Most Recent Print Issue

Volume 31, Issue 1

January 2024

Abstract. The Federal Rules of Evidence have been pronounced dead. Indeed, the Federal Rules of Evidence have recently been declared dormant, stagnant, frozen, lethargic, and yes, deceased. In The Living Rules of Evidence, 170 U. Pa. L. Rev. 937 (March 2022), Professor Alexander Nunn claims that …
Abstract. The United States courts are at a loss for what qualifies as religious for protections under the First Amendment. And it makes sense. Who wants to delineate a precise definition distinguishing the religious from the non-religious when an over-inclusive or under-inclusive definition …
Abstract. Federal agency rulemaking is governed by the Administrative Procedure Act (“APA”), which mainly requires public notice and comment and a delayed effective date. Sometimes, that can be a fast process of just a few months; other times, it can take years. However, an exception to APA …
Abstract. Old regs should not be subject indefinitely to litigation that seeks to validate the public right to legal administrative procedure. Instead, the six-year limitations period under 28 U.S.C. § 2401(a) should accrue for an administrative procedure claim when an agency promulgates a …
Abstract. During the New Deal, President Franklin D. Roosevelt declared that the United States was facing a “quiet crisis.” The Supreme Court had struck down his administration’s rules governing the petroleum and poultry industries. Unlike the recent banking panic that had caused the …
Abstract. Under the major questions doctrine, the Supreme Court looks to the “economic and political significance” of an agency’s rule to help determine whether Congress intended to delegate the authority to issue that rule. While the Court has largely settled on a “billions of dollars” threshold…
Abstract. Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs. In recent years, the transgender movement has sought to reinterpret Title IX to require treating a person consistent with that person’s gender identity. Two federal courts …

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