De Novo

Articles

The Most Important Decision No One Is Talking About: What Cummings Means for the Future of Civil Rights

By: Amy Cohen, Volume 107 Staff Member In what seems like a never-ending string of catastrophic rulings implicating our nation’s future and individual rights, [1]...

Life-Or-Death Legalese: the Execution of Matthew Reeves and the Dire Consequences of Poorly Targeted Legal Drafting

By: Earl Lin, Volume 107 Staff Member It is a well-known phenomenon that lawyers often communicate in their own “peculiar language . . . characterized...

Contractual Conundrum: How Health and Hospital Corporation v. Talevski Has the Potential to Gut Federal Safety Net Legislation

By: Grace Worcester, Volume 107 Staff Member The Supreme Court recently heard oral arguments in Health and Hospital Corporation of Marion County v. Talevski, [1]...

Not Flying Solo: How Southwest’s Massive Flight Cancellations Led to Several Class Action Lawsuits

By: Kyra Honkanen, Volume 107 Staff Member I. BACKGROUND Making headlines across the country, Southwest Airlines, the largest domestic airline in the U.S., [1] canceled...

The Supreme Court ‘Digs’ in Re Grand Jury: Its Decision to Dismiss the Case and Leave Attorney-Client Privilege in the Three-Circuit Balance

By: E. Isabel Park, Volume 107 Staff Member After the Supreme Court heard oral arguments in In re Grand Jury [1] on January 9, 2023...

A Race-Sympathetic Path Forward: Fourth Amendment Seizure Law and the Circuit Split on the Relevance of Race

By: Marina Berardino, Volume 107 Staff Member Despite it being well known that an individual’s race impacts his or her perceptions of and experiences with...

Food for Thought: the Emergence of Right-to-Food Legislation in the United States

By: Randa Larsen, Volume 107 Staff Member On November 2, 2021, Maine voters did something no other state in the United States has done—they approved...

The “Major Questions” Shackles: Predicting the Outcome of Department of Education v. Brown and a Warning on the Potential Consequences of a Constrained Administrative State 

By: James Carlton, Volume 107 Staff Member On February 28th, the Supreme Court will hear arguments in two cases that will decide the constitutionality of...

Objectively Reasonable Fraud?: the Supreme Court’s Upcoming Fca Decision Will Resolve Circuit Split Over Scienter Element

By: Carly Heying, Volume 107 Staff Member On January 13, 2023, after urging by the U.S. Solicitor General and Senator Chuck Grassley (R-Iowa), [1] the...