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No Pets Allowed: The Need to Address Increasing Abuses of Assistance Animal Regulations Under Federal Law

The following Note discusses the nuances associated with assistance animal regulations. Part I provides an in-depth overview of the current laws in place permitting certain rights to handlers of assistance animals under a variety of circumstances. Part II analyzes the abuses of assistance animal regulations and discusses the distinctions between

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From Photocopying to Object-Copying in the Classroom: 3D Printing and the Need for Educational Fair Use in Patent Law

This Note is broken into three parts. Part I includes background information about additive manufacturing, the Maker Movement and its importance in the promotion of STEM education, and the history of copyright and patent law. Part II analyzes the development of fair use in copyright law, potential reasons that patent

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Copyright Registration: Why the U.S. Should Berne the Registration Requirement

The following note discusses the registration requirement under the Copyright Act and its interplay with the Berne Convention’s prohibition of formalities. Part I explains the recent division between the United States Circuit Courts of Appeals and provides an in-depth analysis of the application and registration approaches. Part II details

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Borrowing from Millennials to Pay Boomers: Can Tax Policy Create Sustainable Intergenerational Equity?

At the outset, Part I of the Article provides an overview of sustainable intergenerational justice and tax policy. Part II then provides an overview of the U.S. tax system, deficits, and public debt. Part III then considers how taxes can influence the level of resources that are available to

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The Vacancies Act and an Acting Attorney General

The President’s November 2018 designation of Matthew Whitaker to be the Acting Attorney General was unprecedented and calls into question several legal issues. Though many are based on questions of constitutionality, there is a strong and novel argument that the statute used by the President to designate Mr. Whitaker,

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The Limits and Possibilities of Data-Driven Antitrafficking Efforts

An examination of technology in the countertrafficking space reveals recurring tensions between law enforcement and rights-based approaches. It also illuminates assumptions, such as the one that posits more law enforcement-focused, nonstate-actor-supported data-driven efforts are necessary to securing justice for people in trafficking situations. However, a closer look at how technology

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"We the Citizens?": A Corpus Linguistic Inquiry into the Use of "People" and "Citizens" in the Founding Era

The last Amendment included in the Bill of Rights, the Tenth Amendment, states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”1 Employed as a tool to invalidate statutes2 and

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Effective but Limited: A Corpus Linguistic Analysis of the Original Public Meaning of Executive Power

This paper will engage linguistic and historical analysis in an effort to discern the original public meaning of the phrase executive power as used in Article II of the United States Constitution. In light of significant modern controversy surrounding the proper limits of executive authority, an original meaning interpretation of

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"Questions Involving National Peace and Harmony" or "Injured Plaintiff Litigation"? The Original Meaning of "Cases" in Article III of the Constitution

If a federal official is deliberately violating the Constitution, is it possible no federal court has the power to halt that conduct? Federal judges have been answering “yes” for more than a century— dismissing certain kinds of lawsuits alleging unconstitutional conduct by ruling the lawsuits were not “cases” as meant

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Using Empirical Data to Investigate the Original Meaning of "Emolument" in the Constitution.

The United States Constitution prohibits federal officials from receiving any “present, Emolument, Office or Title” from a foreign state without the consent of Congress. In interpreting the Constitution’s text, we are to be guided “by the principle that ‘[t]he Constitution was written to be understood by the voters;

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Cryptocurrency Meets Bankruptcy Law: A Call for Creditor Status for Investors in Initial Coin Offerings

In 1973, experts Homer Kripke and John J. Slain published a seminal study titled The Interface Between Securities Regulation and Bankruptcy—Allocating the Risk of Illegal Securities Issuance between Securityholders and the Issuer’s Creditors. That lengthy analysis, contributed by, respectively, a former Securities and Exchange Commission official and a

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Where Do We Go From Here? Transformation and Acceleration of Legal Analytics in Practice

The advantages of evidence-based decision-making in the practice and theory of law should be obvious: Don’t make arguments to judges that seldom persuade; Jurisprudential analysis ought to align with sound social science; Attorneys should pitch legal work to clients that demonstrably need it. Despite the appearance of simplicity, there

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The Model Rules of Autonomous Conduct: Ethical Responsibilities of Lawyers and Artificial Intelligence

Practitioners use artificial-intelligence (AI) tools in fields as varied as finance, medicine, human resources, marketing, sports, and many others. Now, for the first time, lawyers are beginning to use similar tools in the delivery of legal services. Where once lawyers may have only used AI for electronic discovery (eDiscovery), today

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Predicting Chapter 11 Bankruptcy Case Outcomes Using the Federal Judicial Center IDB and Ensemble Artificial Intelligence

In this project, the authors obtained public data on over 100,000 Chapter 11 bankruptcy cases and used machine and deep-learning methodologies to explore whether models could be designed to predict Chapter 11 case outcomes. The data used was obtained from the Federal Judicial Center’s bankruptcy Integrated Database and

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