American University Law Review

Articles from Vol. 69, No. 2, 2019

Armored Plating and Aluminum Foil Are Not like Products: Consequences of the United States' Overbroad Interpretation of Article XXI of the GATT
INTRODUCTIONImagine for a moment that you are playing a game of Monopoly with a group of friends. You pass "Go." You collect $200. You land on Park Place. You purchase the property for $350. You land on the "Go To Jail" space. You go to jail. While all...
Coming Down the Pipeline: First Amendment Challenges to State-Level "Critical Infrastructure" Trespass Laws
INTRODUCTIONIn late summer 2018, two sets of trespassing charges were filed in southern Louisiana in connection with the Bayou Bridge pipeline, a project stretching across sections of Louisiana's ecologically sensitive (and crawfish-rich) Atchafalaya...
Doing Justice: Judging and Jewish Values
The iconic image of justice is a figure-usually depicted as female-blindfolded and holding balanced scales. The artistic portrayal of blind justice dates back to fifteenth-century German manuscripts,1 and the image has been interpreted both positively...
Identifying Illegal Subsidies
INTRODUCTIONIn 2016, the European Commission dropped a bombshell-it ordered the U.S. technology giant Apple to repay Ireland subsidies of $14.5 billion, plus interest. The Commission's decision enforced the prohibition on state aid found in the Treaty...
The Power Not to Tax
INTRODUCTIONOf the many controversial features of the Trump administration's signature tax legislation, the Tax Cuts and Jobs Act of 2017 (TCJA),1 which took effect in 2018, perhaps the most contentious was the new limitation on the deductibility of...
U.S. Climate Change Law: A Decade of Flux and an Uncertain Future
IntroductionClimate change is the inescapable backdrop and impending horizon for contemporary existence. The reality of anthropogenic climate change is no longer subject to scientific debate. Greenhouse gases are accumulating in the atmosphere and the...
When Forum Selection Clauses Meet Choice of Law Clauses
INTRODUCTIONParties to contracts, particularly international contracts, desire certainty. They want to know ahead of time where they will litigate if a dispute arises and under what law. Accordingly, contracts often contain both forum selection and choice...
Working 9 to 5? Equal Protection and States' Efforts to Impose Work Requirements for Medicaid Eligibility
But there is another tradition that we share today. It calls upon us never to be indifferent toward despair. It commands us never to turn away from helplessness. It directs us never to ignore or to spurn those who suffer untended in a land that is bursting...
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