Vol. LVI No. 5

Legitimate Families and Equal Protection

Abstract: This Article questions whether and why it should be unconstitutional to treat legitimate and illegitimate children differently. It argues that legitimacy doctrine is rooted in a biological essentialism completely at odds with contemporary efforts to expand legal recognition of nontraditional parenting practices including same-sex parenting, single parenthood by choice, surrogacy, and sperm donation. The […]

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Financial Rewards for Whistleblowing Lawyers

Abstract: The federal government increasingly relies on whistleblowers to ferret out fraud, awarding over $4 billion to whistleblowers under the False Claims Act (“FCA”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). May lawyers ethically seek these whistleblower rewards? Several lawyers have tried unsuccessfully to serve as FCA whistleblowers. Additional lawyers may […]

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The Efficiency Norm

Abstract: Efficient is not synonymous with inexpensive. Rather, it refers to an optimal tradeoff between cost and function; a system may simultaneously become less expensive and less efficient, if cost savings are offset by loss of productivity. Yet, this Article argues that if we conceive of the rules and doctrines governing civil procedure as a […]

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Fear and Loathing in Colorado: Invoking the Supreme Court’s State-Controversy Jurisdiction to Challenge the Marijuana-Legalization Experiment

Abstract: This Article asserts that states may invoke the Supreme Court’s original jurisdiction to challenge marijuana legalization in Colorado. The State’s introduction of marijuana into interstate commerce has reawakened a long-dormant body of constitutional law dealing with transboundary nuisance disputes between states. In making this argument, we distinguish our theory from the complaint lodged by […]

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Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment’s Particularity Requirement, and Search Protocols for Cell Phone Search Warrants

Abstract: In 2014, in Riley v. California, the U.S. Supreme Court held that the police must obtain a warrant before searching a cell phone. Since then, lower courts have struggled to determine what scope limitations judges should place on cell phone warrants in order to ensure that these warrants do not devolve into unconstitutional general […]

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We Need Professional Help: Advocating for a Consistent Standard of Review When Regulations of Professional Speech Implicate the First Amendment

Abstract: The circuits are split as to what level of scrutiny should be applied to challenged regulations of professional speech. In the past two years, the Third and Fourth Circuit Courts of Appeals have applied intermediate scrutiny to regulations of professional speech, whereas the Ninth Circuit Court of Appeals has applied rational basis review. The […]

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Further and Further, Amen: Expanded National Labor Relations Board Jurisdiction over Religious Schools

Abstract: The National Labor Relations Board (“NLRB”) is charged with protecting workers’ rights through providing access to collective bargaining and enforcing unfair labor complaints. This charge meets an oft-competing mission, however, when applied to religiously affiliated educational institutions, which are guaranteed the protections of the religion clauses of the First Amendment. For many years, parochial […]

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Reaching Within Silk Road: The Need for a New Subpoena Power That Targets Illegal Bitcoin Transactions

Abstract: With the rise of Bitcoin and other virtual currencies, it has become crucial for government regulatory bodies to catch up. Black market sites like the now-defunct Silk Road have continued to exploit the anonymity of Bitcoin to engage in illegal transactions. In order to identify criminal Bitcoin users, the government must respond with an […]

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