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.
Gabrielle Dohmen argues that when analyzing Title VII anti-retaliation claims after an employee makes a mistake of law, courts should apply a training-based standard that compares the employee's belief to that of a reasonable employee similarly situated in terms of training and experience.
Claire J. Rice surveys state law approaches to establishing probable cause using plain odor and canine sniffs in states that have legalized marijuana, concluding that the Illinois legislature should, first, clarify that marijuana odor cannot serve as the sole basis for probable cause to search a vehicle and, second, ban the use of marijuana-detecting canines.
Narayan Narasimhan argues that the Native American Graves Protection and Repatriation Act's protections for human remains should apply only when there is an ascertainable relationship between those human remains and a presently existing tribe.
Laura Geary surveys recent state laws that regulate the use of commercial genetic databases by law enforcement, concluding that states should be cautious about adopting laws that require law enforcement officers to use government genetic databases before commercial ones.
Responding to Elon Musk's proposed acquisition of Twitter, Daphne Keller suggests that "middleware" models, not common carriage rules, best put control over internet speech regulation in the hands of users.