Recent blog posts
Note Arguing for and Proposing a Federal Right of Publicity to Protect Artists from Identity Appropriation by AI-Generated Music
Note Arguing That the Three Strikes Rule Should Not Be Applied Outside of the Prisoner Litigation Context Based upon Historical Practice and Canons of Statutory Interpretation.
Although water is the most abundant natural resource on the planet, fresh and potable water is limited. Surface water has long supported human development. However, technological improvements in the mid-twentieth...
Courts have read Section 10(b) of the Securities Exchange Act of 1934 and regulations promulgated thereunder as requiring less than every element of common law fraud. In particular, the Securities...
In Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, a baker raised a compelled speech claim when his bakery was sanctioned by the Colorado Civil Rights Commission for refusing to...
Twenty years ago, the Supreme Court misread its precedents and took a shortcut to do what was “simpler” instead of what was right. It determined, without examining the origins...
Under Katz v. United States, the Fourth Amendment restricts government actions that infringe upon expectations of privacy that society recognizes as reasonable. This foundational test has long been criticized as...
Concurring in United States v. Vaello Madero, Justice Neil Gorsuch argued that the Insular Cases are contrary to the Constitution’s original meaning and should be overruled. The Supreme Court’s decisions...
Americans love meat. We celebrate our independence with steaks on the grill, we enjoy our favorite pastime with hot dogs, and we give thanks with turkey. Our love of meat...
During the Biden Administration a form of populism staked a claim in American antitrust policy. While it never had much impact on Congress or the federal judiciary, it had a...
Note Arguing That Originalists Should Faithfully Champion a Robust Rule of Lenity Because It Is the View Best Supported by the Constitution and Reflected in Historical Practice.