Vol. LV No. 3

Legal Mirrors of Entrepreneurship

Abstract: Small businesses are regarded as the engine of the economy. But just what is a “small business”? Depending on where one looks in the law, the definitions vary. Routinely, though, these various classifications fail to assess the policy considerations and legislative intent for granting regulatory preferences to small concerns to begin with. In the […]

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Adversarial Justice’s Casualties: Defending Victim-Witness Protection

Abstract: The U.S. Supreme Court and some state courts have constitution­al­ized an increasingly rigid and broad vision of adversarial adjudication’s requirements. Commentators often celebrate this adversarial revolution as expanding defendants’ rights of confrontation, cross-examination, and self-representation. Yet the adversarial revolution also has created an arsenal of tactics to retraumatize victims of sexual assault and general […]

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Active Symbols

Abstract: Visual representations of religious symbols continue to puzzle judges. Lacking empirical data on how images communicate, courts routinely dismiss visual religious symbols as “passive.” This Article challenges the notion that symbols are passive, introducing insights from cognitive neuroscience research to Establishment Clause theory and doctrine. It argues that visual symbolic messages can be at […]

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The Military-Environmental Complex

Abstract: Two competing theories vie for dominance regarding the relationship between the U.S. military and the natural environment. On the one hand, because legal rules permit the military to disregard environmental laws when they conflict with the military’s national security mission, one might be left with the impression that the military always stands opposed to […]

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Tax vs. Penalty, Round Two: Interpreting the ACA’s Assessable Payment as a Tax for Federal Award Cost Allowances

Abstract:The Patient Protection and Affordable Care Act (ACA)—a significant health care reform enacted in 2010—imposes an “assessable payment” on certain employers that fail to offer affordable health insurance to their employees. Unfortunately, this assessable payment label presents a problem for nonprofits and other nonfederal entities receiving federal awards. Per uniform guidance from the Office of […]

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Throwing Admiralty Jurisdiction a Lifevest: Preserving Maritime Jurisdiction for Torts That Do Not Involve Vessels

Abstract: This Note examines the current test for establishing admiralty jurisdiction for in personam tort suits and the lower courts’ recent departure from this test. Some lower courts have started to inappropriately read a vessel requirement into the test. This requirement causes a host of problems, including upsetting the spirit of the Extension of Admiralty […]

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Betting on State Equality: How the Expanded Equal Sovereignty Doctrine Applies to the Commerce Clause and Signals the Demise of the Professional and Amateur Sports Protection Act

Abstract: In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby County v. Holder, the […]

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