Author
Kate Valeriote
Posts
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ArticleVol. 103 · Iss. 3
Consumer Agents
In the twenty-first-century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would…
Rory Van Loo -
ArticleVol. 103 · Iss. 3
“Original History” and the Free Exercise Case for Religious Charter Schools
Only rarely is it publicly known which Supreme Court Justice holds the decisive vote on a blockbuster issue because the other eight have already…
Aaron Tang & Ethan Hutt -
ArticleVol. 103 · Iss. 3
The Surveillance of System-Adjacent Individuals
Although the Fourth Amendment protects against “unreasonable searches and seizures,” this right is not enjoyed by all people equally. Supreme Court jurisprudence has curtailed…
Mariam A. Hinds -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
Online2026
Land-Grant Universities
In their groundbreaking High Country News article on “land-grab universities,” Robert Lee and Tristian Ahtone argue that Congress’s 1862 Morrill Act, which famously granted…
Michael Banerjee -
Online2026
A Stage with Three Kings: EdTech, Sovereignty, and the Future of Transatlantic Data Law
The landmark Microsoft Ireland case highlights the limits of U.S. law enforcement authority to compel access to data stored abroad during criminal investigations. In…
Qifan Zhang -
Online2025
The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Right
Three relatively recent appellate opinions—McCoy v. ATF, National Rifle Ass’n v. Bondi, and Rocky Mountain Gun Owners v. Polis—upheld modern restrictions on 18-to-20-year-old adults’…
George A. Mocsary -
NoteVol. 103 · Iss. 2
Texas and “DExits”: Can the Texas Business Courts Drive Delaware’s Downfall?
Texas’s freshly minted business courts offer significant and unique incentives for businesses to incorporate in the state. However, it remains to be seen whether…
Katherine M. O'Quinn -
NoteVol. 103 · Iss. 2
The Evolution of Standing and the Need for Foundational Realism: A Historical Inquiry from Hayburn to Harvard
This Note traces the Supreme Court’s evolving approach to standing—from the early, unresolved procedural issues raised in Hayburn’s Case to today’s pivotal decisions, such…
Elliot A. Mermel -
CommentaryVol. 103 · Iss. 2
Whose Children?
Recent debates surrounding transgender children and the rights of their parents reveal a troubling development. When addressing state restrictions on vital medical care for…
William J. Aceves -
ArticleVol. 103 · Iss. 2
Constitutional Private Law
Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a…
E. Garrett West -
ArticleVol. 103 · Iss. 2
Notice Pleading’s Quiet Return
Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft…
Alexander A. Reinert