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Volume 89.1
The Power of Attorneys: Addressing the Equal Protection Challenge to Merit-Based Judicial Selection
Zachary Reger
B.J. & B.A. 2017, University of Missouri; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to the staffers and editors of the University of Chicago Law Review for their helpful comments on this piece.

This Comment responds to the equal protection challenge to merit selection. It argues that merit selection is constitutional by way of multiple exceptions, both recognized and implicit, to the “one person, one vote” principle. And though critics of merit selection often couch their arguments in prodemocratic terms, this Comment argues that merit selection—like the “one person, one vote” principle—promotes rather than thwarts the will of the people.

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Volume 88.8
In Defense of 5G: National Security and Patent Rights Under the Public Interest Factors
Kenny Mok
B.A. 2016, Northwestern University; J.D. Candidate 2021, The University of Chicago Law School.

A big thank you to Professor Jonathan Masur for his advice on this piece.

From 2017 to 2019, two U.S. technology giants, Apple and Qualcomm, engaged in a war of patent suits across the world. One battle took place at the International Trade Commission (ITC), a federal agency that prevents patent-infringing products from entering the United States.

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Volume 88.8
Intellectual Property Norms in American Theater
Kelly Gregg
B.A. 2015, Stanford University; J.D. Candidate 2022, The University of Chicago Law School.

Thank you to the editors of the University of Chicago Law Review, especially Will Strench, Conley Hurst, Henry Walter, and Tyler Wood.

Professor Robert Ellickson has proposed that a close-knit community will develop rules, customs, and traditions addressing property that maximize the group’s welfare—independent of government intervention.

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Volume 88.8
A Place Worth Protecting: Rethinking Cost-Benefit Analysis Under FEMA’s Flood-Mitigation Programs
Kelly McGee
B.A. 2017, Harvard University; J.D. Candidate 2022, The University of Chicago Law School.

Many thanks to Professor Lee Anne Fennell, Professor Jennifer Nou, Professor Mark Templeton, Phillip Kash, and the editors of the University of Chicago Law Review for their helpful conversations and insight.

In August 2017, Hurricane Harvey hit Harris County, Texas, causing $125 billion in damages and flooding 150,000 homes.

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Volume 88.8
Can Procedure Take?: The Judicial Takings Doctrine and Court Procedure
Rebecca Hansen
B.A. 2017, Brown University; J.D. Candidate 2022, The University of Chicago Law School.

Thank you to Alec Mouser, Kelly Gregg, Henry Walter, Sam Sherman, Ryne Cannon, the University of Chicago Law Review editors, and Professors Lee Fennell and Lior Strahilevitz for their help and advice.

In response to the COVID-19 pandemic, several state legislatures and executives limited the circumstances in which landlords could evict their tenants. Predictably, many of these moratoria were met with challenges under the Fifth Amendment’s Takings Clause, which prohibits the government from taking private property for public use without just compensation.

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Volume 88.8
Textual Rules in Criminal Statutes
Joshua Kleinfeld
Professor of Law and (by courtesy) Philosophy, Northwestern University.

Twenty years ago, Professor William Stuntz wrote an arti-cle, The Pathological Politics of Criminal Law, that has become a classic of the field. His thesis was that criminal law is beset by political problems (mostly collusive incentives) that cause it to steadily expand, with ever more statutes criminalizing ever more conduct, and punishing more harshly as well.

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Jeffrey Rachlinski: Man, Myth, Legend
Gregory S. Parks
Associate Dean of Strategic Initiatives & Professor of Law at Wake Forest University School of Law.

Jeffrey John Rachlinski was born June 22, 1966, in Buffalo, New York. He graduated from Frontier Central High School in Hamburg, New York, in 1983, where he participated in such activities as band, Chess Club, French Club, Math Club, Mock Trial Group, and Quiz Club.

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Tribe’s Trajectory & LGBTQ Rights
Joshua Matz
Joshua Matz is a partner at Kaplan Hecker & Fink LLP and an adjunct professor at Georgetown University Law Center. From 2014 to 2015, he served as a law clerk to Justice Anthony M. Kennedy. While attending Harvard Law School, Matz was Laurence Tribe’s research assistant and head teaching fellow. He also coauthored two books and numerous articles with Tribe, represented Tribe as an amicus curiae, and served as co-counsel with him in an array of federal constitutional cases.

I’m not sure I’ll ever live it down. I actually said—out loud, to his face, a full ten minutes into our very first conversation—“Holy smokes, you’re Larry Tribe!”

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The Scholar as Coauthor
Jonathan S. Masur
John P. Wilson Professor of Law and David & Celia Hilliard Research Scholar, University of Chicago Law School.

I thank Daniel Abebe, Anu Bradford, Adam Cox, and Jake Gersen for their helpful contributions to this essay.

The task of describing (or even hinting at) Eric Posner’s immense scholarly contributions in just a few thousand words is a daunting one.