Federal Courts
Congressional Intent to Preclude Equitable Relief — Ex Parte Young After Armstrong
Notes
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Legal Profession
Proving Breach of Former-Client Confidentiality
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Affirmative Action
The Harvard Plan That Failed Asian Americans
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Private Law
Rethinking Actual Causation in Tort Law
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Fair Labor Standards Act of 1938
The Substantive Waiver Doctrine in Employment Arbitration Law
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Appellate Procedure
The Justiciability of Servicemember Suits
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Privacy
If These Walls Could Talk: The Smart Home and the Fourth Amendment Limits of the Third Party Doctrine
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Extraterritoriality
Clarifying Kiobel’s “Touch and Concern” Test
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Jurisprudence
Rights in Flux: Nonconsequentialism, Consequentialism, and the Judicial Role
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Education
The Misguided Appeal of a Minimally Adequate Education