May 27, 2010 | Case Comments, Number 3, Print Edition, Volume 43
Although Congress may, as a general matter, extensively regulate interstate commerce, the federal government’s authority to legislate in areas of traditional state concern is limited. Courts, spurred by a renewed interest in federalism, have begun scrutinizing...
May 27, 2010 | Notes, Number 3, Print Edition, Volume 43
On March 29th, 2008, the residents of Montville, Maine voted to ban the cultivation of genetically modified organisms (GMOs) within the town’s borders. They did so because, among other things, the town’s residents were concerned about the potential for genetic...
May 27, 2010 | Notes, Number 3, Print Edition, Volume 43
Part II of this Note discusses the current state of attorney-client privilege law with respect to corporate communications. It first provides a brief overview of privilege law and introduces the public policy argument that the pursuit of truth in litigation demands...
May 27, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA Nulla poena sine lege is a fundamental principle of criminal law. Its application is closely related to a basic understanding of criminal justice and separation of powers. The 1997 Chinese Criminal Law adopts a modified...
May 27, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA A general perception exists that constitutional review is not a part of modern Chinese jurisprudence. That view is mistaken. The aim of this essay is to show that, while substantial constitutional change has not yet been...
May 27, 2010 | Lead Articles, Number 3, Print Edition, Volume 43
SYMPOSIUM: CONSTITUTIONAL REVIEW IN CHINA There are great shifts in constitutional thinking taking place today in China among elite Chinese constitutional scholars. Among this group of influential constitutional law scholars, Hu Jintao’s concept of scientific...