In the past month, the Northwestern University Law Review Colloquy has published essays relevant to current events and debates. Professors Hollener and Howell write in their essay that the Supreme Court should reverse the Federal Circuit’s decision in HIF Bio. The Federal Circuit erred in concluding that all Cohill remands are subject matter jurisdictional. Courts remand supplemental claims, they argue, because state courts are a better forum to litigate the issues. Professor Walker examines pay-to-play corruption and its implications for campaign finance law. His analysis is particularly salient in light of Gov. Blagojevich’s recent indictment.
Whether people possess fundamental rights and liberties beyond what is written in the Constitution has been debated for centuries. One of the most prominent constitutional scholars, Professor Laurence Tribe, tries to contribute to that debate. Professor Segall, in his essay, claims that Professor Tribe’s new book fails to advance the debate over whether the United States has an unwritten constitution. Professor Gevurtz weighs in on Stoneridge Investment Partners, v. Scientific-Atlanta, one of the most controversial decisions handed down by the Supreme Court in recent times. Professors Sarma, Smith, and Cohen observe that the Supreme Court has conflated the Fifth Amendment’s protections with the Six Amendment’s right to counsel, causing jurisprudential disorder. Several justices have considered collapsing the right to counsel into the Fifth Amendment. The professors’ essay argues that the justices should resist the temptation to do so.
For more, go to the Colloquy archives page, and remember to check back each week for new content.