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Volume 89.4
In Need of Better Material: A New Approach to Implementation Challenges Under the IDEA
Annie Kors
B.A. 2018, Yale University; J.D. Candidate 2023, The University of Chicago Law School.

Thank you to Professor Emily Buss for thoughtful feedback throughout this process and to the incredible editors of the Law Review

How far may a school district deviate from the services specified in an IEP and remain in compliance with the IDEA? In other words, how much of the adequate written plan is the student in fact entitled to receive? There are two existing approaches to failure-to-implement cases: the materiality approach and the per se test. This Comment argues that both approaches are flawed.

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Volume 89.4
The Constitutionality of Orthodoxy: First Amendment Implications of Laws Restricting Critical Race Theory in Public Schools
Dylan Salzman
B.A. 2019, Middlebury College; J.D. Candidate 2023, The University of Chicago Law School

I would like to thank Professors Geoffrey Stone, Aziz Huq, and Genevieve Lakier for their guidance. Additional thanks go to the editors and staff of the University of Chicago Law Review for their thoughtful advice and insight. 

This Comment argues that existing doctrine supports recognizing a student right to be free from political orthodoxy in public education. It proposes a burden-shifting test for vindicating that right.

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Volume 89.3
Neither Here nor There: Wire Fraud and the False Binary of Territoriality Under Morrison
Jason Petty

This Comment argues that this broad domestic application of the wire fraud statute shields courts from asking whether the statute applies extraterritorially. Further, this Comment argues that courts’ domestic application of the wire fraud statute is sufficiently broad as to begin to resemble extraterritoriality because courts can almost always find sufficient domestic activity to apply the wire fraud statute.

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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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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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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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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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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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v88.6
The Legal Causes of Labor Market Power in the U.S. Agriculture Sector
Candice Yandam Riviere
J.D. Candidate, The University of Chicago Law School; Ph.D. Candidate in economics, Pantheon-Sorbonne University.

Many thanks to Professor Joshua Macey and Professor Eric A. Posner for their guidance and feedback. Thanks to my fellow Law Review editors for their meticulous comments and rigorous edits.

Llacua is one of many shepherds who move to the United States for a few months each year with an H-2A visa to work on a ranch. The H-2A program allows U.S. employers to petition to hire foreign temporary agricultural workers, provided that the employers satisfy specific regulatory requirements.