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smilliganlawreview
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CommentaryVol. 98 · Iss. 5
Period Poverty in a Pandemic: Harnessing Law to Achieve Menstrual Equity
Period poverty is not new, but it has become more visible during the COVID-19 crisis. Worldwide, menstruation has long caused marginalization and vulnerability for many. The…
Bridget J. Crawford & Emily Gold Waldman -
NoteVol. 98 · Iss. 5
“Extraordinary and Compelling” Circumstances: Revisiting the Role of Compassionate Release in the Federal Criminal Justice System in the Wake of the First Step Act
This Note considers the constitutional implications and policy concerns arising from the updated compassionate release mechanism. Part I of this Note traces the statutory development of…
Siobhan O'Carroll -
NoteVol. 98 · Iss. 5
Back to Bankruptcy’s Equitable Roots: Recalibrate the Dischargeability of Student Loans Through a Modified Eighth Circuit Approach
This Note examines the bankruptcy courts’ attempt to satisfy the Undue Hardship Exception through the application of these four judicial tests. Through an analysis of each…
Terry Ha -
ArticleVol. 98 · Iss. 5
Negative-Value Property
Ownership is commonly regarded as a powerful tool for environmental protection and an essential solution to the tragedy of the commons. But conventional property analysis downplays…
Bruce Huber -
ArticleVol. 98 · Iss. 5
Drugs, Patents, and Well-Being
The ultimate end of patent law should be to spur innovations that improve human welfare—innovations that make people better off. But firms will only invest resources…
Christopher Buccafuso & Jonathan Masur -
ArticleVol. 98 · Iss. 5
Pleading the Fifth in Immigration Court: A Regulatory Proposal
Protections of noncitizens’ rights in immigration removal proceedings have remained minimal even as immigration enforcement has exponentially increased. An overlooked, but commonplace, problem in immigration court is…
Tania Valdez -
NoteVol. 98 · Iss. 4
Getting Into Court When Data Has Gotten Out: A Two-Part Framework
Part I of this Note will examine the history of the FCRA, the basics of Article III standing, and its applications to intangible harms and…
Alyssa Aubuchon -
ArticleVol. 98 · Iss. 4
Racial Transition
The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of…
Yuvraj Joshi -
ArticleVol. 98 · Iss. 4
Miscarriage, Stillbirth, & Reproductive Justice
Each year in the United States, millions of women’s pregnancies end not with the birth of a living child, but in miscarriage or with the…
Jill Wieber Lens -
CommentaryVol. 98 · Iss. 4
Considering the Private Animal and Damages
Since 2018, private law damages claims seeking to place animals in the role of plaintiffs have––in dramatic fashion––moved from academic debate to high-profile litigation. Focusing on…
Richard L. Cupp, Jr. -
NoteVol. 98 · Iss. 4
Reimagining the “Team Four Plan” With an Eye Toward Community Collaboration and Private Capital
This Note seeks to explore the historical underpinnings of the Team Four Plan by considering St. Louis’s dramatic economic decline alongside a citywide panic regarding the fate…
Morgan Seim -
ArticleVol. 98 · Iss. 4
Delegating National Security
Conservative scholars and a Supreme Court majority support reviving the nondelegation doctrine as a way to downsize the administrative state. But proposals from these scholars and…
Robert Knowles