Issue 3
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Joinder, Not Jurisdiction: Toward a New Theory of Standing
This Article builds on an important development in the Supreme Court’s standing jurisprudence to propose a novel theory that would… Read More
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Defending Shareholder Democracy
The right to vote constitutes shareholders’ core power within the corporation. Yet too often scholars have failed to differentiate between… Read More
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Qualified Immunity & Subjective Knowledge
There is something weird going on within the doctrine of qualified immunity. The Supreme Court and lower courts routinely claim… Read More
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Our Anemic Excessive Fines Clause: Are State Courts Following the Federal Lead?
In 2019, in Timbs v. Indiana, the United States Supreme Court held for the first time that the Eighth Amendment… Read More
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Defense Lawyers and the Separation of Powers
Debates over the separation of powers in criminal law ignore defense lawyers. Prosecutors, judges, and legislators are the main focus.… Read More
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Nondelegation by Any Other Name: The Major Questions Doctrine and the Administrative State
It has been nearly a century since the United States Supreme Court last struck down a delegation of congressional power… Read More
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The Emerging Constitutional Law of Remote Criminal Justice
The COVID-19 pandemic compelled courts to experiment with a novel mode of criminal process: conducting proceedings via video. The remote… Read More
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The Civil-Criminal Convergence
Federal courts take criminal law seriously. Indeed, a particular solicitude for the criminal process undergirds several legal doctrines. These doctrines… Read More
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Relative and Absolute Patentability
In this Article, we define and interrogate a new typology for patentability rules. In our typology, some rules are predominantly… Read More
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The Limits of Individual Prosecutions in Deterring Corporate Fraud
Fifteen years after the largest financial scandal and economic crisis in a century, discussion of the problem of corporate crime… Read More
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Parens Patriae or Government Overreach: Do Parents Have a Fundamental Right to Control Their Children’s Medical Care?
Throughout the United States of America, every time a new baby is born, state medical professionals draw blood from the… Read More
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Displacement of Federal Common Law
Federal statutes displace federal common law when they abrogate, limit, or restrict causes of action otherwise available to litigants under… Read More
