Print Issue Volume 99 - Issue 1

Note: The Separate Spheres Ideology: An Improved Empirical and Litigation Approach to Family Responsibilities Discrimination

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Note: A Manageable Solution with Meaningful Results: Illuminating IRS Enforcement of § 501(c)(3)’s Prohibition on Political Intervention

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A Conversation Between Justice Ruth Bader Ginsburg and Professor Robert A. Stein

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A Corporate Right to Privacy

The debate over the scope of constitutional protections for corporations has exploded with commentary on recent or pending Supreme Court cases, but scholars have left unexplored some of the hardest questions for the future, and the ones that offer the greatest potential for better understanding the nature of corporate rights. This Article analyzes one of […]

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Law’s Remarkable Failure to Protect Mistakenly Overpaid Employees

Employers frequently make mistakes and overpay their employees. For instance, the federal government alone, which makes up only around 2% of the U.S. workforce, will likely overpay its employees by $2 billion this year. After discovering the error, employers often recoup the mistaken overpayments without the supervision of the courts by simply exercising a self-help […]

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Law at the End of War

As the United States continues to withdraw troops from Afghanistan in the coming year, courts will increasingly face the task of interpreting the dozens of federal laws whose operation depends on the existence of war. The 2009 Military Commissions Act (MCA), for instance, makes offenses triable by military commission “only if the offense is committed […]

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The Death of Tax Court Exceptionalism

Tax exceptionalism — the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state — has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial review of the Treasury Department’s interpretations of the tax […]

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Truthiness: Corporate Public Figures and the Problem of Harmful Truths

This paper is an invited response to Deven Desai’s article, Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine. Editor’s Note: Professor Bhagwat’s response piece was scheduled for publication in Volume 98, Issue 3. Due to an editorial oversight, the piece did not go to print on schedule. It is therefore with sincere apologies to Professor […]

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Note: Suppressing Evidence in Immigration Proceedings: The Need for a Lenient Egregiousness Standard and Rebellious Lawyering

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De Novo

  • What the Tax Bill Means for Students

    WHAT THE “TAX CUTS AND JOBS ACT” MEANS FOR STUDENTS: DO WE WANT INCENTIVES OR SIMPLIFICATION? By: Melanie Pulles Benson, Volume 102 Staff Member The new House tax reform bill, the “Tax Cuts and Jobs Act” (“Act”), significantly departs from the current tax code.[1] The Act alters the tax brackets, […]

  • Losing Bigly

    LOSING BIGLY: HOW THE ACLU’S COMPLAINT FORCED THE U.S. GOVERNMENT TO RELEASE ROSA MARIA By: David Racine, Volume 102 Staff Member On October 25, 2017, U.S. Customs and Border Protection (CBP) detained Rosa Maria Hernandez, a ten-year-old child with cerebral palsy who was recovering from an emergency surgery she endured […]

  • Silent and Ambiguous

    SILENT AND AMBIGUOUS: THE SUPREME COURT DODGES CHEVRON AND LENITY IN ESQUIVEL-QUINTANA V. SESSIONS By: David Hahn, Volume 102 Staff Member[1] Twenty-year-old Juan Esquivel-Quintana—a lawful permanent resident from Mexico—had consensual sex with his sixteen-year-old girlfriend.[2] This violated California’s statutory rape statute,[3] and he pled no contest in state court.[4] The […]


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