Tribes, Nations, States: Our Three Commerce Powers
By: Christopher R. Green* Abstract The scope of federal power is sometimes seen as a long-running battle between two stories. Story One sees the commerce power as initially broad, mistakenly...
View ArticleHow Should the Supreme Court Respond to the Combination of Political...
By: Richard J. Pierce, Jr.* Abstract In this Article, Professor Pierce discusses two related problems that the Supreme Court must address: (1) the large increase in nationwide preliminary injunctions...
View ArticleOne Step Forward, Two Steps Back: Why Title IX Does Apply, and Should Apply,...
By: Faith Anderson* Abstract The history of women in education is frustrating. Although it is commonplace to see women in education and sports today, women were not visible in these places prior to...
View ArticleWhen Blocking Becomes Censorship: The Circuit Split on Determining When...
By: Morgan Ryan* Abstract When is the last time you thought about the constitutional implications of your social media activity? With social media use surging, courts face an increasing number of First...
View ArticleThe Same PTAB Panel Should Not Do It All: Why Inter Partes Review Decisions...
By: Adam J. Cook* Abstract The United States’ patent system provides a framework for the protection of an inventor’s intellectual property: their inventions. A valid utility patent is useful, novel,...
View ArticleEscaping the Nuclear Ice Age: The Nuclear Regulatory Commission’s Race to...
By: Mari Reott* Abstract Humanity is facing an environmental emergency. Climate change is forcing the world to mitigate the harm caused by fossil fuels and acclimate through innovation, either by...
View ArticleLegislative Calibration of Constitutional Remedies
By: Edward A. Hartnett* Abstract The Supreme Court currently faces two very different kinds of criticism. One contends that the Court is not doing enough to remedy violations of the Constitution and...
View ArticleSupremacy Lost?: Zoning, Covenants, and the Evolution of Single-family Ownership
By: Professor Mary Jo Wiggins*Abstract For as long as detached, single-family homes have been part of the modern real estate market, they have been a relatively staid and sleepy part. Traditionally,...
View ArticleShallow Fakes
By: Albertina Antognini & Andrew Keane Woods* Abstract Scholars and policymakers are rightly concerned with online deception, especially intentional efforts to spread fake news. But the problem of...
View ArticleWhat is the Object of the Constitutional Oath?
By: Evan D. Bernick* & Christopher R. Green**Abstract How and why are public officials today obliged to follow the Constitution? Article VI gives us a crystal-clear answer: They are bound “by oath...
View ArticleRebels Among Ruins: Policies, Procedures, and Laws Surrounding Confederate...
By: Erik W. Blasic* Abstract The fate of Confederate monuments is a nationally prominent issue. At its core, the debate about the removal of Confederate monuments evokes questions of values, national...
View ArticleWage Theft by Service Charge: Circuit Decisions Go Against the Purpose of the...
By: Erik Allgood* Abstract Rising costs and inflation rates have created difficult times for both service industry employers and their employees. Business owners often implement service charges to...
View Article“Finders Keepers, Losers Weepers!”: Why the United Kingdom Should Respond to...
By: Danielle B. Sinn* Abstract Throughout human history, imperial powers colonized other countries and, subsequently, took much of their cultural property. Today, previously looted countries actively...
View Article#FilterDrop It Like It’s Hot: Why the FTC Should Explicitly Ban Filter Usage...
By: Julie E. Pandich* Abstract Social media filters are so engrained in society—virtually everyone filters their photos and videos without a second thought. As a result, filters are everywhere, from...
View ArticleReasonably Accommodating Employment Discrimination Law
By: William R. Corbett* Abstract Federal employment discrimination laws requiring reasonable accommodations changed and expanded significantly in 2023. The Pregnant Workers’ Fairness Act (“PWFA”)...
View ArticleHoldings as Hypotheses: Teaching Contextual Understanding and Enhancing...
By: Lisa M. De Sanctis* Abstract When the Pinball Wizard asked his well-timed question, he not only lit up the 1L classroom with a cacophony of opinions but also illuminated deep confusion about the...
View ArticleReflecting on the 2020 Redistricting Cycle: A Proposal for Interstate...
By: Zachary J. Krislov* Abstract Reversing historical trends, 2020 congressional redistricting produced national partisan parity. However, as this Article argues, all is not well with our...
View ArticleBridging Policy and Practice: A Pragmatic Approach to Decentralized Finance,...
By: Eric W. Hess* Abstract Confronted with a Hobson’s choice of either implementing stringent enforcement of uncertain regulation or geo-fencing the United States, regulators and stakeholders must...
View ArticleUnreasonable, Unfair, and Unaccountable: What Commonwealth v. Pownall Reveals...
By: Jennifer Bauer* Abstract Police violence is a widespread problem in the United States that disproportionately affects Black communities. Social justice movements and the media pressure prosecutors...
View ArticleWhere Is My Cargo?: When a ForceMajeure Clause Should Not Be an Excuse for...
By: Yujin Jang* Abstract The year 2020 marked the onset of the global crisis wrought by the COVID-19 pandemic, reshaping every aspect of life. Many governments closed their borders and ordered...
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