Recent Developments

Volume 74, Issue 6 is out now! Check out the PDFs to the print book here and the Forum here!

Each year, AULR proudly hosts a Federal Circuit Symposium composed of various panels to discuss developing legal issues exclusive to the Federal Circuit. This year, the Symposium will be held in Claudio Grossman Hall on Friday, November, November 7th from 8:30 am to 4:30 pm EST. The keynote speakers will be Judge Sharon Prost, United States Court of Appeals for the Federal Circuit and Judge Doris Johnson Hines, United States International Trade Commission. We hope to see you there!

Registration is required: Register Here

Recent Articles

Inhospitable: Third Party Liability for Sex Trafficking in the Hospitality Sector

71 Am. U. L. Rev. F. 137 (2022).

By Tessa Zavislan*
...

In Memoriam: Egon Guttman

71 Am. U. L. Rev. 825 (2022).

By AU Law Review
...

Taxing Sports

71 Am. U. L. Rev. 845 (2022).

By John T. Holden* & Kathryn Kisska-Schulze**
...

Are the Federal Rules of Evidence Unconstitutional?

71 Am. U. L. Rev. 911 (2022).

By Ethan J. Leib*
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).

By Inara Scott,* Elizabeth Brown,** and Eric Yordy***
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)

By Howard M. Wasserman* & Charles W. "Rocky" Rhodes**
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)

By Madeline Bergstrom*
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)

By Kathleen Hanley*
Copyright law for fictional characters has been inconsistent since the first character copyright case in 1930. The lack of explicit statutory protecti ...

When a Second Chance Gets a Second Chance: Reasonableness Review Reigns for Motions Under Section 404(B) of The First Step Act on Appeal

71 Am. U. L. Rev. 1183 (2022).

By Patrick W. Riley*
The First Step Act of 2018 was an historic criminal justice reform bill that, among its many provisions, retroactively reduced the disparity in senten ...

Faulty Pipeline and the Holey Shale: The Fundamental Trespass of Fracking

71 Am. U. L. Rev. F. 95 (2022).

By J.E. Mills*
Anglo-American courts, perhaps more than any others, hold property rights in extremely high regard. Of those rights, the right to exclude others is th ...