Issue 2
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Intermediate Scrutiny as Proportionality Review in First Amendment Doctrine
Intermediate scrutiny is the First Amendment’s workhorse, yet it is often treated as a deferential formality. This Article argues that… Read More
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A Failed Revolution: The Muted Impact of Jones, Riley, and Carpenter
In the 2010s, the Supreme Court decided a trio of cases—United States v. Jones, Riley v. California, and United States… Read More
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Taking Scale Seriously in Technology Law
Issues of scale—the relationship between the amount of an activity and its associated costs and benefits—permeate discussions around law and… Read More
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How Marijuana Rescheduling Could Transform the Controlled Substances Act
After fifty-five years, the federal government is on the verge of moving marijuana out of Schedule I, the most restrictive… Read More
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Human Confrontation
The United States Constitution’s Confrontation Clause ensures the criminally accused a right “to be confronted with the witnesses against” them.… Read More
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Reckless Abandon: The Case for an Objective Recklessness Standard Under the False Claims Act
The False Claims Act (FCA) is the federal government’s primary statute for litigating fraud in the United States. The FCA’s… Read More
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History and Tradition as Heightened Scrutiny
The Supreme Court is turning to methodologies privileging text, history, and tradition, or THT, to interpret and implement various constitutional… Read More
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“More Than Any Private Citizen Might Do”: The Need for a Clear Rule Against Nighttime Knock-and-Talks
The Fourth Amendment protects both property and privacy interests. And under the property theory of the Fourth Amendment, the Supreme… Read More
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Administering Presidential Elections and Counting Electoral Votes After Trump v. Anderson
In the landmark case Trump v. Anderson, the Supreme Court unanimously held that states lack the unilateral power to exclude… Read More
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Recasting Canons of Construction into “Canonical” Queries: Canons and Queries of Meaning, Spirit, Letter, and Text
This Article builds upon my two prior articles addressing deficiencies in the canons of construction and the need to convert… Read More
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Reframing Compliance for a Polarized World
Corporate compliance relies on an intricate network of individuals and organizations to monitor and report wrongdoing. Compliance improves our collective… Read More
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Birdies, Bogeys, and Bonus Deductions: An Argument for a Simpler Approach to Conservation Easement Valuations
Golf courses and their owners, like most people, do not like paying taxes. In fact, golf courses and their owners… Read More
