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Valentine Act and Sherman Act: Separate and Distinct Antitrust Regimes
The Ohio Supreme Court has held that the Valentine Act was patterned after the Sherman Act and should be interpreted in light of federal court interpretations of the Sherman Act. The Court was wrong, and its error persists. With the exception of a private right of action provision and a borrowed…
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The Fallacies of Originalism: Why Treating History and Tradition Alone as Dispositive Is Not Superior to the Tiers of Scrutiny
The goal of this Article is to develop the current history and tradition standard. I argue that the Bruen use of history and tradition is not a more principled or better way of interpreting the Constitution than the infamous tiers of scrutiny. This argument is supported by analyzing the way the…
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The Second Amendment, Illegal Aliens, and the Bruen Test: Defending the Constitutionality of 18 U.S.C. § 922(G)(5)
This Note examines the constitutionality of 18 U.S.C. § 922(g)(5), which prohibits unlawful aliens from possessing firearms, under the Supreme Court’s text-and-history framework announced in New York State Rifle & Pistol Ass’n, Inc. v. Bruen and developed further in United States v. Rahimi. In the…
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The Taxing Ambiguity: Defining "Return" in Bankruptcy Dischargeability Cases
This Note examines the circuit split over the dischargeability of tax debts tied to late-filed returns, which has led to inconsistent bankruptcy outcomes and inequitable treatment of debtors across jurisdictions. Some courts, adopting the strict “one-day-late” rule, hold that any tax return filed…
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Decentralized, But Not Above the Law: Analyzing DAO Governance and Regulation
Decentralized autonomous organizations (DAOs) are transforming how people collaborate and manage collective ventures, yet the law has lagged behind this innovative form of organization. Because DAOs rely on smart contracts rather than conventional organizational infrastructure, it is often unclear…
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The Second Amendment Right to Bear Arms, or Lack Thereof: Assessing the Prohibition of Unlawful Immigrants from Possessing Firearms
This Note looks at the hot button issue of whether unlawful immigrants should have the constitutional right to bear arms. Thus far, the Circuit Courts have come to different conclusions which require the input of the United States Supreme Court. Although intertwined with political views, this Note…
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Algorithmic Chopin—Musical Authorship in the Age of Artificial Intelligence
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From Copper to Ashes: Violations of the Right to a Healthy Environment and Health in Tsumeb, Namibia
The rights to a healthy environment and health are not new human rights to the African System for Human and Peoples’ Rights. In fact, they have been protected under the African Charter on Human and People’s Rights since 1981. However, outside of the established normative framework, a pressing issue…
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Everything the Light Touches is Not Your Kingdom: Understanding the Statutory Silence in the Antiquities Act to Restrict Presidential Power
There is no greater threat to our public lands than energy dominance. The 1906 Antiquities Act gave presidents the power to proclaim national monuments on public lands, and today the federal government protects over 11 million acres as national monuments. President Trump plans to revoke and shrink…
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Rights of Nature: An Argument for Judicial Economy
Tracing the evolution of the “rights of nature” movement from Indigenous law and early environmental ethics to modern global applications, this article reframes the debate around codification of legal rights for nature from moral theory to legal efficiency, arguing that the United States implicitly…
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Protection Forests: Intersections of Law and Science
The national forests of the eastern United States are where and what they are today based in good part on a mistake. When they were being acquired and established in the early twentieth century, hydrology was in its infancy. Yet many hydrologists and their students in government were promising that…
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Fluid Geographies: Water, Science, and Settler Colonialism in New Mexico
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A Theory of Major Questions
The major questions doctrine has been fiercely criticized as an example of the Supreme Court’s “imperial” turn where it concentrates ever more power in its own hands. The doctrine is sweeping, vague, and lacks a clear justification. Not only does the Court get to decide when the doctrine applies…
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