Yan Fang, in “Internet Technology Companies as Evidence Intermediaries” (Yale Journal of Law & the Humanities), demonstrates that company processes for responding to search warrants often consist of provisional measures to handle imprecise wording of warrants, impacting the evidence available for legal proceedings. She says institutional interventions should be considered.
Bijal Shah recently authored the article “A Critical Take on Separation-of-Powers Formalism” in the Georgetown Journal of Law & Public Policy. In her work, she explains that formalism has come to dominate both legal scholarship and judicial decision making, and she extensively considers the value of these formalist approaches from the perspective of critical legal theory. It furthers her critical theory insights.
Kent Greenfield’s “Using the First Amendment to Save Race-Conscious College Admissions” appeared in the American Journal of Law and Equality. He explores whether colleges and universities should bring a suit on First Amendment grounds to protect their use of race in admissions. This depends on several considerations, so he evaluates how potential claims would fit within current doctrine.
Ryan Williams authored “Historical Fact” in the Notre Dame Law Review, explaining that the importance of historical-fact determinations in constitutional litigation makes it difficult for courts to translate historical facts into legal conclusions. He examines issues with approaches that focus on adjudicative fact-finding and treating historical fact-finding as a question of nonadjudicative fact.
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