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Eliminating the FEC: The Best Hope for Campaign Finance Regulation?

The Federal Election Commission has an unenviable task. It regulates the financing of federal elections, pursuant to authority delegated by the very officials whose reelections depend in part on how...

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Act of Sept. 28, 2017

In 1975, the Illinois state legislature enacted the Illinois Abortion Act, which affirmed the state’s “longstanding policy” that an unborn child is considered a legal person from the moment of...

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Indigenous Environmental Network v. Department of State

  With a new presidential administration comes a new wave of agency policy changes. Post-election agency reversals often attract legal challenges on a theory that the policy change was “arbitrary [or]...

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Categorical Mistakes: The Flawed Framework of the Armed Career Criminal Act...

Congress fundamentally changed the punishment of federal crimes in the 1980s and almost entirely for the worse. The Comprehensive Crime Control Act of 1984 (CCCA) cabined the discretion of judges,...

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Martin v. City of Boise

When should judges protect the people, and when should they defer to them? In countless contentious cases, courts have split: majorities invalidate laws to defend rights; dissents decry the decisions...

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Tax Limits and the Future of Local Democracy

Property tax limits are state-level laws that place caps on local governments’ tax rates and revenue. These statutory limits, which put pressure on already strapped cities and counties in forty-six...

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Kahler v. Kansas

Imagine two prosecutions for murder. In both, the defendant is mentally ill. In the first, the accused “thought the victim was a dog”; in the second, the accused “thought that a dog ordered him to...

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Introduction

Yeniifer Alvarez arrived in the United States from San Luis Potosí, Mexico, in 1998, when she was three years old. Her family settled in Luling, Texas, about fifty miles south of Austin. After her...

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District Court Reform: Nationwide Injunctions

On November 18, 2022, months after the Supreme Court overturned Roe v. Wade, a group of antiabortion doctors and organizations brought suit in the U.S. District Court for the Northern District of...

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Vt. Stat. Ann. tit. 24 app., §§ 3-8 to -8a (2024)

The presumption that noncitizen immigrants cannot vote in elections is a historical anomaly. In fact, for most of United States history, immigrants without legal status could vote in local, state, and...

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