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Unlucky Chapter 13
As a social program for individual debtors dealing with financial upheaval, Chapter 13 of the federal Bankruptcy Code is a failure and has been from its inception nearly 90 years ago. It is overly complex, internally inconsistent, and the product of congressional schizophrenia. There is no…
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Students Shouting Louder Than School Bells: An Analysis Exposing Anti-Youth Rationales in Federal Courts
In a paradigm-shifting departure from conventional First Amendment analysis, this study is the first empirical examination of First Amendment rights, spanning every level of the federal judiciary, for students in public schools. Departing from conventional narratives, our scholarship examines how…
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Faster than the Speed of Law: Data Privacy and Judicial Deference in Matters of Technological Development and Social Media
Judge Richard Posner, formerly of the Seventh Circuit, once wrote, “the courtroom is not the place for scientific guesswork, even of the inspired sort. Law lags science; it does not lead it.” The particular occasion for this maxim was a case in which Judge Posner disregarded the testimony of an…
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No Thanks, Just Looking: A Post-TransUnion Analysis of Session-Replay Surveillance and Historical Privacy Harms
The constitutional doctrine of standing serves as a gateway to the federal courthouse, filtering out claims that lack a personal, concrete stake in the outcome. In privacy litigation, the alleged injuries may feel deeply personal but are often intangible and statutory. Amidst this tension, the…
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The Price Is Right . . . Or Is It?: Thirteen Factors in Evaluating the Antitrust Implications of Competitors’ Common Use of Pricing Algorithms
Imagine a ridesharing application that uses an algorithm to calculate and suggest the fares their drivers can set. If each driver in the area sets their fares at the algorithm’s suggested price, have they done so because there’s an illicit agreement to set artificially high prices? Or have they…
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Discipline with Due Process: Constitutional Safeguards for Student Speech After Plaintiff A
When fifteen-year-old Louie posted a TikTok video criticizing his school’s disciplinary policies from his bedroom, he faced a month-long suspension despite having no notice of which policies he had violated. Across the country, Kaitlin shared a Snapchat criticizing her chemistry teacher with…
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Unreasonable Accommodations: Staple v. School Board of Broward County and the Case for the Interactive Process in Title VII Accommodations
When Congress enacted the Americans with Disabilities Act (ADA) in 1990, it envisioned a unique dispute resolution mechanism within the statute—the interactive process. Under this process, when an employee requests an accommodation from an employer, the two must “work together to assess whether an…
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The Trump Administration’s Racial Dragnet: Immigration Enforcement in Los Angeles
President Trump’s mass deportation campaign selected as one of its early targets Los Angeles, California, and its large Latina/o community. Comprising roughly half of the city’s population, Latina/os are being stopped, questioned, and rounded up by roving Immigration and Customs Enforcement (ICE)…
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Re-Rethinking Asian Exclusion and Color-Blind Immigration
During Reconstruction, as Congress debated the place of African-Americans in U.S. society, it evaluated how the principles it articulated would apply to Chinese-Americans. Rather than adopting a race-neutral jurisprudence, it began identifying the ways in which the law could be deployed to deny…
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Incapacitating the Immigration Courts
Amidst the dizzying array of developments taking place under the banner of mass deportation, the second Trump Administration is engaged in a sustained effort to fundamentally transform the country’s immigration courts by incapacitating them. Although the immigration courts have long been the…
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The New Assault on Plyler v. Doe
The second Trump Administration has disregarded a history of bipartisan support in avoiding immigration enforcement actions in schools. Certain states have acted to further target children at school—advancing measures to exclude many from public education based on immigration status. While the…
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Second-Class Asylum, Third-Country Danger
The Trump Administration has aggressively pursued a policy of deporting people who have been found to be in danger of persecution or torture in their countries of origin to third countries. It has primarily impacted people who have two types of what may be called second-class asylum, namely…
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What Constitution? The Dual State Theory in Immigration Law & Practice
Immigration law in the second Trump Administration has created profound disorientation and dissonance, where some legal matters proceed in largely familiar ways, and others seem to occur in an entirely new dimension. This Article avails itself of Ernst Fraenkel’s Dual State theory to examine this…
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Managing Deportation: How Docket Control Replaced Substantive Relief in Immigration Courts
In the modern deportation era, immigration courts saw their ability to grant relief from deportation undergo significant restrictions, constraining individualized discretion in favor of "categorical" denials. Congress dramatically curtailed the discretionary tools available to immigration judges…
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