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."
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?"
Writing on the review of referee decisions in soccer games by Video Assistant Referee (VAR) technology, Eliana Fleischer argues "that different categories of VAR review require distinct standards of review to match the subjectivity of the referee’s decision and the informational asymmetry between the referee and VAR."
Professor Adam S. Zimmerman critiques the Federal Circuit's holding in Skaar v. McDonough that the Veterans Court's 2020 class action rule allowed as class members only those veterans who had exhausted the appeals process at the VA at the time of class certification.
Youssef Mohamed summarizes how United States v. Turkiye Halk Bankasi A.S. impacts the law of foreign sovereign immunity as it applies in criminal proceedings, ultimately concluding that, without further input from Congress, courts should defer to executive branch determinations of foreign immunity as manifested by the commencement of criminal proceedings.
So Jung Kim analyzes the impact that the Supreme Court's decision in FTC v. AMG will have on the FTC's ability to obtain equitable monetary relief for those harmed by deceptive or unfair business practices.
Alessandro Clark-Ansani applies the equal protection analysis in United States v. Carrillo-Lopez to federal marijuana laws, concluding that courts should find such laws to be an unconstitutional violation of the Equal Protection Clause because of their racially discriminatory intent.
Jace Lee explains that the reasoning behind the state-created-danger doctrine, as applied in cases involving suicides by adolescents in the school context, should also apply to cases involving suicides in noncustodial contexts beyond the school setting.
Ryan Fane discusses how securities law should address the theory of insider trading presented in SEC v. Panuwat.
Jaden Lessnick argues that the Seventh Circuit's holding in United States v. Thacker misapplies the compassionate release statute and that, instead, a case-by-case assessment of whether a nonretroactive sentencing amendment can justify compassionate release is more consistent with the statute and Seventh Circuit precedent.