The Admissibility of Forensic Reports in the Post–Justice Scalia Supreme Court by Laird Kirkpatrick

Forensic reports linking a defendant to a crime—such as drug tests, blood analysis, DNA profiles, and much more—often constitute the most powerful and persuasive evidence that can be offered at a criminal trial. Yet the Supreme Court is sharply divided about the constitutionally required foundation for the admission of such reports. Its opinions on the … Continue reading The Admissibility of Forensic Reports in the Post–Justice Scalia Supreme Court by Laird Kirkpatrick

Briefly 3.4 – The Chicago School of Antitrust and the Digital Economy

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the Chicago School of Antitrust and whether it should be reassessed in the modern, digital economy. We spoke to Timothy Muris, Professor at the Antonin Scalia Law School and former Chairman of the FTC, Jonathan Nuechterlein, partner at Sidley Austin … Continue reading Briefly 3.4 – The Chicago School of Antitrust and the Digital Economy

Why the NCAA’s No-Transfer Rule Is No Good by Michael A. Carrier & Marc Edelman

Earlier this year, after suffering from depression, University of Michigan football lineman James Hudson applied to transfer to the University of Cincinnati. Hudson aimed to start anew at Cincinnati, immediately joining the school’s football team. But unfortunately, Hudson’s hopes were dashed. The NCAA’s “year-in-residence” rule requires Division I college athletes to sit out a year … Continue reading Why the NCAA’s No-Transfer Rule Is No Good by Michael A. Carrier & Marc Edelman

Briefly 3.3 – Genealogy Databases and the Fourth Amendment

This is Briefly, a production of the University of Chicago Law Review. Today we're discussing law enforcement's use of genealogy databases to solve cold cases and related Fourth Amendment implications. We spoke to Natalie Ram, Assistant Professor at the University of Baltimore Law School, and Jason Kreag, Associate Professor at the University of Arizona James … Continue reading Briefly 3.3 – Genealogy Databases and the Fourth Amendment

Taking Rulemaking Procedures Seriously in Bending the Rules by Rachel Augustine Potter

Notice-and-comment rulemaking is often thought of as a fixed process: if agency X follows the process then it creates binding regulation Y. Yet, there is considerable variation in how the notice-and-comment rulemaking process actually proceeds. For instance, Trump’s Environmental Protection Agency allotted only 15 days for public comment on a recently proposed rule. This amount … Continue reading Taking Rulemaking Procedures Seriously in Bending the Rules by Rachel Augustine Potter

Unequal State Sovereignty: Considering the Equal State Sovereignty Principle Through Nineteenth-Century Election Laws by Zachary Newkirk

Introduction The equal state sovereignty principle may be “our historic tradition,” but it is an ill-defined, unexplored, and ambiguous one. In Shelby County v. Holder, the Supreme Court invalidated Section 4(b) of the Voting Rights Act (“VRA”) as a violation of the “fundamental principle of equal sovereignty.” Section 4(b) contained a formula that required some … Continue reading Unequal State Sovereignty: Considering the Equal State Sovereignty Principle Through Nineteenth-Century Election Laws by Zachary Newkirk