Since the Federal Circuit’s inception just over thirty years ago, however, critics have shifted blame for problems with the patent system from the Supreme Court to the Federal Circuit. A […]

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