Recent Articles
Taxation as a Site of Memory: Exemptions, Universities, and the Legacy of Slavery
By Bridget J. Crawford In her review of Professor Lolita Buckner Inniss's The Princeton Fugitive Slave: The Trials of James Collins Johnson, Professor Crawford examines the role that tax law plays in perpetuating institutional racism. Download the full article (PDF)...
Stare Decisis and the Identity-Over-Time Problem: A Comment on the Majority’s Wrongness in Kisor v. Wilkie
By Christian Talley Abstract In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under which courts defer to agencies’ interpretations of their own ambiguous regulations—so-called Auer or Seminole Rock deference. In its prior...
The Trump Administration Should Have Attorney Whistleblowers
By Carliss N. Chatman In her Article, Professor Chatman examines the actions of Attorney General Bill Barr and White House Counsel Pat Cipollone through the prism of the ethical rules governing attorney conduct. Download the full article (PDF) here. Hein | Lexis...
Diploma Privilege and the Constitution
By the Collaboratory on Legal Education and Licensing for Practice Members: Claudia Angelos (New York University); Sara Berman (AccessLex Institute); Mary Lu Bilek (City University of New York); Carol L. Chomsky (University of Minnesota); Andrea Anne Curcio (Georgia...
Recent Student Work
Against the Status Crimes Doctrine
By West Menefee Bakke In his Case Note, West Menefee Bakke critiques the 9th Circuit's recent opinion extending the status crimes doctrine to homelessness and argues that the status crimes doctrine ought to be abandoned in its entirety. Download the full article (PDF)...
You Have One New Message—The Eleventh Circuit Correctly Applies the Spokeo Framework to TCPA Claims for Unsolicited Text Messaging
By Mary Love Abstract The Eleventh Circuit recently created a circuit split regarding whether an unsolicited text message constitutes a concrete injury necessary to establish standing under the Telephone Consumer Protection Act (TCPA). The issue of standing under...
Suspended for Sexual Assault, Now What?—The Sixth Circuit Splits from the Second on a Pleading Standard for Reverse Title IX Actions
By Thomas Campbell Abstract It should not come as a surprise that sexual assault on college campuses has been a major area of concern in the past decade. In 2011, the Department of Education’s Office for Civil Rights (OCR) released the “Dear Colleague Letter” (the...
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