Connecticut Law Review Volume 46 - Issue 3

Let Judges Judge: Advancing a Review Framework for Government Securities Settlements Where Defendants Neither Admit Nor Deny Allegations

It has become increasingly common in the years following the 2008 financial crisis for the public to read news headlines of the latest hundred million dollar settlements reached between the United States federal government and major corporations wherein the defendants do not admit or deny the charges alleged.  This Note analyzes why one agency in […]

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A Tale of Two Searches: Intrusive Civil Discovery Rules Violate the Fourth Amendment

In this Essay, I argue that civil discovery rules compelling the production of private papers violate the Fourth Amendment’s prohibition against unreasonable searches.  A “search” occurs when a government agent intrudes upon a sphere in which society recognizes “a reasonable expectation of privacy.”  Implicit in this definition is an affinity for private papers such as […]

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Nonprofits, Speech, and Unconstitutional Conditions

This Article proposes a new constitutional framework for approaching the issue of speech-related conditions on government funding accepted by nonprofits and demonstrates its application by reviewing the Court’s landmark decisions in this area.  It argues that speech rights are generally inalienable as against the government under the First Amendment, and therefore any abridgement of such […]

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Limits on the Perfect Preventive State

Traditional methods of crime prevention—the punishment of the culpable and the preventive restraint of the dangerous—are slowly being supplemented and supplanted by technologies that seek to perfectly prevent crime.  For instance, the federal government is developing in-car technology that would prevent vehicle operation when a driver has a blood alcohol level in excess of the […]

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Seeking Consistency for Prior Consistent Statements: Amending Federal Rule of Evidence 801(d)(1)(B)

The Advisory Committee for the Federal Rules of Evidence was hard at work in 2013 trying to bring resolution to a mystery that has plagued Rule 801(d)(1)(B) since its enactment thirty-eight years ago.  Scholars, judges, and litigants have long pondered why the drafters of Rule 801(d)(1)(B) carved out a hearsay exemption for prior consistent statements […]

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Seeking Solutions to Financial History Discrimination

Employers’ use of credit reports to evaluate prospective job applicants has generated considerable scrutiny in the popular press and academic literature, but few proposals for reform.  This Article explores three possible ways of reducing the risk of financial history discrimination in the employment setting. First, imposing inquiry limits on employers’ use of credit reports, a […]

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