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Volume 106 - Fall Issue

Civil Disobedience in the Face of Texas’s Abortion Ban

By Alexi Pfeffer-Gillett. Full Text. On September 1, 2021, the Supreme Court refused to block Texas Senate Bill 8 from going into effect, despite the bill overtly banning constitutionally protected access to abortions before fetal viability. The Court reasoned that because the statute only allowed for private plaintiffs—and not government officials—to bring civil lawsuits to…

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Cybersecurity for Idiots

By Derek E. Bambauer. Full Text. Cybersecurity remains a critical issue facing regulators, particularly with the advent of the Internet of Things. General-purpose security regulators such as the Federal Trade Commission continually struggle with limited resources and information in their oversight. This Essay contends that a new approach to cybersecurity modeled on the negligence per…

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The Federal Arbitration Act, Rules of Decision, and Congress’ Exercise of Judicial Power

By Anthony J. Meyer. Full Text.  Long before this Article’s germination, Professor David Schwartz quipped that the Federal Arbitration Act (FAA) “is unconstitutional . . . and no one has noticed.” The observation is both delightfully sardonic and—for a variety of reasons, including those expounded in this Article—true. Professor Schwartz asserts a brilliantly creative thesis…

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Voigt Deference: Deferring to a State Agency’s Interpretation of a Federal Regulation

By Justin W. Aimonetti. Full Text. A federal court will sometimes defer to a federal agency’s interpretation of a federal regulation. But conventional wisdom suggests that federal courts review with fresh eyes state agencies’ interpretations of the same. This Essay suggests a different approach—one called Voigt deference named after a recent Eighth Circuit decision—and one…

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Everything’s at Stake: Preserving Authority to Prevent Gun Violence in the Second Amendment’s Third Chapter

By Jonathan E. Lowy, Christa Nicols, & Kelly Sampson. Full Text. In New York State Rifle and Pistol Association (“NYSRPA”) v. Bruen, the U.S. Supreme Court will decide to what extent New York (or any state) can restrict carrying concealed handguns in public. “Gun rights” advocates seek to establish a sweeping interpretation of the Second Amendment,…

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Extending Pandemic Flexibilities for Opioid Use Disorder Treatment: Authorities and Methods

By Bridget C.E. Dooling & Laura Stanley. Full Text. This Essay evaluates two specific flexibilities granted during the COVID-19 pandemic that made it easier for patients to access buprenorphine and methadone. First, the Drug Enforcement Administration (DEA) allowed practitioners to prescribe buprenorphine using telemedicine without first conducting an in-person medical exam. Second, the Substance Abuse…

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Searching for Law in All the Wrong Places

By Evan C. Zoldan. Full Text. In The Corpus and the Critics, Lee & Mouritsen reaffirm their commitment to interpreting legal language using corpus linguistics techniques. Importantly, they also acknowledge that it is not always appropriate to search for the meaning of statutory language in a general corpus—that is, a corpus that includes a variety…

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The Banality of Law Journal Rejections

By Noah C. Chauvin. Full Text. In the spring of 2021, I received two rejection messages from journals I had submitted an article to; the messages came seven minutes apart. Nothing about that experience was remarkable, except that the two messages (with the exception of the names of the journals) were identical. That prompted this…

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