Essay

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Under Political Pressure: How Courts and Congress Can Help Prosecutors Seek Justice

Bruce A. Green & Rebecca Roiphe

This Essay argues that when Justice Department officials order subordinate lawyers to consider inappropriate partisan goals in making charging decisions, prosecutors must prioritize their fiduciary obligation to seek justice on behalf of the public. It further elaborates how courts and Congress can support them in this choice. 

20 Oct 2025

Essay

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Pointless IP

Oren Bracha

This Essay examines the rise of originalism and textualism within the Supreme Court’s intellectual-property jurisprudence. Due to its intense dynamism, intellectual-property law exposes the failures of these methods, which detach law from social reality and human goals, and highlights the need for an alternative jurisprudence of purpose.

17 Oct 2025

Intellectual Property

Essay

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Before Losing

Douglas NeJaime

The prospect of productively leveraging litigation loss should not insulate decisions about whether and how to litigate from scrutiny. Examining contemporary LGBTQ litigation, this Essay shows how winning through losing, which is contingent on factors advocates assess before litigating, only makes sense within a less juriscentric and more multidimensional approach....

10 Oct 2025

Civil-Rights Law

Essay

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Every Court Everywhere All at Once

Jack Lienke

Rulemaking agencies have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their risk of getting sued. They do now, thanks to Ohio v. EPA. This Essay traces that decision’s odd origins and troubling implications.

09 Sep 2025

Administrative Law

Essay

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Restricted Charitable Gifts to the Government

Reid Kress Weisbord & Christiana Markella de Borja

This Essay examines the overlooked long-term costs generated by restricted charitable gifts to the government. It reveals that gift compliance disputes are surprisingly frequent and costly to litigate. The authors propose that governments adopt gift acceptance policies that subject donor-imposed restrictions to rigorous review, public comment, and formal approval.

07 Jul 2025

Tax