Volume 98
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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. 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 -
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 -
ArticleVol. 98 · Iss. 4
Police Prosecutions and Punitive Instincts
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions…
Kate Levine -
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
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 -
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. 3
Economic Regulation and Rural America
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been “left behind.” The…
Ann M. Eisenberg -
ArticleVol. 98 · Iss. 3
Active Virtues
Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy.…
Michael D. Gilbert & Mauricio A. Guim -
ArticleVol. 98 · Iss. 3
Democratizing Rule Development
Agencies make many of their most important decisions in rulemaking well before the publication of a Notice of Proposed Rulemaking (NPRM), when they set…
Michael Sant’Ambrogio & Glen Staszewski