Volume 109 / Issue 1

Severability First Principles

The United States Supreme Court has decided a number of cases involving severability in the last decade, from NFIB v. Sebelius and Murphy v. NCAA to Seila Law v. CFPB, Barr v. AAPC, United States v. Arthrex, California v. Texas, and Collins v. …

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Volume 109 / Issue 1

Property’s Boundaries

Property law has a boundary problem. Courts are routinely called upon to decide whether certain kinds of things can be owned—cells, genes, organs, gametes, embryos, corpses, personal data, and more. Under prevailing contemporary theories of property …

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Volume 109 / Issue 1

Government’s Religious Hospitals

States are not supposed to own or operate religious institutions, but they now do. This Article uncovers that across the country, church and state have merged, joint ventured, and contracted to form public, yet religious, hospitals. It traces the …

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Volume 109 / Issue 1

Searching for a Meaning: The Enigmatic Interpretation of Virginia’s Statutory Ban on Warrantless Searches

The modern U.S. Supreme Court tells us that the touchstone of the Fourth Amendment is reasonableness. That proposition flows logically enough from the Amendment’s text and helps explain why there are so many situations in which law enforcement does …

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Volume 107

Some Notes on Courts and Courtesy

This Essay is a short reflection on misgendering by judges, told through a critical assessment of three cases from the Fifth and Eighth Circuits: Gibson v. Collier, United States v. Varner, and United States v. Thomason. In the trio, judges refused …

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State Abortion Bans: Pregnancy as a New Form of Coverture

In June, when the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization holding that there was no constitutional right to an abortion, the Court was hasty to disavow any likely political consequences. “We do not pretend …

By Caren Myers Morrison
108 Va. L. Rev. Online 381

The Small and Diversifying Network of Legal Scholars: A Study of Co-Authorship from 1980–2020

This Essay reports the first comprehensive network analysis of legal scholars connected through co-authorship. If legal scholarship was ever a solitary activity, it certainly is not any longer. Co-authorship has become increasingly common over time, …

By Andrew T. Hayashi
108 Va. L. Rev. Online 343

A Silver Lining to Russia’s Sanctions-Busting Clause?

In 2018, Russia began inserting an unusual clause into euro and dollar sovereign bonds, seemingly designed to circumvent future Western sanctions. The clause worked by letting the government pay in roubles if sanctions cut off access to dollar and …

By Michael Bradley, Irving de Lira Salvatierra, W. Mark C. Weidemaier & Mitu Gulati
108 Va. L. Rev. Online 326