Volume 74, Issue 1
Winter 2025
ADDRESS
A Conversation with Justice Brett Kavanaugh
(Kavanuagh) Abstract. On Thursday, September 26th, 2024, the Center for the Constitution and the Catholic Intellectual Tradition at The Catholic University of America hosted a conversation between Justice Brett M. Kavanaugh and Professor J. Joel Alicea. This was the inaugural event of the new Center . . .
ARTICLES
The Illusionary Coverage Doctrine Is Not A Doctrine At All (But It Should Be)
(Conway) Abstract. The Illusory Coverage Doctrine, if it ever becomes a true legal doctrine, has the potential to be an incredibly useful tool in insurance law. But courts around the country take very different approaches to the doctrine, ranging from one end of the spectrum—a hard-nosed “pro-insurer” stance where coverage is not illusory so long as a policy provides any coverage—to the other—a muscular “pro-policyholder” public policy approach that requires coverage even if some other exclusion might have prevented coverage under the applicable policy . . .
If It Was Good Enough to Work Against the Nazis . . . : Revitalizing the Foreign Agents Registration Act to Regulate Modern Foreign Electioneering
(McCurry) Abstract. News headlines from the 2016 election to the present have described an ongoing political scandal that is unmatched in modern history: continued attempts of foreign interference in U.S. elections. It is fairly obvious that the United States lacks adequate restrictions to prevent foreign interference in U.S. elections . .
COMMENTS
To Surmount Paramount Decrees by Degrees
(Kazenoff) Abstract. The United States Supreme Court in United States v. Paramount and the subsequent Paramount Decrees in 1948 were the federal government’s original attempt to address the consolidation and concentration of the movie production, distribution, and exhibition markets. The government reversed its decision in 2020 because of both changes in the film industry and a change in the legal application of antitrust law . . .
Ghost Guns: A Case Study on the Tension Between Public Exigencies and Statutory Construction
(Krause) Abstract. Administrative agencies often navigate public policy issues while simultaneously handling complex and highly technical matters. When facing a public emergency, how should courts interpret these agencies’ authorizing statutes . . .
All’s “Fair” in Love & Copyright: Copyright’s Incentivization of Fiction Through the Second Fair Use Factor & Idea/Expression Dichotomy
(Smetana) Abstract. Copyright Law is supposed to encourage authors to create works of authorship, both factual and fictional. However, Copyright jurisprudence has developed to only protect expression, and not idea, to ensure the continued dissemination of knowledge . . .