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smilliganlawreview
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ArticleVol. 96 · Iss. 2
Patents and the First Amendment
Patents are intended as a means of promoting innovation through private pecuniary incentives. But the patent system has for some time been on a…
Dan L. Burk -
NoteVol. 96 · Iss. 1
No Pay for Sexist Performance: How Gender Disparities in Healthcare Hurt Hospitals’ Pay for Performance Reimbursements
Gender disparities and discrimination in healthcare treatment are vast. Women in pain are deemed hysterical, heart attacks in women are caught less frequently than…
Emily C. Bartlett -
NoteVol. 96 · Iss. 1
Mahr Provisions and the Case for Shari’a Arbitration
The global Muslim population is currently estimated at 1.8 billion people, comprising twenty-four percent of the total global population. The United States alone is…
Cora Allen -
ArticleVol. 96 · Iss. 1
Evolved Standards, Evolving Justices? The Case for a Broader Application of the Eighth Amendment
In its Eighth Amendment cases, the Supreme Court has often cited counter-majoritarian considerations as the basis for exercising judicial restraint. As a result, excessive…
William W. Berry -
ArticleVol. 96 · Iss. 1
Law and the Epistemology of Disagreements
This Article identifies a discrepancy between law and epistemology and proposes a way to fix it. Our legal system relies on decisions of multimember…
Alex Stein -
ArticleVol. 96 · Iss. 1
Balancing the Conspiracy’s Books: Inter-Competitor Sales and Price-Fixing Cartels
Price fixing is antithetical to a free-market economy. Competitive markets supply goods and services to consumers at the lowest efficient prices. Unfortunately, many businesses…
Christopher R. Leslie -
ArticleVol. 97 · Iss. 6
Reconsidering Hostile Takeover of Religious Organizations
Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. What…
B. Jessie Hill -
ArticleVol. 97 · Iss. 6
‘The Peculiar Genius of Private-Law Systems’: Making Room for Religious Commerce
Religious commerce has long sat uncomfortably at the nexus of public law and private law. On the one hand, such transactions invariably have garden-variety commercial objectives,…
Michael A. Helfand -
ArticleVol. 97 · Iss. 6
What Is a “Substantial Burden” on Religion Under RFRA and the First Amendment?
What is the meaning of a “substantial burden” on religion under the federal Religious Freedom Restoration Act (and its state-level equivalents)? This question is timelier than…
Gabrielle M. Girgis -
ArticleVol. 97 · Iss. 6
Crossing Doctrines: Conflating Standing and the Merits Under the Establishment Clause
In American Legion v. American Humanist Ass’n, the Supreme Court upheld the constitutionality of a thirty-two-foot tall Latin cross honoring soldiers killed during World War I…
Ashutosh Bhagwat -
ArticleVol. 97 · Iss. 6
Untangling Entanglement
The Court has increasingly signaled its interest in taking a more historical approach to the Establishment Clause. And in its recent American Legion decision, the Supreme…
Stephanie H. Barclay -
ArticleVol. 97 · Iss. 6
Reconsidering Thornton v. Caldor
Thirty-five years ago, the United States Supreme Court decided Estate of Thornton v. Caldor. Caldor struck down, on Establishment Clause grounds, a Connecticut statute…
Christopher C. Lund