Judging the Judgement Rule: The Case for Regulating the Use of Museum Deaccessioning
Museums occupy a unique space as charitable organizations that hold their art collections in trust for the public benefit. While… Continue reading →
2026
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“A Whole New Ideology”: The Right to Humane Treatment and the Louisiana Constitution of 1974
Louisiana’s 1974 Constitution represented a landmark expansion of constitutional rights in a state marred by a legacy of racial subordination… Continue reading →
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Procedure, Substance, and Judge Shopping
Every litigant forum shops. Plaintiffs sue where they think they’ll get the best outcome. Defendants can challenge that choice in… Continue reading →
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Making the Party Presentation Principle Safe for Originalism
The Supreme Court sometimes adheres to what it now calls the “party presentation principle”—terminology that dates back to 2008. Although… Continue reading →
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Bigger than TikTok: Foreign State-Owned Enterprises and the First Amendment
In 2024, President Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act, which bans from the United States… Continue reading →
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University Scholarships in the Shadow of SFFA
This Comment examines the legal vulnerability of race-conscious university scholarship programs following the Supreme Court’s landmark 2023 decision in Students… Continue reading →
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Post-Neoliberal Housing Policy
For the last half-century, housing policy debates and proposals have been dominated by neoliberal, market-based ideas. But after decades of… Continue reading →
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The Sexual Harassment Silo
The #MeToo movement exposed the pervasiveness of sexual harassment in employment and made clear that legal remedies were sorely lacking.… Continue reading →
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The Ambitions of History and Tradition in and Beyond the Second Amendment
This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts… Continue reading →
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Defending the Bankrupt Castle
Every year, hundreds of thousands of Americans file for Chapter 7 bankruptcy. In each case, the U.S. Department of Justice… Continue reading →