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Most Recent Print Issue

Volume 69, Issue 1
Winter 2020


Augustine, Lawyers & the Lost Virtue of Humility  
by Bruce P. Frohnen 

The leading edge of legal scholarship and practice in recent decades has evinced a commitment to progressive politics at the expense of constitutional governance, the rule of law, and justice understood as vindication of the reasonable expectations of both the public and the parties to any given case or controversy. This article argues that renewed understanding of the virtue of humility, rooted in a genuine concern to do good according to one’s abilities, rights, and duties, is essential to the maintenance of decency in the legal profession and society as a whole.



Adapting U.S. Electronic Surveillance Laws, Policies, and Practices to Reflect Impending Technological Developments
by Eric Manpearl

Intelligence collection must always evolve to meet technological developments. While the collection programs under Section 702 of the FISA Amendments Act of 2008 have produced a great deal of valuable intelligence over the last decade, the United States must begin to think about foreseeable technological developments and strategically consider how to conduct signals intelligence (SIGINT) collection in the future.


Zarda and Sexual Orientation Expression: A New High for Title VII Interpretation
by Nico Ramos

Under current federal law, a majority of jurisdictions decline to extend Title VII protections based on sexual orientation; however, a growing number of circuits have reversed precedent and held that Title VII prohibits discrimination sexual orientation discrimination.



Desert in the Deluge: Using Data to Drive Racial Equity
by Elizabeth J. Kennedy

Corporations, governments, and research institutions have learned to harness the power of data to make strategic and operational decisions that drive profitability, efficiency, and efficacy. Making meaningful use of an unprecedented and expanding volume of high velocity, complex and variable data sets—so called “big data—has also been heralded to help solve social problems like human trafficking, homelessness and climate change. Despite this data deluge, those engaged in the advancement of racial equity in workforce development operate in a data desert.


The Bumpy Road of Home States’ Regulation of Globalized Businesses—Legal and Institutional Disruptions to Supply Chain Disclosure under the Modern Slavery Act
by Shuangge Wen and Jingchen Zhao 

In response to the paradigm shift from territorial corporations to global businesses and supply chains, states are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment far less considered.


The More Things Change, the More They Stay the Same: The United States, Trade Sanctions, and International Blocking Acts
by Meaghan Jennison

When the United States unilaterally withdrew from the Joint Comprehensive Plan of Action (“JCPOA,” colloquially known as the Iran Nuclear Deal) in May of 2018, that withdrawal signaled not only the United States withdrawal from that deal, of which it had been one of the chief negotiators, but also of a new level of trade engagement by the United States and the Trump Administration within the international community.


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