Vol. LVI No. 4

Two-Time Presidents and the Vice-Presidency

Abstract: Does the Constitution limit the ability of a twice-before-elected President to serve as Vice-President? This question presents an intricate constitutional puzzle, the solution of which requires working through four separate sub-inquiries: Is a two-term President wholly ineligible for the vice-presidency? Is such a person barred from election to the vice-presidency even if that person […]

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Libertarianism and the Charitable Tax Subsidies

Abstract: Despite libertarianism’s political popularity, tax scholarship is largely silent about the interaction between libertarian principles and the structure of our tax system. To fill that gap, this Article mines the nuances of libertarian theory for insights into one feature of our tax system—the charitable tax subsidies—and finds some surprising insights. Although one strand of […]

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Accidentally on Purpose: Intent in Disability Discrimination Law

Abstract: American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans […]

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Self-Defense Against Gun Suicide

Abstract: Around twenty-thousand Americans each year commit suicide using a gun. Many would survive if it were more difficult to obtain the gun. The proposal here is not for gun control, but self control. Specifically, this article proposes allowing individuals to confidentially put their names into the existing federal background check system to prevent or […]

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“Not Ordinarily Relevant”: Bringing Family Responsibilities to the Federal Sentencing Table

Abstract: Incarceration results in negative social, psychological, and economic impacts on an inmate’s family and dependents. These impacts last well beyond the period of incarceration and can cause lifelong challenges. Federal statutes require courts to consider mitigating factors while calculating a sentence, including a defendant’s characteristics. Family ties and responsibilities are considered an aspect of […]

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Limiting Frivolous Shareholder Lawsuits Via Fee-Shifting Bylaws: A Call for Delaware to Overturn and Revise Its Fee-Shifting Bylaw Statute

Abstract: Shareholder lawsuits have become an epidemic, with lawsuits being filed after almost every merger or acquisition, costing corporations and shareholders billions of dollars. With little substantive and successful reform measures at the federal and state level, corporations have begun to take matters into their own hands, including adopting corporate bylaws to deter these lawsuits. […]

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Claiming a Cell Reset Button: Induced Pluripotent Stem Cells and Preparation Methods as Patentable Subject Matter

Abstract: In 2006, a team of scientists discovered a method to create pluripotent stem cells—cells that have the potential to become almost any other type of cell in the human body—by inserting specific genes into a skin cell. The resulting cells were called induced pluripotent stem cells (“iPS cells”). The ability to manufacture stem cells […]

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Too Early or Too Late: U.S. Supreme Court Should Rule Constructive Discharge Claims Accrue Upon Resignation

Abstract: The U.S. Courts of Appeals are divided regarding when an employee’s Title VII constructive discharge claim begins to accrue. The First, Second, Fourth, Eighth, and Ninth Circuits have held that the claim begins to accrue when the employee resigns. The Seventh, Tenth, and District of Columbia Circuits have held that constructive discharge claims begin […]

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