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Volume 65
Beyond The Paris Attacks: Unveiling The War Within French Counterterror Policy

By Khaled A. Beydoun65 Am. U. L. Rev. 1273 (2016) 

The Paris Attacks of November 13, 2015, left an indelible mark on France’s culture war with Islam and are poised to permanently reform the identity of French counterterrorism policy.  Since the beginning of the Jacques Chirac Administration in 1995, the State has maintained a hardline cultural assimilation campaign as the foundation of its counterterror program.  This campaign culminated in 2004 with the “Headscarf Ban,” and six years later—under President Nicolas Sarkozy—the enactment of the “Face Concealment Ban.”

The emerging threat of “homegrown radicalization” shifted the State’s focus from an assimilationist policy to Countering Violent Extremism (CVE) Policing in 2012.  This counterterror approach, employed in the United States, the United Kingdom, and some European states, is facilitated by building inroads within Muslim communities and developing the social capital within them to enhance on-site monitoring, electronic surveillance, and symbiotic collaboration as the fulcrum of policing and preventing radicalization.  The hardline cultural assimilation approach employed by France, however, undermines advancement of these vital CVE Policing goals, ultimately curbing its effectiveness.

First, this Article analyzes the strategic tensions between the cultural assimilation counterterror philosophy, championed by Chirac and Sarkozy, and the emergent CVE Policing paradigm.  Second, it proposes that the State’s interest in advancing its counterterrorism goals requires retrenching hardline cultural assimilation policies. Dissolution of such policies, most notably the Headscarf and Face Concealment Bans, is a vital step toward implementing a sustainable and effective CVE Policing program.

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Revisiting Miller Brothers, Bellas Hess, And Quill

By Richard D. Pomp | 65 Am. U. L. Rev. 1115 (2016)

The American University Law Review was prophetic in choosing “Taxing Remote Sales in the Digital Age” as its symposium issue. The obstacle to any meaningful sales tax reform of the digital economy is the U.S. Supreme Court’s 1992 decision in Quill Corp. v. North Dakota. In Quill, the Court held that the Commerce Clause requires a vendor to have a physical presence in a state before it can be required to collect that state’s use tax. That requirement has subsequently been roundly criticized. Most notably, in March 2015, Justice Anthony Kennedy wrote a concurring opinion in Direct Marketing Association v. Brohl that sent shock waves through the profession, urging the Court to revisit Quill’s legal underpinnings.

Part of Justice Kennedy’s concurrence is reprinted below because it serves as a wonderful, short overview of the issues dealt with at the Law Review’s Symposium and in some of the articles in this Issue. This Article supports Justice Kennedy by arguing that the Quill decision was intellectually dishonest, politically motivated, and based on shaky precedent. If the Supreme Court has the opportunity, it should abandon Quill.

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Foreword to the Federal Circuit Issue

By The Honorable Alan D. Lourie65 Am. U. L. Rev. 763 (2016)

Our court has been the subject of much criticism in recent years. Questions have been raised as to whether it has been a success, or at least as to whether its exclusive jurisdiction over patent appeals should continue. It has been said that the court is too pro-patent, but others have said that we are insufficiently so. Much has been made of the increase in Supreme Court review and frequent reversals of our decisions. Although I do not follow critiques of the other circuit courts of appeals, probably few appellate courts, other than the Supreme Court, have been subjected to as much criticism as ours.

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Ribbon-Cutting Ceremony: Keynote Address

By The Honorable Ruth Bader Ginsburg | 65 Am. U. L. Rev. 525 (2016)

On February 12, 2016, the Washington College of Law celebrated the opening of its new Tenley Campus.  During the Ribbon-Cutting Ceremony, we were honored to receive a keynote address from Associate U.S. Supreme Court Justice Ruth Bader Ginsburg.

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Reconceptualizing Managerial Judges

By Steven Baicker-McKee │ 65 Am. U. L. Rev. 353 (2015)

 

What is the ideal role for a judge in today’s litigation environment? Should it be passive—waiting in her chambers for the lawyers to bring motions raising issues and disputes during the pretrial process, then presiding over trial? Or should it be proactive—initiating conferences periodically during the pretrial process to steer the case and prevent disputes, then presiding over trial?

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