Josh J. Leopold examines "two divergent causation standards endorsed by courts in [False Claims Act] claims predicated on [Anti-Kickback Statute] violations," ultimately concluding that a "but-for causation standard should be disfavored by courts in these cases."
Bethany Ao analyzes case law confronting the question of "whether the PREP Act preempts state tort law when plaintiffs raise wrongful death claims related to COVID-19."
Writing to revise Federalist No. 78, Publius proposes that the Constitution "be amended to require that the President nominate someone to the Supreme Court whose political affiliation we meaningfully know is opposed to that of the President."
Responding to On the Manner of the Appointment of Justices to the Supreme Court: Revising Federalist No. 78, Publius argues that "our devotion to the nation as a whole," not partisan Supreme Court reform, "is the only thing that will save our nation as a whole."
Stephen Vukovits argues that Kennedy v. Bremerton School District's treatment of the Lemon test means that, for purposes of standing, courts should now "recognize that merely being offended by an alleged government endorsement of religion does not constitute a concrete and particularized injury-in-fact."
Jaden M. Lessnick discusses the implications of Brown v. Davenport for federal habeas corpus law, answering two open questions: "[I]f a petitioner satisfies both AEDPA and the Court’s equitable precedents, may a court deny habeas relief regardless, and if so, on what basis?"