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FTC v. Facebook: Does the Punishment Fit the Crime?
Industry-wide problems such as data security and privacy require industry-wide solutions. While there is broad...
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How Clear is Clear Enough: A Mix of Textualism, Tribal Sovereignty, and Bankruptcy at the Supreme Court
Indian Tribes are unique entities. They’re sui generis (one of a kind) in American law....
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Chevron Is Dead, Long Live Chevron
The Supreme Court has agreed to revisit Chevron v. Natural Resources Defense Council (1984), the...
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Answering Threats to Taiwan
Last month, the Federalist Society’s International and National Security Law Practice Group hosted Part II...
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Is a Ban on TikTok a Bill of Attainder?
The White House and a bipartisan group of congressional members have called for measures that...
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A Response to Stephen Halbrookâs Response on Bruen
Stephen P. Halbrook is a giant in the field of Second Amendment studies, and I...
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New State Commercial Finance Disclosure Laws
More states have followed California in enacting consumer-like disclosure laws covering lending to small businesses....
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ED Proposes Title IX Athletics Rule Requiring Participation Based on Gender Identity
On April 13, 2023, the Department of Education (ED) issued a notice of proposed rulemaking...
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Religious Liberty in American Higher Education
I'm happy to share a piece on Religious Liberty in American Higher Education that I've...
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Developments on Drones, Air Rights, and Takings
With the rapid progress of drone technology, legal claims to low-altitude airspace raise novel questions...