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How the Roberts Court Killed Originalism

Although there are at least five justices who identify as originalists on the Roberts Court, none of them exercise judicial review in an originalist manner, and the Roberts Court as an institution is no less or more originalist than previous Supreme Courts. The important difference between the Roberts Court and

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Child Custody Presumptions: From Fault and Gender to Equal Time

For most of history, judges have applied fault- and sex-based presumptions to decide the kinds of custody arrangements that are in children’s best interests. Now that those have been eliminated, courts have no clear guidance for deciding the custody of children other than a vague directive to do what

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Affordable Housing Cooperatives as Shared Equity Homeownership: Part II – Organizational Law, Resource Governance and a Corrective-Distributive Approach

Part II of this Article deepens the expanded view of organizational law developed in Part I with a focus on its distributive features. Using the analytical framework of entity governance, resource governance, and use and purpose governance, Part II demonstrates how these dimensions of organizational law interact to constrain the

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