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The Constitutionality of Prohibiting Caste Discrimination
Guha Krishnamurthi
Associate Professor at the University of Maryland Francis King Carey School of Law

Guha Krishnamurthi is an Associate Professor at the University of Maryland Francis King Carey School of Law. He thanks Kevin Brown, Charanya Krishnaswami, Chan Tov McNamarah, Alex Platt, Peter Salib, Joe Thai, attendees of the University of Maryland Carey School of Law Comparative Constitutional Democracy Colloquium for helpful comments, and the editors of the Law Review Online.

The problem of caste discrimination has come into sharp focus in the United States. In the last few years, there have been several high-profile allegations and cases of caste discrimination in employment and educational settings. As a result, organizations—including governmental entities—are taking action, including by updating their rules and regulations to explicitly prohibit discrimination based on caste and initiating enforcement actions against alleged caste discrimination.

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For Bankruptcy Exceptionalism
Jared I. Mayer
Business Restructuring Associate at Ropes & Gray, LLP

Jared I. Mayer is a Business Restructuring Associate at Ropes & Gray, LLP. He received his J.D. from the University of Chicago Law School in 2021, his M.A. from Johns Hopkins University in 2018, and his B.A. from Johns Hopkins University in 2018. He thanks Professor Seymour, as well as Ryan Preston Dahl, Katharine Scott, and the editors of The University of Chicago Law Review Online for their helpful comments on earlier drafts of this Essay. The views presented in this Essay are his alone and do not reflect the views of Ropes & Gray LLP. All errors are his alone as well.

In his recent article, Against Bankruptcy Exceptionalism, Professor Jonathan M. Seymour argues that bankruptcy courts have wrongly bucked the Supreme Court’s trend toward textualism. Bankruptcy courts believe that they need to approach the Bankruptcy Code pragmatically in light of the unique dynamics inherent in bankruptcy practice and therefore adopt purposivist, equitable, or “rough justice” approaches to facilitate that kind of pragmatism—an attitude that Professor Seymour calls “bankruptcy exceptionalism.”

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Catching Wizard Spider: How a New U.N. Cybercrime Treaty Can Address Ransomware Attacks from Russia and Beyond
Katherine M. Koza
Katherine M. Koza is a J.D. Candidate at the University of Chicago Law School, Class of 2023, and the Executive Comments Editor of the Chicago Journal of International Law.

I thank the editors and staff of the University of Chicago Law Review, especially Matthew Makowski, Anson Fung, and Annie Kors. I also thank the Chicago Journal of International Law, especially Carol Zhang, Clare M. Chiodini, Michael Morgan, Keila Mayberry, and Amber Symone Stewart. I am grateful to my faculty advisor, Professor Aziz Huq, my international law professor, Professor Mary Ellen O’Connell, and the University of Chicago’s excellent international law librarian, Lyonette Louis-Jacques. I thank the American Society of International Law, International Courts and Tribunals Working Group for the opportunity to present a draft of this paper at the 2022 Works-In-Progress Conference. Finally, I thank my family for their constant love.

In June 2022, a Russian-linked ransomware group attacked the Costa Rican government, targeting over twenty-seven agencies and sending Costa Rica’s healthcare system “into a spiral.”

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John Doe Defendants: Portents of Mystery, but Perhaps Not Diversity Jurisdiction
Tyler Mikulis
Tyler Mikulis is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks Malcolm Yeary, Maggie Wells, Savannah Kostrzewa, and the University of Chicago Law Review Online team.

The Florida defendant files a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1)—asserting that the court lacks subject matter jurisdiction. Should the court grant it? More specifically, does having an anonymous John Doe as a defendant categorically preclude diversity jurisdiction?

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Revisiting the Fairness of the Fair Housing Act: Whose Consideration is Enough?
Tahnee Thantrong Monnin
Tahnee Thantrong Monnin is a Managing Editor of the University of Chicago Law Review and a J.D. Candidate in the University of Chicago Law School Class of 2023. She received her B.A. from Duke University in 2018.

She thanks Professor Lee Fennell for her thoughtful advice and insight, as well as Jay Clayton, Matthew Makowski, Claire Rice, and Virginia Robinson for their comments on previous drafts. She also thanks the incredible editors of the Law Review for their continued support and guidance.

In 1975, Lawrence Salisbury moved into his father’s mobile home, which was situated on rented land owned by the city of Santa Monica.

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Aggregating Values: Mutual Funds and the Problem of ESG
Adriana Z. Robertson
Adriana Z. Robertson is the Donald N. Pritzker Professor of Business Law at the University of Chicago Law School.
Sarath Sanga
Sarath Sanga is a Professor of Law at the Northwestern University Pritzker School of Law and the William Nelson Cromwell Visiting Professor of Law at Harvard Law School.

We thank Jill Fisch, Kate Judge, Elizabeth Pollman, Christina Skinner, David Weisbach, and the University of Chicago Law Review Online team for valuable suggestions and discussions. This Essay benefited from comments by workshop participants at the 1st Annual Women in Law & Finance Conference. Talla Khelghati provided exceptional research assistance. All errors are our own.

What does it mean for a fund to deliver ESG results to its investors?

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A Sea Change in Class Action Jurisprudence? Olean v. Bumble Bee Foods LLC and Its Implications for Certifying Classes with Uninjured Members
Katherine Weaver
Katherine Weaver is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

 She thanks Michael T. Brody for his expertise and insight, as well as Matthew Makowski, Renic Sloan, Virginia Robinson, and the University of Chicago Law Review Online team.

In April of 2022, the Ninth Circuit, sitting en banc, handed down the latest decision in its “packaged tuna antitrust saga,” with implications that have the potential to usher in a sea change to class action practice.

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Privacy Peg, Trade Hole: Why We (Still) Shouldn’t Put Data Privacy in Trade Law
Kristina Irion
Kristina Irion is Associate Professor at the Institute for Information Law (IViR) at the University of Amsterdam.
Margot E. Kaminski
Margot E. Kaminski is Associate Professor of Law at Colorado Law School and Director of the Privacy Initiative at Silicon Flatirons.
Svetlana Yakovleva
Svetlana Yakovleva is a Postdoctoral Researcher at the Institute for Information Law (IViR), University of Amsterdam, Adjunct Professor of Law at Benjamin N. Cardozo School of Law, and Senior Legal Adviser at De Brauw Blackstone Westbroek (Amsterdam).

Authors are listed in alphabetical order and contributed equally.

A Response to Profs. Anupam Chander & Paul Schwartz’s Privacy and/or Trade.

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Religious Coercion and Kennedy v. Bremerton School District
Jason T. Hanselman
Jason T. Hanselman is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks the University of Chicago Law Review Online team for its thoughtful commentary and is grateful for Kayla Parker, to whom he dedicates any and all persuasive arguments in this Case Note.

The First Amendment prohibits the state from “establish[ing]” a religion, and it is uncontroversial that this prohibition extends to so-called religious coercion.

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Can Stealthing Qualify? Navigating Rape Exceptions in States’ Abortion Bans
Erin Yonchak
Erin Yonchak is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

She thanks the exceptional editors of the University of Chicago Law Review Online team. Erin dedicates this Essay to all victims of sexual violence and to all people whose abortion access is in jeopardy.

TW: Rape, Sexual Assault
In June 2022, Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), leaving states with complete discretion in determining the legality of abortion.

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An Argument to Permit Greater Disclosure of Grand Jury Legal Instructions
Danielle Tyukody
Danielle Tyukody is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

She thanks Professor Jonathan S. Masur, Matthew Makowski, Claire Rice, Annie Kors, Lea Haddad, Dylan Salzman, and the University of Chicago Law Review Online team.

The difficulty of accurately portraying complex and nuanced aspects of the law to lay jurors is well-recognized.

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Sedlik v. Drachenberg: Is a Body Merely a Canvas?
David Doktorman
David Doktorman is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks Matthew Makowski, Renic Sloan, Annie Kors, and the University of Chicago Law Review Online team.

Tattooing is on the rise. No longer the taboo it once was, more and more Americans are opting to ink themselves as a mode of self-expression.