Issue 5
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ArticleVol. 101 · Iss. 5
The Debt Limit
Every couple of years, it seems, the debt limit shows up to wreak havoc in American law and public finance. By capping the face…
Conor Clarke -
ArticleVol. 101 · Iss. 5
Digital Rummaging
The digital world encodes our lives with incriminating clues. How you travel, live, love, and shop are tracked through growing surveillance technologies. Police have…
Andrew Guthrie Ferguson -
ArticleVol. 101 · Iss. 5
Anticompetitive Healthcare
American healthcare is known for insufficient competition, high prices, and porous quality. This landscape seems to have not only degraded consumer welfare in general…
Gregory Day -
ArticleVol. 101 · Iss. 5
Opinion Authorship and Precedential Status
The federal courts of appeals have a two-tier system of judicial opinions: “published” and “unpublished.” Published judicial opinions represent binding precedent, whereas unpublished ones…
Nina Varsava -
CommentaryVol. 101 · Iss. 5
When Jurisdiction Stripping Raises Factual Questions
Courts apply a strong presumption in favor of judicial review of government action. When they apply that presumption, they silently presume that they can…
David K. Hausman -
NoteVol. 101 · Iss. 5
Better Good Than Lucky: A Legal Analysis Of Poker As A Skill Game In A Changing Gambling Climate
Economist Steven Levitt likens the game of poker to playing a sport or a musical instrument. Many people from all walks of life enjoy…
Elissa B. Harwood -
NoteVol. 101 · Iss. 5
Tribal Sovereignty & Sovereign Immunity In Bankruptcy
In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. Later that year, Mr. Coughlin filed for bankruptcy and listed his…
Justin Desjardins