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A Commemoration: 75th Anniversary of the Catholic University Law Review
This essay celebrates the 75th Anniversary of the Catholic University Law Review. A retrospective of the law review’s first 50 years (1950-2000) was published in volume 50 by Professor Ralph Rohner. Ralph J. Rohner, The 50th Anniversary of the Catholic University Law Review, 50 Cath. U. L. Rev. 267…
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Between Seminole Rock and a Hard(er) Place: A New(er) Approach to Agency Deference
In Loper Bright Enterprises v. Raimondo, the United States Supreme Court in 2024 overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., ending the Chevron doctrine’s reign as the applicable rule for courts to use in reviewing agency interpretations of their authorizing statute…
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What’s History Without Tradition?
For many decades, the Establishment Clause had been a thorn in the Supreme Court’s side. Indeed, no other constitutional provision in recent memory has provided the Court with more trouble than the Establishment Clause. In its efforts to decide whether government conduct violated the Establishment…
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The Flaws of Bruen and the Principle of the Second Amendment
With a six Justice majority, the Court is more conservative than it has been in ninety years. No time has been wasted as the conservative Justices take aim at legal precedents left over from a more progressive era on the Court. There being no prior test established by the highest Court to review…
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Unleash the “Potential” of the Collective Action Mechanism in FLSA Suits
Congress enacted the Fair Labor Standards Act (FLSA) to provide relief to low-income workers at risk of being taken advantage of by their larger, more sophisticated employer. The FLSA provides a collective action mechanism that allows similarly situated workers to bring suits together against a…
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For What? Resolving the Causation Split for FMLA Retaliation Claims
For over thirty years, the Family and Medical Leave Act (FMLA) has provided working Americans the opportunity to maintain their professional careers while juggling personal and familial health care needs. Like many other employment law statutes, the FMLA prohibits retaliation by employers against…
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Front Matter
Front matter for Volume 124, Issue 5 of Michigan Law Review
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Religious Riders and the Sherman Act
Can corporations engage in anticompetitive behavior on the basis of religious belief? While the answer may seem like an obvious no, in fact this question has largely been overlooked. It has hovered at the margins of the debate over religious exemptions: Proponents of religious exemptions have…
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Courts of Indian Offenses, Courts of Indian Resistance
In the late nineteenth century, the Department of the Interior created the Courts of Indian Offenses with the express goal of eliminating elements of Native culture through the coercive power of criminal law. The courts stood on dubious constitutional grounds, were almost universally replaced by…
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Pornographic Deepfakes and Ugly Social Facts: The Costs of a Normative Approach to Defamation
Around the world, women and girls are being victimized by pornographic deepfakes— alarmingly convincing, sexually exploitative images and videos generated using artificial intelligence (AI). Facing statutory gaps, victims may turn to traditional tort law claims to recover for the injuries inflicted…
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The Stripes of Glory We Wear: Reflections of the Legal Role and Intricacies of Citizenship in the History and Foundation of the Malaysian State
Abstract: The meaning of citizenship in Malaysia is a tale as old as the country itself—a thorny triangular relationship between the state; the Bumiputera majority of Malay and indigenous natives; and the non-Bumiputeras minority of Chinese and Indians who primarily migrated when the region was…
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Do We Really Want Retired U.S. Supreme Court Justices Practicing Law? A Public Policy Critique to U.S.Supreme Court Term Limits
Debate over imposing term limits on U.S. Supreme Court Justices has intensified in recent years, with proposals emphasizing potential benefits for judicial independence, ideological balance, and the confirmation process. Yet, much of the scholarly and political discourse has overlooked a…
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Making Technology Work for Lawyers: What the History of TAR Adoption Can Teach Us About Using Generative AI Well
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"Equitable Takings" and the Limits to Their Normative Foundations
This article constructs the concept of “equitable takings”—a new term of art to describe judicially crafted doctrines or decisions that result in a de facto redistribution of property interests without formal legislative authorization or compensation. It argues that the normative foundations of…
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A Free Speech Dilemma: AI Outputs and the Constitution
In the beginning was a word—then over time, a whole civilization was built on words. Speaking, thinking, and writing have always been inherent aspects of the human experience. Until now. Artificial intelligence machines have hi-jacked words. Through focused training on our words and knowledge, they…
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