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Immigration
Birthright Citizenship Under Attack: Can Congress Overrule Wong Kim Ark?
Birthright Citizenship Under Attack: Can Congress Overrule Wong Kim Ark? Who was Wong Kim Ark? The question of who qualifies as a citizen at
Contract Law
Implied Covenant of Good Faith and Fair Dealing in Contracts
Implied Covenant of Good Faith: The Silent Term in Every ContractFrom Kirke La Shelle v. Armstrong to Employment Terminations I. Introductio
Property Law
The Public Use Clause: From Kelo to Affordable Housing Battles
The Public Use Clause: From Kelo to Affordable Housing BattlesWhen “Economic Development” Justifies Condemnation I. Introduction: The Elasti
Legal Professionals
What Is a Corporate Lawyer? An Examination of Role, Function, and Ethical Tension
What Is a Corporate Lawyer? An Examination of Role, Function, and Ethical Tension In the contemporary global economy, the corporate lawyer o
Property Law
Accession Doctrine: When Does Raw Material Become Someone Else’s Property?
Accession Doctrine: When Does Raw Material Become Someone Else’s Property?From Roman Law to 3D Printing Disputes I. Introduction: The Puzzle
Intellectual property
The First Sale Doctrine: Why You Can Resell a Book But Not a Digital Song
The First Sale Doctrine: Why You Can Resell a Book But Not a Digital SongComparing Kirtsaeng v. Wiley to Software Licensing I. Introduction
Business Law
B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work?
B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work? I. Introduction The tension between profit maximization and social
International Law
Extraterritoriality: Can One Nation Prosecute Crimes Abroad?
Extraterritoriality: Can One Nation Prosecute Crimes Abroad? The principle of extraterritoriality—where a state asserts legal jurisdiction o
Intellectual property
Patentable Subject Matter: The Boundaries of § 101
Patentable Subject Matter: The Boundaries of § 101 I. Introduction What is a Patentable Subject Matter? Patent law in the United States is g
Constitutional Law
USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions
USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions 💡 Post-9/11 Legislation: Enacted in 2001 to expand federal law enfo
Constitutional Law
The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative State
The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative StateExamining the Constitutional Limits on Congress’s
Courts
Three Strikes Laws in the 1990s: Origins, Implementation, and Controversy
Three Strikes Laws in the 1990s: Origins, Implementation, and Controversy I. Introduction The “Three Strikes” laws that proliferated across