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Current Print Edition

Where is Statutory Law?

Jesse M. Cross

Associate Professor, University of South Carolina School of Law.

Textualism has become the ascendant method of statutory interpretation on the Court, and it is rapidly reshaping the entire judiciary. Yet we still do not understand the “text” in textualism. This is part of a broader failure in legislative studies: we lack a basic understanding of the texts that comprise our statutory law. As this…

Building Better Species: Assisted Evolution, Genetic Engineering, and the Endangered Species Act

John A. Erwin

Assistant Professor at Florida International University College of Law.

On December 10, 2020, Elizabeth Ann, a black-footed ferret, was born. This was a momentous occasion, as it was the first time a native species listed under the Endangered Species Act (“ESA”) had been cloned. This is the first major attempt to use biotechnology to aid in the conservation of an endangered species, but it…

Vigilante Federalism

Jon D. Michaels & David L. Noll

Professor of Law, UCLA School of law & Associate Dean for Faculty Research and Development and Professor of Law, Rutgers Law School.

In battles over abortion, religion, sexuality, gender, and race, state legislatures are mass producing a new weapon. From Texas’s S.B. 8 to book bans and a flurry of bills empowering parents to sue schools that acknowledge LGBTQ+ identities or implement anti-racist curricula, state legislatures are enacting laws that call on private parties—and sometimes only private…

A Site to Save a Life: The Case for Lobbying Congress to Restrict the Department of Justice from Targeting Supervised Drug Consumption Sites

Trevor Thompson

J.D., Cornell Law School 2022; B.A. Columbia University, 2018.

This Note will begin with an overview of fentanyl’s role in exacerbating the opioid crisis that has now claimed over a million American lives. It will then offer a partial explanation for why the crisis has gotten worse over the past few years: the Food and Drug Administration’s (“FDA”) refusal to initiate a prescription to…

Current Online Edition

The Leadership Limitation on Persecutors and Terrorist Organizations

Josh A. Roth
J.D. Candidate, Cornell Law School, 2024.

The asylum system in the United States is a melting pot of political discourse, international relations, and novel questions of law. Among other legal requirements, an asylee bears the burden of showing (1) they were persecuted or have a well-founded fear of future persecution and (2) that the persecution was committed by the government or…

Antitrust Remedies for Fissured Work

Brian Callaci & Sandeep Vaheesan
Chief economist, Open Markets Institute & Legal director, Open Markets Institute

Can parties control independent trading partners through contract? Antitrust law in the United States has confronted this question since its inception. From the 1940s through the 1970s, the Supreme Court generally held that corporations could not control the business decisions of distributors and suppliers using contracts, or vertical restraints in the parlance of antitrust. For…

Weaponizing Code Enforcement

Jennifer Aronsohn
Law clerk to Justice Clint Bolick, Arizona Supreme Court. J.D., Northwestern Pritzker School of Law, 2021.

Zoning has captured the nation’s attention in recent years: community activism has led cities and states to revisit their zoning codes as a means to increase access to affordable housing. The primary focus has been on single family zoning and its exclusionary effect in reinforcing segregation. However, within some municipalities’ zoning code is a less…

An Alternative to Zombieing: Lawfare Between Russian and Ukraine and the Future of International Law

Jill Goldenziel
Professor, National Defense University-College of Information and Cyberspace. Ph.D., A.M., Government, Harvard; J.D. NYU Law; A.B. Princeton

Unlike zombies, Ukraine’s lawfare strategy is very much alive. Ukraine’s lawsuits harm Russia’s reputation in the international community and give states legal ammunition to sanction Russia. Lawfare between Russia and Ukraine will change the future of international law and armed conflict. To explain how and why, this paper proceeds in four parts. Part I briefly…