Issue 2
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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
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The Article III Mask v. The Article III Reality
The Supreme Court has traditionally maintained that Article III of the Constitution restricts the federal courts to deciding cases. On… Read More
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The Unitary Executive in the Age of American Authoritarianism
Frustrated with the outcome of the 2020 presidential election, members of the Trump White House produced a draft executive order… Read More
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The Radical Challenge to the Antitrust Order
The U.S. antitrust order is undergoing a radical challenge along three key dimensions. First, the challengers seek to denaturalize markets… Read More
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The Unpublished Concurrence in Romer v. Evans
The recent release of Justice John Paul Stevens’s papers for the Supreme Court’s 1995 term reveals the existence of a… Read More
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The Algorithm’s Alright: Trusting Big Tech’s Image Match in the Wake of Wilson
A Fourth Amendment exception that was originally executed by private parties dealing with physical goods has now evolved into a… Read More
