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Justified: Reasonable Beliefs, True Beliefs, and Self-Defense
A defendant is charged with criminal battery and asserts self-defense at trial. The defense calls witnesses who would testify that, about ten minutes before the fight, the alleged victim said he was going to “find” the defendant and “end him.” But the trial judge excludes the testimony because the…
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A Leaner Way to Lien Personal Property: The Case for Streamlining and Centralizing Judicial Lien Securitization and Perfection on Personal Property
The modern practice of law includes increasingly efficient and centralized manners to alert the world of secured interests in assets, yet securing and perfecting judgment liens in personal property remains entrenched in opaque, historic practices. This Article explores several states’ systems…
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A Matter of Life and Death: Give Me All of Your Money and I'll Give You Healthcare
The Medicaid Estate Recovery Program (MERP) is a federal mandate requiring states to recover costs of long-term care and related services provided to Medicaid beneficiaries from their estates after death. This Article explores the core arguments supporting and opposing MERP, offering a balanced…
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Titletown Madness: Title Insurance Through the Lens of Tribal Jurisdiction and the Lasting Legacy of Allotment
American Property Law and Federal Indian Law have a conjoined history going back to Johnson v. MʻIntosh, 21 U.S. (8 Wheat.) 543 (1823), where the Supreme Court ruled that private citizens could not purchase aboriginal title from Indians. Decades later, the Dawes General Allotment Act of 1887…
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The Boundaries of Law and Politics: Disputes Over Wisconsin's Maps for Political Districts Have a Long History, but the Last Few Years Have Brought Especially Intense Court Battles
Wisconsin’s 2020 redistricting cycle was long, bitterly contested, and subject to dramatic reversals of fortune. Yet perhaps the most unusual feature of the whole process was how it ended in 2024: with a legislative redistricting plan passed by Republican legislators and signed by a Democratic…
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Deep Seabed Mining and the Law of the Sea: Strategic Competition, Institutional Failure, and the Third Age
Edited and annotated speech by Michael Lodge, former Secretary-General of the International Seabed Authority (2017–2024), delivered at the U.S. Naval War College, Newport, Rhode Island, on March 11, 2026.
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Can We Talk—Really Talk—About Critical Race Theory? What a Game for All Ages Can Teach Us
This essay may shock many readers. What it tries to do is look more closely than usual at the underpinnings of American racial discourse in the hope of leaving its readers, by its end, more willing than before to speak openly and listen carefully to people who disagree with them on the fraught…
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Eulogy for Daniel Subotnik דניאל עזרא בן אליעזר ואהובה DIED–MARCH 8 / 29 ADAR 1, 57
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Rescued Before He Was Born – Dan Subotnik’s Journey In Utero Out of Nazi-Occupied Europe
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