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Volume 76, Issue 2


Abortion Pills

by  David S. Cohen, Greer Donley & Rachel Rebouché

Abortion is now illegal in roughly a third of the country, but abortion pills are more widely available than ever before. Clinics, websites, and informal networks facilitate the distribution of abortion pills, legally and illegally, across the United States, while anti-abortion advocates and legislators are adopting all manner of strategies to attack pills. This Article…


Conspiracy Jurisdiction

by  Naomi Price & Jason Jarvis

Conspiracy jurisdiction is the theory that a defendant may be subject to personal jurisdiction in the forum state based on actions taken in furtherance of a conspiracy. What makes conspiracy jurisdiction unique is that as long as the acts of a co-conspirator were directed at the forum state, other members of the conspiracy may be…


(Extra)ordinary Tort Law: Evaluating the Federal Tort Claims Act as a Constitutional Remedy

by  Olivia Goldberg

Shortly after the Bivens remedy was born, the Federal Tort Claims Act nearly killed it. In Carlson v. Green, the United States argued that an implied constitutional remedy was no longer necessary because Congress had amended the FTCA to cover intentional torts. The Supreme Court disagreed, and Bivens survived. Today, Bivens is alive but showing…

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Recent Online Essays

Abortion, Blocking Laws, and the Full Faith and Credit Clause

In recent months, California and Washington have enacted statutes forbidding private corporations in their states from cooperating with other states’ efforts to enforce abortion bans. In this Essay, Haley Amster argues that such “blocking laws” do not violate the Full Faith and Credit Clause, and are constitutionally permissible.

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Interpreting Obstruction: The Capitol Riot & Donald Trump

The statute governing obstruction of an official proceeding—one of the charges brought against January 6 defendants and then-President Trump—faces a moment of reckoning. This Essay by Stanford J.D. candidate Jennifer L. Portis identifies a novel interpretation: § 1512(c)(2) reaches only direct obstruction, not those individuals who obstruct the official proceeding through another person's conduct.

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Long-Term Immunity: Protecting Drug Developers from Liability for Late–Occurring Serious Reactions to Emergency Vaccines

In this Essay, Aliya Sternstein of Georgetown University Law Center argues that an international body must set a standard, five-year window, after an emergency vaccine is administered and when the recipient can seek compensation for an injury. Sternstein further argues that emergency vaccine developers should receive immunity against liabilities except for willful misconduct.

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A Congressional Incapacity Amendment to the United States Constitution

In this Essay, Prof. John J. Martin of the University of Virginia School of Law argues for a Congressional Incapacity Amendment to the Constitution, modeled on the Twenty-Fifth Amendment's provisions for Presidential incapacity.

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On Sordid Sources in Second Amendment Litigation

In this Essay, Prof. Jacob D. Charles of Pepperdine University Caruso School of Law considers the use of history and tradition in firearm regulation following the Supreme Court's Bruen decision. He argues that courts should use an "Abstraction Approach" in considering historical analogues to modern regulations.

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