Recent Developments
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Recent Articles
Review of Veterans Law Decisions of the Federal Circuit, 2021 Edition
71 Am. U. L. Rev. 1619 (2022).
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Year in Review: The Federal Circuit’s 2021 Government Contract Law Decisions
71 Am. U. L. Rev. 1699 (2022).
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Are the Federal Rules of Evidence Unconstitutional?
71 Am. U. L. Rev. 911 (2022).
The Federal Rules of Evidence (FRE) rest on an unacceptably shaky constitutional foundation. Unlike other regimes of federal rulemaking—for Civil Proc ...
First Do No Harm: Revisiting Meriwether v. Hartop and Academic Freedom in Higher Education
71 Am. U. L. Rev. 977 (2022).
Although the nature and extent of academic freedom has been subject to analysis for over a century, recent developments underscore the need to reconsi ...
Solving the Procedural Puzzles of the Texas Heartbeat Act and Its Imitators: The Limits and Opportunities of Offensive Litigation
71 Am. U. L. Rev. 1029 (2022)
The Texas Heartbeat Act, enacted in 2021 as Senate Bill 8 (S.B. 8), prohibits abortions following detection of a fetal heartbeat, a constitutionally i ...
An Apple a Day Keeps Educational Malpractice Lawsuits at Bay: Applying Principles of Medical Malpractice’s “Locality Rule” to Deconstruct the Academic Abstention Doctrine
71 Am. U. L. Rev. 1105 (2022)
Education serves as one of the most impactful and purposeful tools in American society. However, the United States education system suffers from many ...
Character Copyrightability in Chaos: How Unclear Character Copyright Tests Lead to Improper Results
71 Am. U. L. Rev. 1145 (2022)
Copyright law for fictional characters has been inconsistent since the first character copyright case in 1930. The lack of explicit statutory protecti ...
Inhospitable: Third Party Liability for Sex Trafficking in the Hospitality Sector
71 Am. U. L. Rev. F. 137 (2022).