Current Issue
Reparations reappeared in the news even before the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and others made headlines as modern-day lynchings. As data continue to show the perpetuation…
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Indigenous Resilience
The story of federal Indian law is the story of Indian tribal survival in the face of perpetual challenges to their legal and cultural existence, both in law and policy.…
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Making Too Much of Too Little?: Why “Motivating Factor” Liability Did Not Revolutionize Title VII
Although the correct causation standard for various employment discrimination statutes continues to be much debated, the most generous standard for plaintiffs—Title VII’s “motivating factor” rule for status discrimination claims—has not…
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A Dozen Landmark Nuisance Cases and Their Environmental Significance
Over four centuries, nuisance law has proved its versatility. Originally a near strict liability doctrine restraining uses that interfered with traditional agrarian and domestic uses, nuisance evolved to accommodate the…
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Resolving the First Amendment’s Civil War: Political Fraud and the Democratic Goals of Free Expression
This Article presents a timely reexamination of the relationship between the First Amendment and political fraud, defined as the use of knowingly false speech to achieve political goals. We extend…
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Cities as International Environmental Actors: The Case of Marine Plastics
As the impacts of marine plastic pollution become ever more apparent, a number of states have begun calling for the development of a new international agreement to address the problem.…
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