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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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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.

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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.