Vol. LIII No. 2

Middle-Income Peers as Educational Resources and the Constitutional Right to Equal Access

Abstract: Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into […]

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Pregnancy as “Disability” and the Amended Americans with Disabilities Act

Abstract: The recent expansion of the Americans with Disabilities Act’s (ADA) protected class invites reexamination of the assumption that pregnant workers may not use the ADA to obtain workplace accommodations. The ADA’s scope now includes persons with minor temporary physical limitations comparable to pregnancy’s physical effects. Accordingly, the primary remaining justification for concluding that pregnant […]

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The Fractal Geometry of Invention

Abstract: Fractals are geometric objects of inexhaustible detail. Fractal structures have been found in the contours of mountain ranges, the patterns of veins on a leaf, and the fluctuations of the Dow Jones Industrial Average. The endeavor of inventing new technologies, consisting of a hierarchical network of practical inquiries, exhibits fractal properties as well. Among […]

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Reconsidering Antitrust’s Goals

Abstract: Antitrust policy today is an anomaly. On the one hand, antitrust is thriving internationally. On the other hand, antitrust’s influence has diminished domestically. Over the past thirty years, there have been fewer antitrust investigations and private actions. Today the Supreme Court complains about antitrust suits and places greater faith in the antitrust function being […]

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Rehnquist’s Missing Letter: A Former Law Clerk’s 1955 Thoughts on Justice Jackson and Brown

Abstract: “I think that Plessy v. Ferguson was right and should be re-affirmed.” That’s what Supreme Court law clerk William H. Rehnquist wrote privately in December 1952 to his boss, Justice Robert H. Jackson. When the memorandum was made public in 1971 and Rehnquist’s Supreme Court confirmation hung in the balance, he claimed that the […]

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Protecting Protected Speech: Violent Video Game Legislation Post-Brown v. Entertainment Merchants Ass’n

Abstract: Violent video games have drawn the ire of parents and commentators alike ever since their inception two decades ago. Following several tragic school shootings in the late 1990s, legislators began exploring ways to limit childhood exposure to violent media. Since then, multiple states have tried their hand at regulating the sale of violent video […]

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Dilution by Tarnishment: An Unworkable Cause of Action in Cases of Artistic Expression

Abstract: This Note argues that the Trademark Dilution Revision Act (TDRA), enacted to provide relief to companies whose trademarks are used in tarnishing ways, is unworkable when applied to tarnishing uses in artistic works. When the TDRA was enacted in 2006, it included several amendments to current dilution law that will keep defendants who used […]

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Playing Politics with Shareholder Value: The Case for Applying Fiduciary Law to Corporate Political Donations Post-Citizens United

Abstract: The 2010 midterm elections following the Supreme Court’s landmark decision in Citizens United v. FEC saw a spike in contributions from outside (non-party) sources: these groups spent over four times as much as any other single midterm election cycle. This phenomenon underscores both the psychological and competitive impact that Citizens United undoubtedly had on […]

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Hey! That’s My Valor: The Stolen Valor Act and Government Regulation of False Speech Under the First Amendment

Abstract: The Stolen Valor Act criminalizes lies about receiving military decorations. Through the Stolen Valor Act, the government seeks to protect the honor associated with receiving a military decoration from people who falsely claim to have received one. Some courts have held that the false statements proscribed by the Stolen Valor Act fall outside of […]

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Shifting Targets on Shifting Fees: Attorney’s Fees in the Wake of Singer Management Consultants, Inc. v. Milgram

Abstract: On June 15, 2011, in Singer Management Consultants, Inc. v. Milgram, the U.S. Court of Appeals for the Third Circuit sitting en banc held that a temporary restraining order vacated after a defendant’s change in position is insufficient to confer prevailing-party status for purposes of awarding attorney’s fees. As a result, parties who obtain […]

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