Annex Essay Archives
Abandoning Administrative Common Law in Mortgage Bankers
Kathryn K. Kovacs
Essay
95 B.U. L. Rev. Annex 1 (2015)
Perez v. Mortgage Bankers Association presents the Supreme Court with the opportunity to eliminate a rule of administrative common law that conflicts with the Administrative Procedure Act (“APA”). When Congress enacted the APA, it deliberately chose to exempt interpretive rules from the Act’s notice-and-comment requirements. The D.C. Circuit nonetheless invalidated a Department of Labor interpretive […]
King, Chevron, and the Age of Textualism
Abigail R. Moncrieff
Essay
95 B.U. L. Rev. Annex 9 (2015)
“If you’re right about Chevron [deference applying to this case], that would indicate that a subsequent administration could change [your] interpretation?” As it turns out, that question was crucial to Roberts’s thinking and to the 6-3 opinion he authored, but almost all commentators either undervalued or misunderstood the question’s import (myself included). The result of […]
Enforcing the Duties of Nonprofit Fiduciaries: Advocating for Expanding Standing for Beneficiaries
Eileen L. Morrison
Student Note
95 B.U. L. Rev. Annex 19 (2015)
Oversight of the nonprofit sector has long been a public concern. Nonprofits are largely self-regulated; otherwise, authority to exercise oversight is largely in the hands of states’ attorneys general and the federal Internal Revenue Service (“IRS”). The public may vote with their dollars; innovations such as signaling intermediaries have helped the public vet organizations before […]
Editor’s Foreword
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 1 (2014)
Cell Phones, Search Incident to Arrest, and the Supreme Court
Tracey Maclin
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 3 (2014)
The Supreme Court will soon decide whether police, pursuant to the “search incident to arrest” rule, may search a cell phone found on a person lawfully arrested. Under the search incident to arrest doctrine, police can search an arrestee for weapons and evidence that the arrestee might try to conceal or destroy without any particularized […]
Why Arizona v. Gant Is the Wrong Solution to the Warrantless Cell Phone Search Problem
Adam M. Gershowitz
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 9 (2014)
Some scholars have looked to Arizona v. Gant to limit police searches of cell phones incident to arrest. Under the Gant test, police would only be permitted to search a cell phone if it were reasonable to believe it might hold evidence of the crime of arrest. The allure of the Gant framework is that […]
Searching Cell Phones Incident to Arrest
George C. Thomas III
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 13 (2014)
In 1914, the Supreme Court stated that the right to search incident to arrest was “always recognized under English and American law.” These searches require neither a warrant nor any justification beyond the arrest itself. The issue presented in this Perspective is the extent to which police may read private documents found incident to arrest […]
Can Big Brother Search Cell Phones Incident to Arrest?
Jack Zanini
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 17 (2014)
The question of whether the police may search an arrestee’s cellphone, like all search issues, must be resolved in light of basic principles regarding privacy and the right of a person to be free from intrusion by the government. The Fourth Amendment to the United States Constitution generally requires a search warrant issued by a […]
Editor’s Foreword
Perspectives: Adoptive Couple v. Baby Girl
93 B.U. L. Rev. Annex 47 (2013)
Hard Facts, Muddled Law: Deciphering the Baby Veronica Decision
Barbara Ann Atwood
Perspectives: Adoptive Couple v. Baby Girl
93 B.U. L. Rev. Annex 49 (2013)
Adoptive Couple v. Baby Girl marks an unwise retreat from the Supreme Court’s earlier embrace of the Indian Child Welfare Act (ICWA). Animated by understandable empathy for the adoptive parents, Justice Alito’s majority opinion devalues the Indian identity of the child (Veronica) and her relationship with her Indian father. In so doing, the majority’s opinion […]
Adoptive Couple v. Baby Girl: Erasing the Last Vestiges of Human Property
James G. Dwyer
Perspectives: Adoptive Couple v. Baby Girl
93 B.U. L. Rev. Annex 53 (2013)
The Indian Child Welfare Act (ICWA) should be named the Indian Tribal Preservation Act. Although the ICWA was partly a reaction to practices in the 1970s that harmed some children, its primary purpose was to promote the perpetuation of Native American tribes, which were threatened by the largescale exodus of autonomous adult tribe members from […]
Who’s the Father?
Naomi Cahn & June Carbone
Perspectives: Adoptive Couple v. Baby Girl
93 B.U. L. Rev. Annex 57 (2013)
When couples manage to be close enough to conceive a child, but not close enough to determine the child’s future, who gets to decide when they disagree: mother, father, state courts, or a tribe? The litigation that produced the Supreme Court decision in Adoptive Couple v. Baby Girl demonstrates why we are no closer to […]
Indian Children and Their Guardians Ad Litem
Matthew L.M. Fletcher & Kathryn E. Fort
Perspectives: Adoptive Couple v. Baby Girl
93 B.U. L. Rev. Annex 61 (2013)
One of the primary goals of the Indian Child Welfare Act (ICWA) is to limit the influence or bias of state workers in decisions placing American Indian children out of their home and community. While this focus usually concerns state social workers, the officials who most often seek removal of a child, or the courts, the body that issues the orders and opinions, guardians ad litem (GALs) […]