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A Common Law for the Age of Amici: How the Party-Presentation Principle Can Help Identify Binding Precedent

Published: May 1, 2024 20:11

Two recent Supreme Court cases suggest an additional dimension for the traditional test that distinguishes dicta from holding. In the first, United States v. Sineneng-Smith, the Ninth Circuit reversed a criminal conviction based on arguments made by amici…

The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice

Published: April 23, 2024 11:43

Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a…

Collective Disagreement: The Uneasy Interaction of the FLSA and FRCP 4(k) After Bristol-Myers Squibb

Published: April 22, 2024 15:35

Across the country, due to a circuit split over the meaning of Federal Rule of Civil Procedure (“Rule”) 4(k), federal courts are enforcing the Fair Labor Standards Act (“FLSA”) inconsistently. This Note argues that, under the current state of the law, Rule…

Dependent Contractors? The Case for Giving Non-Competes a Central Role in Worker-Classification Tests Under Federal Law

Published: April 22, 2024 15:03

As legal commentators and policymakers have taken greater notice of the harms that covenants not to compete (“noncompetes”) cause workers, they have offered numerous policy proposals seeking to curb those harms. Indeed, the Federal Trade Commission…