Current Issue
The challenges facing agency adjudication are a microcosm of those facing modern American government. Limited resources, shifting priorities, and overt politicization all contribute to perhaps the gravest threat to the…
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Self-Restraint or Judicial Disregard: Reviewing the Supreme Court’s Answer to the Political Question of Partisan Gerrymandering
In 2019, the U.S. Supreme Court issued its judgment in Rucho v. Common Cause, the Court’s latest foray into the decisive issue of partisan gerrymandering. As a tool for politicians…
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A New Look at Standing for ERISA Causes of Action in Defined-Benefit Plans
Since the Employee Retirement Income Security Act of 1974 (“ERISA”) was enacted, courts have shifted away from analogizing to trust law and consequently have created a new precedent that raises…
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Differential Etiology: Inferring Specific Causation in the Law from Group Data in Science
In every toxic-tort case, the plaintiff must prove that the defendant exposed the plaintiff to something that caused an injury. The causal proof is in two parts: proof of general…
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Enslaved Agents: Business Transactions Negotiated by Slaves in the Antebellum South
This Article explores the law of agency as applied to enslaved workers in the Antebellum South between 1798 and 1863. In particular, I examine legal disputes involving the delegation of…
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The (Potential) Legal History of Indian Gaming
Indian gaming—casinos owned, operated, and regulated by Indian tribes—has been a transformative force for many Indigenous nations over the past few decades. The conventional narrative is that Indian gaming began…
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