Lethal Injection Secrecy and Eighth Amendment Due Process

Abstract: The U.S. Supreme Court has held that death row inmates possess an Eighth Amendment right protecting them against execution methods posing a substantial risk of serious harm. Despite the clear existence of this liberty interest, lower federal courts have repeatedly denied inmates’ requests to know important details of the lethal injection procedure the state […]

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The Rise of the End User in Patent Litigation

Abstract: The patent system focuses on the actions of two players: the patentee and its competitor. It assumes that the competitor will represent the interests of the end user. But, end users are increasingly becoming significant players in the patent system, with their interests sometimes diverging from those of competitors. Attention has recently turned to […]

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A Dynamic Theory of Judicial Role

Abstract: Recent scholarship has focused heavily on the activism of courts in the fragile democracies of the “Global South.” Courts in countries like India, Colombia, and South Africa have issued landmark decisions in difficult political environments, in the process raising unanswered questions about the appropriate conception of judicial role in these climates. Much of the […]

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Justice Alito’s Dissent in Loving v. Virginia

Abstract: In 1967, in Loving v. Virginia, the U.S. Supreme Court unanimously struck down miscegenation statutes, which criminalized interracial marriage, as unconstitutional. In 2013, the Court in United States v. Windsor invalidated Section 3 of the so-called Defense of Marriage Act (“DOMA”), which precluded federal agencies from recognizing marriages between same-sex couples even if the […]

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Elementary Statutory Interpretation: Rethinking Legislative Intent and History

Abstract: This Article argues that theorists and practitioners of statutory interpretation should rethink two very basic concepts—legislative intent and legislative history. Textualists urge that to look to legislative history is to seek an intent that does not exist. This Article argues we should put this objection to bed because, even if groups do not have […]

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Opening the Schoolhouse Gate: Why the Supreme Court Should Adopt the Standard Announced in Tatro v. Supreme Court of Minnesota to Permit the Regulation of Non-Curricular Student Speech in Professional Programs

Abstract: Free speech in public schools has long been a divisive and intriguing issue. The topic is particularly contentious in post-secondary education where many of the maturity-driven and family surrogate rationales for restricting student speech fall away. Furthermore, with the advent of the Internet and the explosion of social media, it is now nearly impossible […]

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