Issue 5
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The Use of AI-Based Technologies in Arbitrating Trust Disputes
An important debate has emerged concerning the potential application of Artificial Intelligence (“AI”) to the arbitration decision-making process. At issue… Read More
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ESG Securities Fraud
As investors have become more concerned about the risk that corporate wrongdoing will impact a company’s stock price, the SEC… Read More
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Disclosing the Ministerial Exception
The Supreme Court has repeatedly affirmed the existence of the so-called “ministerial exception” religious organizations’ constitutionally based immunity from employment… Read More
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Recasting Canons of Interpretation and Construction into “Canonical” Queries: Further Canonical Queries Presented or Transmitted Text
This Article draws from, builds upon, and continues my prior article addressing the conversion of canons of construction into “canonical”… Read More
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A Call to Reconsider Chevron: Overextension of the National Labor Relations Act to Tribal Gaming in Pauma v. NLRB
The relationship between tribal businesses and the federal government is a turbulent one, featuring a constant fight for Native American… Read More
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Chevron and Originalism: Why Chevron Deference Cannot Be Grounded in the Original Meaning of the Administrative Procedure Act
The Chevron doctrine, which requires courts to defer to an agency’s interpretation of a statute that it administers, is a… Read More
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Deciphering the “Armed Forces of the United States”
The Constitution provides for two kinds of military land forces—armies and militia. Commentators and judges generally differentiate armies from the… Read More
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Weaning United States Agriculture off Government Money by Following Australia’s Successful Example
In 2023, existing legislation providing billions in US government dollars to agricultural producers will expire. The policy underlying this legislation… Read More
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Dissent and Legitimacy in International Criminal Law
Throughout history, dissenting opinions have been subject to soaring praise as well as vitriolic criticism. Although some commentators nominally acknowledge… Read More
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Don’t Round up the Usual Suspects: The Sentencing Commission, Career Offenders, and Narrowing the Definition of a Controlled Substance Offense
Every day across the United States, controlled substance offenders are subjected to a provision of the United States Sentencing Commission’s… Read More
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Something’s Got to Give: The Business Roundtable Statement and the Opportunity to Change the Status Quo of Shareholder Wealth Maximization
In recent years, corporate leaders have increasingly described measures they will take to address the concerns of their stakeholders: members… Read More
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Requiem for a Lightweight: How NCAA Continues to Distort Antitrust Doctrine
The Supreme Court speaks rarely about the meaning of the Sherman Act. When the Court does speak, its pronouncements have… Read More
