Responding to Profs. Chander & Schwartz’s Privacy and/or Trade, Profs. Kristina Irion, Margot E. Kaminski & Svetlana Yakovleva argue that "international trade as a regime is fundamentally the wrong forum for striking a balance" between "the free flow of information and the protection of data privacy."
Erin Yonchak, writing on stealthing and on rape exceptions to state abortion bans, concludes that, first, "[c]urrent rape law does not capture a swath of sexual violence, like stealthing—and rape exceptions, as written, do little to provide options for those victims," and second, "if providing abortion access to sexual violence survivors is a priority for legislators in abortion-restricted states, rape exceptions should be broadened to expansively define 'rape' as any unwanted sexual conduct and divorce rape exceptions from the criminal system, which remains an inadequate mechanism for victims of sexual violence."
Danielle Tyukody "presents an argument to permit greater disclosure of grand jury legal instructions by lowering the standard defendants must meet for the court to authorize disclosure of the instructions."
Joaquin Gonzalez argues that E.U. Members States should pass "a farm animal welfare law mimicking California’s Prop 12" and that this approach "would be legal under an exception for laws regarding public morality."
Evan Blanchard-Wu first outlines "the history of Marsy's Laws" and related victims' rights efforts and then "explores the implications" of the Marsy's Law right "to reasonable protection from the accused."
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."
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."
Rhemé Sloan discusses the repeal of the OCC's "true lender" rule and evaluates the implications of that repeal, from a consumer protection perspective, for the fintech and lending industries.