Articles & Essays
Notes
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Discrimination
Beyond Intent: Establishing Discriminatory Purpose in Algorithmic Risk Assessment
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Freedom of Religion
Constitutional Constraints on Free Exercise Analogies
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Trademark
Fanciful Failures: Keeping Nonsense Marks off the Trademark Register
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Legal History
The Agreement and the Girmitiya
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Policing
Prosecuting in the Police-less City: Police Abolition’s Impact on Local Prosecutors
Recent Cases
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Intellectual Property
Castillo v. G&M Realty L.P.
Second Circuit Finds Temporary Art Protected Under the Visual Artists Rights Act.
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Administrative Law
Ali v. Barr
Fifth Circuit Allows Board of Immigration Appeals to Change Department of Homeland Security Statutory Interpretation Without Reasoned Explanation.
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Environmental Law
City of Oakland v. BP PLC
Ninth Circuit Finds that State Public Nuisance Claims Against Fossil Fuel Producers Are Not Completely Preempted by Federal Law.
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Environmental Law
National Wildlife Federation v. Secretary of the U.S. Department of Transportation
Sixth Circuit Holds that Agencies Are Not Bound by the ESA or NEPA When Reviewing Oil Spill Response Plans.
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Election and Voting Law
Baten v. McMaster
Fourth Circuit Rules that Winner-Take-All System Is Constitutional.
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Criminal Law
United States v. Rosemond
Second Circuit Holds that Counsel Admitting to Elementof Crime over Defendant’s Protests Does Not Violate Defendant’s Autonomy.
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Federal Courts
Juliana v. United States
Ninth Circuit Holds that Developing and Supervising Plan to Mitigate Anthropogenic Climate Change Would Exceed Remedial Powers of Article III Court.