American University Law Review

Articles from Vol. 68, No. 2, 2018

Beyond Balancing: Rethinking the Law of Embryo Disposition
IntroductionSofia Vergara's legal troubles have revitalized interest in the law surrounding embryo disposition.1 Vergara's ex-fiancé, Nick Loeb, brought national attention to the issue in 2015 when he filed a lawsuit to protect and bring to term, two...
Extraterritoriality of Antitrust Law: Applying the Supreme Court's Analysis in Rjr Nabisco to Foreign Component Cartels
INTRODUCTIONConsider a product owned by ninety-five percent of American adults today: the cellphone.1 Now consider all the small, technological parts that go into making that cellphone work. In a globalized market, where supply chains grow longer and...
Playing outside the Joints: Where the Religious Freedom Restoration Act Meets Title VII
IntroductionYou just returned from your honeymoon with your new wife. You are excited to get back to work, but when you arrive, you notice your name is no longer outside of your office and your key does not fit in the lock. You go to the Vice President...
Qualified Immunity after Ziglar V. Abbasi: The Case for a Categorical Approach
IntroductionAfter the September 11, 2001 attacks, federal officials arrested and detained over seven hundred undocumented aliens.1 Many detainees were held for several months before being cleared of involvement in the attacks.2 They sued the Attorney...
Reform of Section 355
IntroductionIn 1986, Congress enacted major tax reform legislation, but section 355 was not reformed as part of the Tax Reform Act of 1986. In 2017, Congress again enacted major tax reform legislation, but similar to 1986, Congress did not amend section...
Using the Supreme Court's Enigmatic Commerce Clause Holding in Sebelius to Challenge Congress's Broken Renewable Fuel Standard
The EPA asserts that more E15 gasoline must be blended in order for producers to meet the RFS, true? . . . Let me ask you, do you think we are headed for a train wreck, as currently defined by Congress?"- Representative Paul Gosar1"I am not aware of...
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