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STATE-SPONSORED SANCTIONS? NEW JERSEY’S UNCONSTITUTIONAL ATTEMPT TO SANCTION RUSSIA AND THE DISTRICT COURT’S FAILURE TO ACT
March 16, 2025 EDT
STATE-SPONSORED SANCTIONS? NEW JERSEY’S UNCONSTITUTIONAL ATTEMPT TO SANCTION RUSSIA AND THE DISTRICT COURT’S FAILURE TO ACT
Sophia E. Casabonne

This Note discusses a New Jersey law sanctioning Russia amid the Russo-Ukrainian War, preemption issues surrounding that law, and implications of a federal court's decision not to invalidate the law.

DISGORGEMENT ACCOUNTING AFTER LIU V. SEC IN SECURITIES ENFORCEMENT CASES
November 08, 2024 EDT
DISGORGEMENT ACCOUNTING AFTER LIU V. SEC IN SECURITIES ENFORCEMENT CASES
J.W. Verret

This Article reconciles the SCOTUS opinion, Liu v. SEC, which limits disgorgment penalties to "net profits," with remedies articulated in treatises, and provides guidance for future disgorgement calculations.

I DON’T WANT TO, AND YOU CAN’T MAKE ME: POLICY AND LEGAL BATTLES OVER MASK MANDATES DURING THE PANDEMIC
October 21, 2024 EDT
I DON’T WANT TO, AND YOU CAN’T MAKE ME: POLICY AND LEGAL BATTLES OVER MASK MANDATES DURING THE PANDEMIC
Thomas O. McGarity

This Article describes COVID-19 mask mandates as well as the reasons behind resistance before chronicling subsequent mask mandate legal battles and examining implications of such litigation on managing future pandemics.

MAKING WAYFAIR WAY-FAIRER
October 15, 2024 EDT
MAKING WAYFAIR WAY-FAIRER
Noah Chase

This Student Note examines the Wayfair decision within SCOTUS sales tax jurisprudence, recent state tax laws, and a framework for sales taxes complying with the Commerce Clause and Due Process.

October 11, 2024 EDT
A CODE TOO EASILY BROKEN: CONTINUING CONCERNS REGARDING THE UNITED STATES SUPREME COURT’S NEW CODE OF CONDUCT
Benjamin Pomerance

This Article praises the Code of Conduct adopted by SCOTUS and highlights areas to amend to restore trust in the Court and ensure uniform ethical standards apply to all judges.

September 27, 2024 EDT
MARINE WILDLIFE CONSIDERATIONS FOR A CONVENTION GOVERNING FLOATING OFFSHORE WIND TURBINES
Elisabeth Schanz

This Student Note considers how international governing bodies may resolve conflicts arising between protecting marine wildlife and the developments in ocean renewable energy technologies, like floating offshore wind turbines (“FOWTs”).

23ANDME . . . AND YOU: EXAMINING THE EXISTENCE OF A PATIENT’S DUTY TO INFORM FAMILY MEMBERS OF GENETIC TEST RESULTS AND ESTABLISHING A NEW CAUSE OF ACTION
September 23, 2024 EDT
23ANDME . . . AND YOU: EXAMINING THE EXISTENCE OF A PATIENT’S DUTY TO INFORM FAMILY MEMBERS OF GENETIC TEST RESULTS AND ESTABLISHING A NEW CAUSE OF ACTION
Allegra J. Padula

This Note argues a duty should be imposed on patients to warn relatives of genetic testing which may significantly affect that relative’s health and proposes elements for a new tort.

INTERNATIONAL LAW BY CORPORATION
September 16, 2024 EDT
INTERNATIONAL LAW BY CORPORATION
Antonia Eliason

This Article examines why corporations increasingly influence the development of international law. It concludes that this could result in the unfettered exploitation of the commons by private entities.

A RULE OF FOUR?  FIVE?  OR THREE?  DEFENSIVE DENIALS ON THE UNITED STATES SUPREME COURT
September 06, 2024 EDT
A RULE OF FOUR? FIVE? OR THREE? DEFENSIVE DENIALS ON THE UNITED STATES SUPREME COURT
Barbara PalmerAaron M. MontgomeryJulie NewcampCarole Wilson

This Article provides an analysis using a decision-theoretic model to explore how the Rule of Four, as well as other submajority and supermajority rules, shape opportunities for defensive denials.

THE TEXAS TWO-STEP HARMS CONSUMERS AGAIN
August 02, 2024 EDT
THE TEXAS TWO-STEP HARMS CONSUMERS AGAIN
Anthony A. Smith

This article explores the divisive merger–also known as the Texas Two-Step, and argues it is a manipulation of business organizations law at the expense of consumers.

April 22, 2024 EDT
SUPREME MIRAGE: CLARENCE THOMAS’S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM
Zamir Ben-Dan

Tracking his opinion in Students for Fair Admissions, this Essay proposes Justice Thomas’s “originalist defense of the colorblind Constitution” is manufactured history, refuting Thomas's race-blind reading of the 14th Amendment.

April 09, 2024 EDT
THE SECURITIES AND EXCHANGE COMMISSION AND CRYPTOASSETS: A STUDY IN IRONY
Carol Goforth

This Article considers how the SEC inconsistently applies the definition of a security in the context of investment contracts to cryptoassets and advocates for legislative intervention to alleviate confusion.