This Article questions the wisdom of repeatedly asking the question “what would the settlor do?”
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- GeneralThis article provides a defense of categorical balancing. The methodology for determining new categories of unprotected speech and of determining when speech is presumed to be protected is in shambles.
- GeneralLaws compelling speech from abortion providers should be subjected to at least intermediate scrutiny and thus fail as they are not substantially related to an important government interest.
- GeneralThe process for seeking review by the NY Court of Appeals should be the same for civil and criminal cases.
- GeneralThis Article offers a critique of the regulations governing financial conflicts of interest and uses data on the personal finances of executive branch officials to assess conflicts of interest.
- GeneralThis article argues that property theory has an inherent tendency to either ignore or devalue cultural difference.
- GeneralFollowing the passing of Justice Ginsburg, and the ascendancy of Justice Barrett, Chief Justice Roberts's role on the Court has changed -- and changed in some dramatic ways.
- GeneralThis Note examines Title X: Family Planning Program and explains the Final Rule. This Note argues that the Final Rule should be invalidated as it is arbitrary & capricious.