Takings Clause
Necessity Takings in the Era of Climate Change
The American West has been in the midst of a megadrought for the last two decades — the worst it has experienced in at least 1200 years.Nathan Rott, Study Finds Western Megadrought…
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Immigration
Courts in Name Only: Repairing America’s Immigration Adjudication System
Introduction In recent years, immigration has risen to the top of America’s collective consciousness. From President Trump’s infamous “Muslim ban”…
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Affirmative Action
Discrimination Blocking: A New Compelling Interest for Affirmative Action
In 1951, a promising young student submitted his application to the School of Theology at Boston University. His application…
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Criminal Law
The Occasions Clause Paradox
Introduction The Armed Career Criminal Act (ACCA) mandates an…
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Criminal Justice
Welfarist Prosecution
Introduction Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It’s well established that criminal justice involvement disproportionately affects communities of color and…
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Bankruptcy
Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code
Absent a “clear indication” to the contrary, federal law applies “only within the territorial jurisdiction of the United States.”Morrison v. Nat’l Austl. Bank Ltd., 561 U.S. 247, 255 (2010) (quoting…
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Financial Regulation
Lending in the Time of Coronavirus
“You don’t want to be found dead after a shoot-out with unused ammunition.” That was…
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Regulation
The Awareness Doctrine
The state of news media leaves much to be desired. Traditional broadcast mediums are dominated by a select few voices that overwhelmingly push partisan viewpoints. The internet grows increasingly partisan…
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Habeas Corpus
A Textual Argument for Challenging Conditions of Confinement Under Habeas
As the COVID-19 pandemic has spread through prisons, jails, and other detention facilities in the United States, it has brought new attention to a decades-old issue of whether challenges to…
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Federal Courts
Private Attorneys General and the Defendant Class Action
In 2021, Texas enacted a new antiabortion law. The law,…