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The Government Attorney’s Client: An Examination of John Rizzo’s Company Man: Thirty Years of Controversy and Crisis in the C.I.A.

This Review critiques John Rizzo’s memoir detailing his thirty-year career as a lawyer in the Central Intelligence Agency, culminating in his service as acting General Counsel. One of the key architects of the CIA’s Enhanced Interrogation Technique program, Rizzo articulates multiple policy rationales for the program, but, ultimately, his policy basis falls flat. More importantly, […]

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Getting Kids Out of Harm’s Way: The United States’ Obligation to Operationalize the Best Interest of the Child Principle for Unaccompanied Minors

The government estimates that by the end of the fiscal year over 70,000 unaccompanied children will enter the United States. According to the United Nations High Commissioner for Refugees fifty-eight percent of these children will have been forcibly displaced and will be potentially in need of international protection. The only protections for these children are […]

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Why Justice Kennedy’s Opinion in Windsor Shortchanged Same-Sex Couples

Supreme Court Justice Anthony Kennedy’s opinion in United States v. Windsor—invalidating section three of the Defense of Marriage Act—made the same mistake as his opinion in Lawrence v. Texas.  Both decisions relied upon abstract notions of “liberty” rather than a clear, text-based guarantee of equality.  Same-sex couples deserve more: they are entitled to equal treatment […]

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Non-Prophets: Why For-Profit, Secular Corporations Cannot Exercise Religion Within the Meaning of the First Amendment

Under the Patient Protection and Affordable Care Act, employers are required to provide their employees with insurance coverage for contraceptives.  The regulations provide certain exemptions, but those exemptions explicitly do not apply to for-profit organizations.  As a result, for-profit corporations run by religious owners have filed nearly fifty lawsuits, arguing that the contraceptive mandate violates […]

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The Use of Economics in Defense of General Motors’ Decision Not to Fix Faulty Ignition Switches Demonstrates that Economics Is Not A Moral Theory

The General Motors’ Company recently faced problems with a faulty ignition switch. One might think that GM’s handling of its ignition problem was obviously disastrous, as it killed and maimed many innocent people. Leading law and economics scholar Eric Posner disagrees. He maintains that GM’s actions may have been reasonable if the cost to GM […]

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Police Misconduct in Connecticut

The cultural divide between indigent communities and law enforcement is a symptom of the cyclical nature of police misconduct. Because police misconduct is notoriously difficult to prosecute, it leads to mutual distrust. Officers resent the allegations of misconduct, and when they are not disciplined, civilians lose respect for the system. Community-specific outreach programs are the […]

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The Gradually Reduced Credit for Biomass Energy in Connecticut: A Vague But Still Constitutional Standard

In a 2013 report, the Connecticut Department of Energy and Environmental Protection pointed out multiple problems with relying on biomass and landfill gas energy to satisfy Connecticut’s renewable energy portfolio standards. In response, the legislature delegated authority to the Commissioner of Energy and Environmental Protection to reduce the renewable energy credit value for biomass and […]

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What “Stop-and-Frisk” Can Teach Us About the First Amendment and Judicial Recusal

The New York Police Department’s stop-and-frisk policy has been widely and passionately criticized. When a panel of the Second Circuit Court of Appeals removed District Judge Shira Scheindlin from a case reviewing the policy, it added divisive ethical issues to an already controversial topic. Overlooked in this heated debate, however, are the constitutional ramifications of […]

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Defendant Silence and Rhetorical Stasis

Silence disrupts the classic arrangement of argumentation by preventing the traditional narrowing of issues—i.e., the identification of points of stasis. This burdens the side against which silence is deployed. When the defendant invokes the right to silence, the prosecution must address every possible defense. In those rare instances where a defendant’s silence may be raised […]

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Personalized Bills as Commemorations: A Problem for House Rules?

The proliferation of personalized bills in Congress has occurred despite a prohibition on commemorations in the House of Representatives.  This Essay provides a close examination of the wording behind the ban, especially the definition of “commemoration.”  It uses examples from the Adam Walsh Child Protection and Safety Act of 2006 and other statutes to demonstrate […]

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