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All I See Is Dolla Signs: Using the Supreme Court’s Rule of Reason Analysis of the NCAA’s Monopsony Power in Other Industries

This Comment will apply the Supreme Court’s reasoning in NCAA v. Alston to labor markets beyond collegiate athletics. In Alston, the Court rejected the NCAA’s claim to immunity from the Sherman Act and used rule of reason analysis for the student-athlete compensation at issue. By recognizing the …

Virginia’s Congressional Districts Are Unconstitutional

The Elections Clause in Article I of the U.S. Constitution provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.” This

Unleashing Opportunity in Healthcare

Listening to the Listeners: A Patient’s Right to Receive Information via Telehealth

The Myth that Agency Adjudications Cannot Address Constitutional Claims

Abstract. The 2023 decision in Axon Enterprise, Inc. v. FTC is the latest of several recent Supreme Court rulings declining to require litigants asserting that agencies are unconstitutionally structured to present these claims to the agency before seeking relief in court. These decisions follow …

Compassionate Release, the Sentencing Commission, and the Major Questions Doctrine

Abstract. The United States Sentencing Commission has fundamentally reshaped the back end of the federal sentencing system. For the first time in the Commission’s history, it has expressly authorized judges to consider—in very specific circumstances—nonretroactive changes to the law as …

Richter’s Scale: Proving Unreasonableness Under AEDPA

Abstract. No provision is more central to the administration of the “Great Writ” of habeas corpus than Section 2254(d) of the Antiterrorism and Effective Death Penalty Act, which limits a federal court’s ability to grant relief on a claim already adjudicated by a state court. Under the statute …

How Misapplying Twombly Erodes Retirement Funds

Abstract. Excessive fees erode billions from Americans’ retirement plans each year. Over time, a mere two percent “junk” fee can devour half of workers’ retirement savings and may determine whether they can retire—or if their retirement will be one of impoverished subsistence. Problematically, …

Illegitimacy Here and Now: How Axon Sheds Light on Courts’ Reading of Collins’s Remedial Conundrum

Abstract. This Comment will discuss lower courts’ approaches to constitutional removal-protection claims after the Supreme Court’s 2021 decision in Collins v. Yellen. This Comment will argue that some lower courts have overread Collins to require an almost insurmountable evidentiary burden, …

Emerging from the Amateurism Abyss: The Rise of Noneducation-Related Benefits and the Structuring of Athlete Pay

Abstract. This Comment will critically examine the historical evolution and current state of the NCAA’s amateurism framework, arguing that the recent House v. NCAA settlement insufficiently protects collegiate athletes’ right to a free market. The Comment will trace the NCAA’s origins and its …