December 2015 | Vol. 84, No. 3

Disruptive Technology and Securities Regulation

by Chris Brummer

Measuring Transnational Human Rights

by Cortelyou C. Kenney

The Proper Standard of Review for Required Party Determinations Under Federal Rule of Civil Procedure 19

by Brandon R. Coyle

Pay the Troll Toll: The Patent Troll Model Is Fundamentally at Odds with the Patent System’s Goal of Innovation and Competition

by Grace Heinecke

Tortured Language: Lawful Permanent Residents and the 212(h) Waiver

by Julianne Lee

Behind Enemy Phone Lines: Insider Trading, Parallel Enforcement, and Sharing the Fruits of Wiretaps

by Alexandra N. Mogul

(Don’t) Take Another Little Piece of My Immunity, Baby: The Application of Agency Principles to Claims of Foreign Sovereign Immunity

by Daniel P. Roy III

Actual Innocence in New York: The Curious Case of People v. Hamilton

by Benjamin E. Rosenberg

This piece takes an in-depth look at the recent New York Appellate Division decision People v. Hamilton.   In Hamilton, the Second Department allowed a freestanding actual innocence claim under New York law.   While courts in some other states, including state appellate courts, have recognized such actual innocence claims, whether such claims should be recognized, and if so under what circumstances, is a very live issue in the federal courts and numerous state courts throughout the country.   


FISA Surveillance and Aliens

by Amit K. Chhabra