The SCORE Act Is Unconstitutional: Private Nondelegation Problems with Congress’s Latest Attempt to Regulate College Sports

The Student Compensation and Opportunity through Rights and Endorsements Act (“SCORE Act”) is Congress’s most ambitious effort yet to bring stability to college sports, codifying the recent House settlement while granting sweeping regulatory power to private athletic associations such as the National Collegiate Athletic Association (“NCAA”) and the College Sports Commission (“CSC”). However, by delegating policymaking authority to these private, self-interested entities without any sort of public oversight, the bill raises serious constitutional concerns under the private nondelegation doctrine. Drawing… Read More

Shoot the Messenger: Why Section 230 Does Not Shield Suggestive Content Delivery

Internet companies have frequently relied on Section 230 of the Communications Decency Act of 1996 to avoid liability for third-party content hosted on their platforms. Undoubtedly, many aspects of the internet would be unrecognizable without Section 230, as it has played a major role in allowing free-flowing public expression. Internet companies would have struggled to grow their platforms if they could be held liable for defamatory statements made by others. However, over time, companies began to take advantage of the broad cover of Section 230 in circumstances outside the statute’s original scope. One example is Section 230’s application to recommendation algorithms.

Remedying Unconstitutional Immigration Enforcement

Fearmongering about “illegal immigration” has reached a fever pitch. There is a nearing bipartisan consensus among politicians that “stopping illegal immigration and securing the border” is a paramount priority. The fact that many politicians and institutional actors have displayed animus in discussing immigration enforcement portends that many perils lie ahead. It is precisely during this time that constitutional rights must serve as a bulwark against government overreach. This Essay contends that our constitutional rights framework, specifically its principal remedies for… Read More

The Service’s Overgenerous Tax Treatment of Crowdfunding

The Internal Revenue Service released a fact sheet that defines crowdfunding as a method to raise money on websites by soliciting contributions from a large number of people. This article considers how crowdfunding is treated for tax purposes and argues that, contrary to the fact sheet’s determination, all donations collected by commercial websites should be income to the recipient.

Correcting Course: How Congress Can Streamline U.S. Engagement with the International Criminal Court

Since its participation in the 1998 Rome Conference, the United States has vocalized opposition to key components of the International Criminal Court’s (ICC) jurisdiction. This opposition has informed longstanding positions taken by the executive branch and motivated anti-ICC legislation passed by Congress. Support for the ICC’s investigation in Ukraine challenged these narratives across the legislative and executive branches, but the ICC’s arrest warrants of Israeli officials in 2024 renewed Congress’s heightened skepticism of the court and sowed political divisions on… Read More

The Federal Maritime Commission’s New Framework for Ocean Carrier Accountability: Analysis of the MCS Industries and OJ Commerce Decisions

This article examines two 2024 Federal Maritime Commission (FMC or “Commission”) cases that significantly impact the interpretation of ocean carrier accountability under the Shipping Act of 1984: MCS Industries, Inc. v. COSCO Shipping Lines Co. Ltd. and OJ Commerce, LLC v. Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft A/S & Co. KG. This article argues that the FMC, whose mission is to “[e]nsure a competitive and reliable international ocean transportation supply system that supports the U.S. economy and protects the public from unfair and… Read More