Issue 1
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Reconciling Domestic Violence Protections and the Second Amendment
In March of 2023, the Fifth Circuit Court of Appeals held that individuals subject to domestic violence protective orders could… Read More
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The Supreme Court Summons the Ghosts of Bush v. Gore: How Moore v. Harper Haunts State and Federal Constitutional Interpretation of Election Laws
When the United States Supreme Court granted certiorari in Moore v. Harper, early warning systems went off in state supreme… Read More
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Standing Without Injury
It is “all but gospel” that bringing suit in federal court requires the plaintiff to allege an “injury in fact.”… Read More
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Basis of the Bargain in E-Commerce: A New Battlefield Where Reliance Falls Again
Although variations exist, all fifty states and the District of Columbia have adopted at least part of the Uniform Commercial… Read More
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Bush v. Gore’s Uniformity Principle and the 2020 Election
In Bush v. Gore, the Supreme Court established a “Uniformity Principle” for election administration, holding that the Equal Protection Clause… Read More
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Fixing Net Zero Leakage
In the context of climate policy, carbon leakage refers to an increase in greenhouse gas emissions in one jurisdiction resulting… Read More
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The Accountability-Accessibility Disconnect
The administrative state is a favorite target of the current Supreme Court. A majority of the justices would like to… Read More
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The Court and the Private Plaintiff
Two seemingly irreconcilable story arcs have emerged from the Supreme Court over the past decade. First, the Court has definitively… Read More
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Can Environmental Law Solve the “Forever Chemical” Problem?
Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is… Read More
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Comparing the Court and the Fed: Democratic Dilemmas of Elite Institutions
The Supreme Court and the Federal Reserve, twin pillars of the liberal market order, have never been systematically compared. Yet,… Read More
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Cognitive Decline and the Workplace
Cognitive decline will increasingly become a workplace concern because of three intersecting trends. First, the American population is aging. In… Read More
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Power over Procedure
American law should better protect people’s bodies from being caged than it should protect people’s money. And yet in so… Read More
