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Criminalizing Curation
This Article surfaces emerging threats to artistic expression posed by the Dost test, which outlines six factors for interpreting a “lascivious exhibition of the genitals” under federal and many state child pornography laws. It argues that the present state of American politics has eroded normative…
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The Constitutional Penumbras of Home Rights
Justice William Douglas’s famous parable in Griswold v. Connecticut argued that the Bill of Rights contains penumbras—implied zones of privacy protections— that emanate from the First, Third, Fourth, and Fifth Amendments. His penumbral conception of privacy rights has sparked extensive debate among…
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Locked and Unloaded: The Constitutional and Empirical Case for Firearm Safe Storage Advisories
Constitutional law haunts our efforts to reduce the number of firearm deaths each year. But even with the evolving scope of individual rights, sensible regulation remains possible. This Article proposes one such regulatory tool. State governments legally can and pragmatically should require firearm…
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The Constitutional Future of Trademark Tarnishment
This Article is the first to examine whether trademark anti-tarnishment laws should be deemed constitutional after the Supreme Court’s 2024 decision in Vidal v. Elster. Anti-tarnishment laws protect famous brands from uses that could damage their reputation, even when consumers are not confused…
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Freedom at the Polls: Guns, Speech, and the Right to Vote
Part I of this Note provides a brief overview of current firearm prohibitions at polling locations and examines the legislative justifications for these restrictions. Recently, an increasing number of states have enacted firearm prohibitions as a prophylactic measure against voter intimidation and…
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The End of the List: Constructive Waiver of the Right to Counsel in Virginia
This Note will first give a general background on the right to counsel in the United States that stems from the Sixth Amendment of the U.S. Constitution, with a focus on the right as applied in the Commonwealth of Virginia. A brief examination of the specific Virginia Code section that is relevant…
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The Decision of the Inter-American Court of Human Rights in the Case of Angulo Losada V. Bolivia: A Catalyst for the Rights of Girls and Victims of Sexual Violence
The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Boliviaon November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of…
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Regulating Drone Delivery Networks
For over a decade, drone delivery has been heralded as the next frontier of commercial transportation and logistics. However, drone delivery companies have been unable to scale their operations. Part of the problem, from the perspective of the companies invested in drone delivery, were federal…
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Diversity Regulations for Clinical Trials & the Underrepresentation of Native American Women
The exclusion of women and racial minorities from research currently compromises the generalizability of findings. Native American women, are particularly underrepresented in clinical trials due to the complicated history between Native American health and the US government. Congress, the NIH, and…
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Uninformed Consent: Legal Failures in the Treatment of Female Patients
Surgeries are a common practice globally, with 51.4 million procedures performed in the United States alone. [1] Going in for a procedure typically has a variety of risks involved such as shock, wound infection, or a bad reaction to anesthesia. [2] However, a risk no patient should have to consider…
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Beyond Equality to Belonging: The Missing Value in Equal Protection Law Involving Education
Belonging is a fundamental need without which people cannot function optimally. Accordingly, school belonging—students’ perceptions of mattering or feeling cared about, accepted, respected and valued by faculty, staff, and peers—impacts students’ well-being, academic motivation and outcomes. Equal…
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The Offshore Origins of Regulatory Arbitrage
Especially since the 2007–08 financial crisis, commentators have seized on the term “regulatory arbitrage” to describe a sprawling range of strategic compliance behavior spanning diverse sectors of the contemporary economy. Despite the term’s prevalence, there is scant agreement on the scope of…
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Liberty in Death? An Analysis of the Ethics and Laws Regarding Physician-Assisted Suicide
I seek to analyze physician-assisted suicide with the following two goals in mind: (1) Evaluating how ethical and legal arguments surrounding suicide developed throughout history and how they inform our understanding today; (2) What a regulatory scheme governing physician-assisted suicide looks…
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Religion Recovers Its History: The Court Puts the Establishment Clause on a New Path
For over a half-century, the First Amendment Establishment Clause jurisprudence was in disarray. Judicial decisions more often stemmed from social and cultural presumptions than from constitutional history. For years, if not decades, Supreme Court observers waited for a clarifying opinion on this…
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Build, Baby, Build: Federal Takings for Affordable Homes
The private housing market in the U.S. fails to produce sufficient affordable housing for the people who need it. Even middle-income Americans are stretched to buy or rent. If local and state governments cannot respond effectively, may the federal government simply use eminent domain to build…
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DeepSeek and the First Amendment: Assessing the Eighth Circuit and Missouri’s Legal Impact on Open-Source AI
The rise of open-source generative artificial intelligence (AI) models presents new challenges for First Amendment jurisprudence. Although computer code has been recognized as protected speech, the emergent nature of AI-generated outputs complicates the boundary between human expression and machine…
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