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.
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.
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.
Responding to Elon Musk's proposed acquisition of Twitter, Professors evelyn douek and Genevieve Lakier argue that the Twitter deal is a byproduct, not a driver, of broader ongoing shifts in free speech politics and First Amendment doctrine.
Professors Guha Krishnamurthi and Peter N. Salib analyze state gun use and self-defense laws and provide a framework for understanding when such laws can lead even perfectly rational, well-intentioned actors to engage in escalatory small arms races.
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.