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Revocation Reconsidered: Probation Advocacy Through a Litigation Lens
Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process…
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Scaling Sustainable Propellants to Address Rocket Emissions: Lessons From the U.S. Aviation Industry
The rapid growth of the U.S. commercial space industry has exposed a profound regulatory gap in addressing rocket emissions. By releasing greenhouse gases and particulates like black carbon, alumina, and water vapor, rocket launches not only contribute to climate change but also accelerate…
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Lunch Shaming and the Right to Privacy
Lunch shaming is the practice of penalizing students who cannot afford to pay for their meals, resulting in them being denied food, served alternative meals, or publicly identified. The origins of lunch shaming can be traced to the financial pressures faced by school districts that struggle to…
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Coerced Corporate Consent
Corporations are not human beings, but they have rights, including the constitutional right of due process. The United States Supreme Court recently held in Mallory v. Norfolk Southern Railway Co. that due process is satisfied when a state requires that a corporation consent to personal…
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Litigating the "Forever Chemical" Problem Through the Endangered Species Act
Per- and polyfluoroalkyl substances (PFAS), a class of man-made, resiliently bonded chemicals, cause harm to both humans and animals. These “forever chemicals” can compromise immunity, increase cancer risks, and cause reproductive harm. Addressing the harms caused by PFAS variants is crucial to…
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Reframing the SEC’s Disqualification Waiver Decision-Making Process To Protect the Public Interest
Federal securities law aims to protect investors and the public from fraudulent securities transactions. If an actor violates these laws, the public bears the costs through investor losses, market volatility, reduced economic activity and growth, and general distrust in the market. Entities that…
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Free Speech, the University, and the Wrong Turn in the Road
(Excerpt) I introduce this Article by examining the present state of campus free speech policy and politics. I pose questions raised by the demonstrations that erupted in the wake of the war between Israeli and Iranian proxies on October 7, 2023. I then present a skeletal model of the liberal…
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Diversity is More Than Non-Discrimination: Groupthink in Higher Education
(Excerpt) In this Article, we seek to advance three claims. First, intellectual diversity is an essential bulwark against groupthink. Second, conflating intellectual diversity and non-discrimination undermines both concepts. Third, intellectual diversity should be pursued for its own sake and…
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The First Amendment, Student Protest on Campus and the Law
(Excerpt) After a brief background on the history of student protest and free expression, this Article examines campus speech policies developed in response to student protests in the 1960s, and present examples of how these codes and regulations recently have been reviewed and revised in light of…
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Lawyers’, Law Professors’ and Law Students’ Free Speech: The Rule of Law, Civility, and Informed Engagement
(Excerpt) The Article is organized as follows. Part I summarizes the traditional doctrine governing lawyers’ free speech, as well as the related doctrines of free speech, academic freedom, and tenure on college campuses. Part II explores twenty-first century developments that have thrown these old…
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“The Color Question in the Supreme Court”: Black, White, and Red in United States v. Perryman
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