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v88.6
The Scope of Evidentiary Review in Constitutional Challenges to Agency Action
Conley K. Hurst
B.A. 2017, Washington and Lee University; M.St. 2018, University of Oxford; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to Professors Ryan Doerfler and Jennifer Nou for their helpful feedback during the drafting process.

Presidents have increasingly turned to the administrative state to implement their political agendas.

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v88.6
In Search of Ordinary Meaning: What Can Be Learned from the Textualist Opinions of Bostock v. Clayton County?
Sam Capparelli
B.S. 2018, The George Washington University; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to Professor Brian Leiter, Samuel Kane, Crofton Kelly, Tony Leyh, Jennifer Chang, Tony Alessi, Kelly Gregg, George Colligan, and all of the editors of the University of Chicago Law Review for their comments and advice.

What is the meaning of the phrase “discriminate because of sex”? This was the key question the Supreme Court faced in Bostock v. Clayton County.

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v88.6
Federal Corporate Law and the Business of Banking
Lev Menand
Lecturer in Law and Academic Fellow, Columbia Law School.

We thank Dan Awrey, Lucian Bebchuk, Ryan Bubb, Jeff Gordon, David Grewal, Bob Hockett, Howell Jackson, Rob Jackson, Lina Khan, Joshua Macey, Gillian Metzger, Saule Omarova, Ganesh Sitaraman, Joe Sommer, Mike Townsley, Art Wilmarth, and the participants in the 22nd Annual Law & Business Conference at Vanderbilt Law School, the Wharton Financial Regulation Workshop, the Columbia Law School Blue Sky Workshop, and the 11th Labex ReFi-NYU-SAFE/LawFin Law & Banking/Finance Conference for their helpful comments and insights.

Morgan Ricks
Professor of Law and Enterprise Scholar, Vanderbilt University Law School.

It is a bedrock (though still controversial) principle of U.S. business law that corporate formation and governance are the province of state, not federal, law.

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v88.6
Asymmetric Subsidies and the Bail Crisis
John F. Duffy
Samuel H. McCoy II Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of Law.
Richard M. Hynes
John Allan Love Professor of Law and Nicholas E. Chimicles Research Professor of Business Law and Regulation, University of Virginia School of Law.

We thank Josh Bowers, Kellen Funk, Sandra Mayson, John Monahan, Megan Stevenson, Stephen Ware and workshop participants at the University of Virginia and at the Scalia Law School of George Mason University for valuable comments. We thank Christian Fitzgerald, Ariel Hayes, Caitlyn Koch, Molly Mueller, and Louis Tiemann for valuable research assistance. We also thank Paul Prestia for responding to our inquiry on a factual matter. All errors remain our own.

The last several years have seen “a truly astounding” and “unprecedented” outpouring of scholarship and commentary decrying the large number of individuals held in pretrial detention, measuring the negative social consequences of such detention, and debating what to do about it.

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The Pigouvian Constitution
Peter N. Salib
Climenko Fellow and Lecturer on Law, Harvard Law School.

Thank you to William Baude, Omri Ben-Shahar, Joseph Blocher, Joshua Braver, Kiel Brennan-Marquez, Jacob Bronsther, Ryan Copus, Andrew Manuel Crespo, Gregory Elinson, Richard H. Fallon, Jr., Jacob E. Gersen, Daniel Hemel, Louis Kaplow, Guha Krishnamurthi, Jonathan S. Masur, Alexander Platt, Blaine G. Saito, Steven Shavell, Matthew C. Stephenson, Lior J. Strahilevitz, Susannah Barton Tobin, Laura Weinrib, Sarah Winsberg, Carleen Zubrzycki, and the participants in the Harvard Law and Economics Workshop for valuable comments and suggestions. Thanks also to Michael Hornzell for excellent research assistance. Finally, thanks to the editors of the University of Chicago Law Review for their hard work and insightful comments.

Gun deaths are on the rise in the United States, recently reaching levels not seen since the 1970s. Fake news is spreading like wildfire across social media, damaging reputations and confusing voters.

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v88.4
Removing Interpretative Barnacles: Counterclaims and Civil Forfeiture
Nicholas Hallock
B.A. 2017, Columbia University; J.D. Candidate 2022, The University of Chicago Law School

Thanks to Professor William Hubbard and Ramon Feldbrin for thoughtful feedback.

The Pueblo of Pojoaque is a Native American tribe in northern New Mexico. Its reservation has a population of 2,712, and, like many tribes, the Pueblo of Pojoaque operates multiple casinos and resorts.

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v88.4
Vindicating the Right to Be Heard: Due Process Safeguards Against Government Interference in the Clemency Process
Jay Clayton
B.A. 2016, Swarthmore College; J.D. Candidate 2022, The University of Chicago Law School

Many thanks to The University of Chicago Law Review editors and Professor John Rappaport for their help and advice.

In 2020, the U.S. federal government carried out ten exe-cutions, more than in any year since 1896. In a single week in January 2021, it carried out three more.

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v88.4
Federal Rules of Platform Procedure
Rory Van Loo
Associate Professor of Law, Boston University; Affiliated Fellow, Yale Law School Information Society Project

For valuable input, I am grateful to Hannah Bloch-Wehba, Kiel Brennan-Marquez, Danielle Citron, Julie Cohen, Christina Koningisor, Megan Ericson, Nikolas Guggenberger, Thomas Kadri, Daphne Keller, Louis Kaplow, Mark Lemley, Ngozi Okidegbe, Przemysław Pałka, Mitchell Polinsky, Steven Shavell, David Walker, editors at The University of Chicago Law Review, and participants at Boston University School of Law faculty workshop, Brooklyn Law School faculty workshop, Harvard Law and Economics Seminar, Junior Tech Law Scholars workshop, and Stanford Law and Economics Seminar. Brianne Allan, Jacob Axelrod, Samuel Burgess, Leah Dowd, Derek Farquhar, Shecharya Flatte, Chris Hamilton, Jack Langa, Kathleen Pierre, Tyler Stites, and Gavin Tullis provided excellent research assistance.

In the fall of 2017, the world’s largest social network put hundreds of women in “Facebook jail,” indefinitely suspending their accounts for posting “men are scum.”

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v88.4
Deal Protection Devices
Albert H. Choi
Professor of Law, University of Michigan Law School

I would like to thank workshop participants at the law schools of Columbia University, University of Michigan, and University of Southern California; conference participants at the 2018 Trans-Pacific Business Law Conference and the 2020 Winter Deals Conference; and particularly Dhruv Aggarwal, Adam Badawi, Elisabeth de Fontenay, Joel Friedlander, Jeff Gordon, Michael Knoll, Vice Chancellor Travis Laster, Brian Quinn, and Bob Scott for many helpful comments and suggestions. Comments are welcome to alchoi@umich.edu.

On April 12, 2018, two wholesale office supply companies, Genuine Parts Corporation (GPC) and Essendant, Inc., agreed to combine their office supply businesses in order to better compete against e-commerce sellers, such as Amazon.com, Inc.

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v88.2
The Corpus and the Critics
Thomas R. Lee
Associate Chief Justice of the Utah Supreme Court and Distinguished Lecturer in Law at Brigham Young University J. Reuben Clark Law School, Lecturer on Law at Harvard Law School, and Lecturer in Law at The University of Chicago Law School.

The authors acknowledge the editorial input of James Heilpern and Benjamin Lee, who contributed to an early draft of this paper, and express thanks to those who commented on earlier drafts or offered insights in response to presentations in various conferences, symposia, and talks. Thanks to the Association of American Law Schools and Brigham Young University, who each sponsored conference sessions at which the ideas in this piece were initially vetted. Thanks also to Seth Cannon, Brian Casper, Dante Chambers, Spencer Crawford, Josh Jones, Zachary Lutz, Christopher Melling, Elizabeth Nielson, Monick Perone, Jackson Skinner, and Kyle Tanner for their able research assistance.

Stephen C. Mouritsen
Shareholder at Parr Brown Gee & Loveless and Adjunct Professor at Brigham Young University J. Reuben Clark Law School.

A decade ago we proposed the use of the tools of corpus linguistics in the interpretation of legal language.