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The Antitrust Jurisprudence of Neil Gorsuch
In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth…
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Teschner v. Commissioner, 38 T.C. ... no. 101 (1962)
Teschner v. Commissioner
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Crypto-Influencer Liability
The growth of celebrities endorsing cryptocurrencies over the past few years has resulted in many lawsuits and regulatory actions against them. This Article examines some of these recent actions using Google Trends as well as insights from scholarly marketing literature. We suggest that while…
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“I Plead Ignorance”: Autonomous Weapons and Criminal Liability for Not Knowing the Knowable
This article argues that the unpredictability and unintuitive behavior of modern artificial intelligence provide more opportunities for users of autonomous weapon systems (AWS) to remain ignorant of risks posed by their systems to protected entities on the battlefield, and that this ignorance can…
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Local Rulemaking
Any case heard in a United States federal court must adhere to a set of rules—or rather, a few different sets of rules. Regardless of the subject matter of the suit, the parties (and the judge) must follow the relevant Federal Rules. But that is not all. Parties bringing the case must also comply…
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The End of Means-End Scrutiny
It is black-letter law that courts apply means-end scrutiny to evaluate laws that burden constitutional rights. Not anymore. Discreetly and pervasively, the Supreme Court has ousted means-end scrutiny from constitutional law. It has done so through a series of smaller and seemingly unconnected…
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Supervising the Omnipresent Casino: Evaluating the Role of State and Local Regulation in Stemming Youth Addiction to Sports Gambling
Since 2018, state legalization of sports betting and the industry’s corresponding proliferation has driven an epidemic of youth addiction. Current state legislation and regulations do little to combat youth addiction. Many legal scholars emphasize the value that a federal regulatory regime would…
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The Fourth Amendment’s Failure to Protect Against Mass DNA Collection at the Border
The U.S. government has long surveilled immigrant communities by collecting identifying information, including biometric data. The passage of the DNA Fingerprint Act of 2005 expanded the possible sources of data to include DNA. In 2020, the Trump administration seized on the permissive language of…
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"The Persistent and Muddy Dispute": How the Facial/As-Applied Distinction Creates Problems for Constitutional Litigants
The distinction between facial and as-applied challenges continues to play a central role in constitutional litigation, including at the Supreme Court. Yet, the distinction and its related rules have long suffered from a lack of doctrinal clarity and consistency. This Note sets out a descriptive…
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Artificial Intelligence in the Prosecution of International Crimes
International criminal prosecutions face growing evidentiary challenges due to the vast and heterogeneous digital material generated during conflicts, including user-generated videos, social media, and intercepted communications. This article examines the potential role of artificial intelligence…
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Take it to the Court: The Legal Tightrope of the NBA’s Promise of Players
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Winner, Best Appellate Brief in the 2024 Native American Law Student Association Moot Court Competition
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