Issue 5
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ArticleVol. 102 · Iss. 5
Woke-Washing at Work
In the modern era, corporate marketing and branding processes frequently encompass a public commitment to progressive social causes favored by a firm’s base of…
Peggie Smith & Marion Crain -
ArticleVol. 102 · Iss. 5
Prosecutorial Reform and The Myth of Individualized Enforcement
A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders…
Justin Murray -
ArticleVol. 102 · Iss. 5
Accidental Arbitration
The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. This…
David Horton -
ArticleVol. 102 · Iss. 5
Judicial Imperialism: The Supreme Court’s Assault on Tribal Sovereignty and the Rule of Law
The post-1970s Supreme Court has abandoned precedents supporting tribal self-governance and devised new theories to strip tribes of sovereign powers. The Supreme Court’s assault…
Adam Crepelle -
CommentaryVol. 102 · Iss. 5
Grants Pass and the Pathology of the Criminal Law
Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping in public, even for people who have no…
Ben A. McJunkin -
NoteVol. 102 · Iss. 5
Varying Scrutiny and Constitutional Incompatibility in New York Mortgage Law
Home ownership is inextricably tied with the fulfillment of the American Dream. Reaching this lofty goal entails a tantamount commitment: Mortgages are on average…
David Dill -
NoteVol. 102 · Iss. 5
Crystal Courts and Muddy Waters: Wetland Regulation in a Post-Sackett World
In Sackett v. EPA, the Supreme Court held that the EPA lacks jurisdiction under the Clean Water Act to regulate wetlands, unless those wetlands…
Andrew R. Hilty