Volume 102
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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 -
ArticleVol. 102 · Iss. 4
The Invention Myth
Patent law is, at its heart, all about the invention. Determining who qualifies as an inventor defines who controls the exclusory right conferred by…
Sean B. Seymore -
ArticleVol. 102 · Iss. 4
A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation…
Sam J. Merchant -
ArticleVol. 102 · Iss. 4
AI’s Hippocratic Oath
Diagnosing diseases, creating artwork, offering companionship, analyzing data, and securing our infrastructure—artificial intelligence (“AI”) does it all. But it does not always do it…
Chinmayi Sharma -
ArticleVol. 102 · Iss. 4
The Future of Jurisdiction
A new paradigm for conceptualizing the doctrine of personal jurisdiction is long overdue. In the nineteenth century, the U.S. Supreme Court established a firm…
Paul Schiff Berman -
CommentaryVol. 102 · Iss. 4
The 14th Circuit
2025 will mark the fifteenth anniversary of Professor Stephen Legomsky’s landmark article proposing “radical surgery” on American immigration adjudication. Professor Legomsky argued for creating…
Jayanth K. Krishnan -
NoteVol. 102 · Iss. 4
Toward a Modernized Fair Use Standard for Parody: Harmonizing Campbell v. Acuff-Rose Music, Inc. with Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
On a black box stage, women donning beanies imbibe cans of hard seltzer at a slumber party. A few moments later, a crowd of…
Maria Crusey -
NoteVol. 102 · Iss. 4
Taxing Cultural Endowments
On February 5, 2019, the Museum of Modern Art (MoMA) in New York announced that it had received the largest donation in its ninety-year…
Skyler E. Dykes