Comment

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Comment
Arbitration and Title VII Pattern-or-Practice Claims After Epic Systems
Simon Jacobs
S.B. 2014, The University of Chicago; J.D. Candidate 2022, The University of Chicago Law School.

Thank you to the editors of the University of Chicago Law Review, especially Sam Kane, Jay Clayton, and Kelly Gregg, and Professors Randall Schmidt and James Whitehead.

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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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88.1
A Class of One: Multiracial Individuals Under Equal Protection
Desirée D. Mitchell
B.A. 2018, Brigham Young University; J.D. Candidate 2021, The University of Chicago Law School.

For centuries, mixed-race Americans have felt a sense of isolation as unique as their racial makeup. Whether society perceived a multiracial person as White or non-White could determine everything from whom they could marry to which jobs they could work to which areas and homes they could live in.

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87.8
“What Shall I Give My Children?”: Installment Land Contracts, Homeownership, and the Unexamined Costs of the American Dream
Caelin Moriarity Miltko
BA 2017, University of Notre Dame; JD Candidate 2021, The University of Chicago Law School.

I’d like to thank Professor Lior Strahilevitz for his insightful comments on an earlier draft, without which this Comment would not exist in this form at all. I’m also grateful to all the editors of The University of Chicago Law Review for their assistance in editing and refining this piece and to all my friends who listened to me talk about installment land contracts for months as I wrote and rewrote (and rewrote) this Comment.

A white picket fence. A house in the suburbs. 2.5 kids. There may be nothing more central to the modern conception of the American Dream than homeownership.

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87.8
A (Very) Unlikely Hero: How United States v Armstrong Can Save Retaliatory Arrest Claims After Nieves v Bartlett
Brenna Darling
BA 2016, New York University; JD Candidate 2021, The University of Chicago Law School.

In May 2019, the Supreme Court attempted to clarify the long-disputed standard for First Amendment retaliatory arrest claims. Nieves v Bartlett holds that, as a threshold matter, a plaintiff must prove a lack of probable cause for their arrest, but that a “narrow qualification”—an exception to the probable cause burden—“is warranted for circumstances where officers have probable cause to make arrests, but typically exercise their discretion not to do so.”