Excluding Disadvantaged Businesses
In March 2020, the Small Business Administration implemented the Paycheck Protection Program to support small businesses and their workers during pandemic shutdowns. . . .
Breaking the Wall of Silence—Balancing Grand Jury Secrecy with Legitimacy and Transparency in Pitch v. United States
n July of 1946, a large group of unmasked White men armed with pistols and shotguns murdered four African Americans near Monroe, Georgia. The bodies of Roger Malcolm, Dorothy Malcolm, George Dorsey—a World War II veteran—and Mae Dorsey were found near the Apalachee River in a place locally . . .
Misconstruing Melms: The Fall of Ameliorative Waste
Land use disputes can arise when multiple parties have temporally successive interests in the same real property, involving one party who presently possesses the property and another party with a future interest who will likely retake the property after a certain period. . . .
Qualified Immunity and Obvious Constitutional Violations
On September 10, 2013, three City of Fresno police officers executed a search warrant to look for evidence of illegal gambling and money laundering. . .
Exclusion of Race of Suspect from Clery Act Campus “Crime Alerts”: Results of a Survey of Clery Act Reporters
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 (“Clery Act”) requires campus safety authorities at schools receiving federal funds to collect and annually produce statistics regarding crimes occurring on their campuses. The rule promulgated by . . .
Applying Bright Lines to the “Black Box”: Article II Powers as a Tool for Reducing Uncertainty in CFIUS Reviews
In May 2018, under increasing pressure to address Chinese technology theft, the Trump administration announced that it would take the unprecedented step of using executive powers to implement investment restrictions prohibiting the Chinese acquisition of advanced information . . .
The Meaningless Factual Basis Inquiry of Rule 11(b)(3)
The criminal trial and all the constitutional protections it affords criminal defendants is becoming a relic of the past. In the federal system, 97.6% of convictions in 2019 were not the product of a jury or judge rendering a guilty verdict after a trial. . . .
A Distant Mirror: American-Style Plea Bargaining Through the Eyes of a Foreign Tribunal
Content coming soon
Competing for the Future: Remarks at the George Mason Law Review 23rd Annual Antitrust Symposium
Content coming soon
Analyzing Vertical Mergers: Accounting for the Unilateral Effects Tradeoff and Thinking Holistically About Efficiencies
Content coming soon