Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help
By Christiana Ochoa, Kacey Cook, and Hanna Weil. Full Text. Rural communities in every windblown and sun-drenched region of the United States are enmeshed in legal, political, and social conflicts related to the country’s rapid transition to renewable energy. Organized local opposition has foreclosed millions of acres from renewable energy development, impeding national and state-level…
Continue ReadingThe Old Hand Problem
By Xiao Wang. Full Text. Senior status is a special form of retirement for federal judges. When a judge takes senior status, they open a vacancy on their court, yet continue to hear and decide cases. Most active judges today eventually go senior. Yet many do not do so the very moment they become eligible.…
Continue ReadingWhy Are There So Many Taxes?: Teleworking and the Multiple Taxation Dilemma—Time to Standardize and Apportion
By Xiaoyuan Zhou. Full Text. Due in large part to the COVID-19 pandemic, remote teleworking has become the new norm for many professions. This dramatic shift in the workforce has raised serious tax concerns, and it has caused double taxation troubles for millions of remote workers. The fallout from COVID-19 continues to have a significant…
Continue ReadingMinimum Deadly Contacts
By Jesse Noltimier. Full Text. Domestic violence is a national epidemic. Roughly one in three women will experience some form of domestic violence during their lifetime. Women are also seventy times more likely to be killed in the two weeks after leaving their intimate partner than at any other time during their relationship. Thus, it…
Continue ReadingSay It Ain’t Roe: Dobbs and Reason Bans Are Trojan Horses for the Down Syndrome Community
By Calvin Lee. Full Text. In recent times, one of the most in vogue methods for curtailing abortion rights has been through the enactment of “reason bans,” statutes precluding abortions if the procedure is being sought due to the sex, race, or potential genetic abnormality of the fetus. This Note focuses on the contemporary litigation…
Continue ReadingNonexclusive Functions and Separation of Powers Law
By Ilan Wurman. Full Text. The Constitution’s text, structure, and history suggest that some governmental functions strictly and exclusively appertain to a particular branch, and to the exercise of a single vested power. Many governmental functions, however, are nonexclusive: their exercise has some combination of legislative, executive, and judicial characteristics and, as a result, can…
Continue ReadingBrady Lists
By Rachel Moran. Full Text. Brady lists, named after the Supreme Court’s 1963 decision Brady v. Maryland, are lists some prosecutors maintain of law enforcement officers with histories of misconduct that could impact the officers’ credibility. The lists serve as tools for prosecutors to track officer misconduct and disclose that information to defense counsel where…
Continue ReadingEssential Property
By Timothy M. Mulvaney and Joseph William Singer. Full Text. For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through…
Continue ReadingHow the Liberal First Amendment Under-Protects Democracy
By Tabatha Abu El-Haj. Full Text. This Article advances a distinct theoretical account of the First Amendment that stresses its role as the underwriter of a republican form of government. Predicated on a more accurate description of the processes of self-governance, the advanced theory delivers a construction of the First Amendment that actually protects democracy…
Continue ReadingHandling the Mayo Powder Keg: Emphasizing Preemption in § 101 Biotechnology Inquiries
By Zachary M. Robole. Full Text. To incite a jury’s emotions, attorneys have stated that the “clear and convincing” evidentiary standard required to invalidate a patent is the same standard of proof required to justify taking a child away from a parent. Although such statements are likely an evidentiary rule violation, the point is illustrative…
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