Content Posted in 2023
40 Acres and a Mule: Accountability for Corporations to Provide Reparations to Historically Black Colleges and Universities for Profits from Slave Labor, Meghan K. Marks
Academic Discourse and Proprietary Rights: Putting Patents in Their Proper Place, Margo A. Bagley
A Child’s Constitutional Right to Family Integrity and Counsel in Dependency Proceedings, Rachel Kennedy
A "Chinese Wall" at the Nation's Borders: Justice Stephen Field and The Chinese Exclusion Case, Polly J. Price
Activism By Any Other Name: Stakeholder Capitalism, ESG, and Political Pushback, Kameron St Clare
Addiction and Liberty, Matthew B. Lawrence
Addressing the Retirement Crisis with Shadow 401(k)s, Deepa Das Acevedo
A Functional Theory of Congressional Standing, Jonathan R. Nash
Against the "Safety Net", Matthew B. Lawrence
A Jewish Law View of World Law, Michael J. Broyde
Antidiscrimination and Tax Exemption, Alex Zhang
Are Threats to Impose Financial Sanctions an Effective Approach for the United States to Protect LGBTQ Rights in Africa?, Ryan J. McElhose
A Settlement In Crisis: How In Re Opioid Litigation Fails To Put People Before Corporations, Gabrielle Hunter
"A Strange Liking": Our Admiration for Criminals, Martha Grace Duncan
Autonomy and Privacy: Protecting Patients from Their Physicians, Mary Anne Bobinski
Beyond Abstraction: The Law and Economics of Copyright Scope and Doctrinal Efficiency, Matthew Sag
Beyond Equality and Discrimination, Martha Albertson Fineman
Climate Security Insights from the COVID-19 Response, Mark P. Nevitt
Constraining Corporate Law Principles in Affiliate World, Anita K. Krug
Consumer Uncertainty in Trademark Law: An Experimental Investigation, Barton Beebe, Roy Germano, Christopher Jon Sprigman, and Joel H. Steckel
Copyright Trolling, An Empirical Study, Matthew Sag
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?, Mark P. Nevitt and Robert V. Percival
Delegating Climate Authorities, Mark P. Nevitt
Deputizing Family: Loved Ones as a Regulatory Tool in the “Drug War” and Beyond, Matthew B. Lawrence
Disclosure Procedure, Andrew K. Jennings
Economic Efficiency versus Public Choice: The Case of Property Rights in Road Traffic Management, Jonathan R. Nash
Equality Offshore, Martin W. Sybblis
Follow-Up Enforcement, Andrew K. Jennings
Framing Effects and Regulatory Choice, Jonathan R. Nash
From Director Liability to Officer Liability to ESG Caremark Claims: A Natural Evolution?, Gareth McHugh
God in the Machine: A New Structural Analysis of Copyright's Fair Use Doctrine, Matthew Sag
He Said, She Said: Assessing the Post-Colonial Legacy on Somalia’s Rape Laws, Natalia W. Nyczak
How the Dissent Becomes the Majority: Using Federalism to Transform Coalitions in the U.S. Supreme Court, Tonja Jacobi and Vanessa A. Baird
How to Govern A City On A Hill: The Early Puritan Contribution to American Constitutionalism, John Witte Jr.
Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du
Ideology and Exceptionalism in Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, and Maxim Sytch
In Contracts We Trust (and No One Can Change Their Mind)! There Should Be No Special Treatment for Religious Arbitration, Michael J. Broyde and Alexa J. Windsor
Inherently Incompatible: The Irreconcilable Tension Between Corporate Negligence Claims and the Federal Tort Claims Act, Veronica J. Finkelstein
Inside Out, Upside Down: Circuit Court Confusion Over Character Copyrightability, Caitlin E. Oh
In Slime and Darkness: The Metaphor of Filth in Criminal Justice, Martha Grace Duncan
Internet Business Model Patents: Obvious by Analogy, Margo A. Bagley
Is Climate Change a Threat to International Peace and Security?, Mark P. Nevitt
Is There a New Extraterritoriality in Intellectual Property?, Timothy R. Holbrook
Jewish Law Courts in America: Lessons Offered to Sharia Courts by the Beth Din of America Precedent, Michael J. Broyde
Judicial Choice among Cases for Certiorari, Tonja Jacobi and Álvaro Bustos
Judicial Conflicts and Voting Agreement: Evidence from Interruptions at Oral Argument, Tonja Jacobi and Kyle Rozema
Law, Growth, and the Identity Hurdle: A Theory of Legal Reform, Martin W. Sybblis
Legal Movements in Intellectual Property: TRIPs, Unilateral Action, Bilateral Agreements, and HIV/AIDS, Margo A. Bagley
Making Deflection the New Diversion for Drug Offenders, Kay L. Levine, Joshua C. Hinkle, and Elizabeth Griffiths
Mega-Constellations: Disrupting the Space Legal Order, Steven E. Grotch
Miranda 2.0, Tonja Jacobi
No-Fault Vaccine Injury Compensation Systems Adopted Pursuant to the COVID-19 Public Health Emergency Response, Sam Halabi, Katherine Ginsbach, Katie Gottschalk, John Monahan, and Judith Murungi
Null Preemption, Jonathan R. Nash
Off-Label Speech, David A. Simon
Oral Argument in the Time of COVID: The Chief Justice Plays Calvinball, Tonja Jacobi, Timothy R. Johnson, Eve M. Ringsmuth, and Matthew Sag
Ostracism and Democracy, Alex Zhang
Personal Jurisdiction and the Fairness Factor(s), Megan M. La Belle
Procedural Triage, Matthew B. Lawrence
Promoting Innovation, Matthew Sag and Spencer Weber Waller
Prosecution in 3-D, Kay L. Levine and Ronald F. Wright
Protecting State Constitutional Rights from Unconstitutional Conditions, Kay L. Levine, Jonathan R. Nash, and Robert A. Schapiro
Reflections on the Effects of Federalism on Opioid Policy, Matthew B. Lawrence
Religious Alternative Dispute Resolution in Israel and Other Nations With State-Sponsored Religious Courts: Crafting a More Efficient and Better Relationship Between Rabbinical Courts and Arbitration Law in Israel, Michael J. Broyde and Ezra Ives
Religious Freedom, Democracy, and International Human Rights, John Witte Jr. and M. Christian Green
Risk and Rationality: The Centers for Disease Control and the Regulation of HIV-Infected Health Care Workers, Mary Anne Bobinski
Saving SPACs from the SEC’s Potentially Ruinous Overreach, Carson S. Clear
Section 1115 Waivers: Innovation Through Experimentation, or Stagnation Through Routine?, Nicole Johnson
Shareholder Inspection Rights: From Credible Basis to Rational Belief, Lynn Bai
Shareholders United?, Andrew K. Jennings
Sovereign Immunity Tests Bankruptcy’s Least Contested Axioms, Deborah L. Thorne and Luke L. Sperduto
Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases, Deepa Das Acevedo
Status, Subject, and Agency in Innovation, Kali Murray
Stifling Innovation: How Global Data Protection Regulation Trends Inhibit the Growth of Healthcare Research and Start-Ups, Ryan Preston
Supreme Irrelevance: The Court’s Abdication in Criminal Procedure Jurisprudence, Tonja Jacobi and Ross Berlin
Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo
Taking Laughter Seriously at the Supreme Court, Tonja Jacobi and Matthew Sag
Teaching Bankruptcy Valuations to Law Students and Other Unnatural Acts, Jack F. Williams
The Commander in Chief's Authority to Combat Climate Change, Mark P. Nevitt
The Fresh Start Paradox: Economic Disaster Relief Available to Title 11 Debtors, Kellsie Davis Ruane
The Health Insurance Debate in Canada: Lessons for the United States?, Mary Anne Bobinski
The Hidden Influence of Jewish Law on the Common Law Tradition: One Lost Example, Michael J. Broyde
The Intimacy Discount: Prosecutorial Discretion, Privacy, and Equality in the Statutory Rape Caseload, Kay L. Levine
The Irrepressible Influence of Byrd, Richard D. Freer and Thomas Arthur
The Market-Essential Role of Corporate Climate Disclosure, George S. Georgiev
The Morality of Compulsory Licensing as an Access to Medicines Tool, Margo A. Bagley
The Morality of Human Rights: A Nonreligious Ground?, Michael J. Perry
The More Things Change, the More They Stay the Same: Implications of Pfaff v. Wells Electronics, Inc. and the Quest for Predictability in the On-Sale Bar, Timothy R. Holbrook
The Need for Speed (and Grace): Issues in a First-Inventor-to-File World, Margo A. Bagley
The New Legal Landscape for Text Mining and Machine Learning, Matthew Sag
The Prehistory of Fair Use, Matthew Sag
The Remaking of the Supreme Court: Implications for Climate Change Litigation & Regulation, Mark P. Nevitt
The Return of Lost Property According to Jewish & Common Law: A Comparison, Michael J. Broyde and Michael Hecht
The Rights of Stateless Children Born from Cross-Border Reproductive Care, Carson Cook
The SEC’s Climate Disclosure Rule: Critiquing the Critics, George S. Georgiev
The Social Foundations of Law, Martha Albertson Fineman
The Supreme Court and the 117th Congress, Andrew K. Jennings and Athul K. Acharya
The Supreme Court's Quiet Revolution in Induced Patent Infringement, Timothy R. Holbrook
The Three Uses of the Law: A Protestant Source of the Purposes of Criminal Punishment, John Witte Jr. and Thomas C. Arthur
The Travesty of The US News Rankings: How Legal Education Should Be Measured, Reuben Guttman and Gregg Ivers
To Prohibit Free Exercise: A Proposal for Judging Substantial Burdens on Religion, Eric H. Wang
Two Constitutional Rights, Two Constitutional Controversies, Michael J. Perry
Universities Inadvertently Permit “Toxic” Environments: Free Speech and Private Institutions, Taylor Bernard
Victims’ Rights in the Diversion Landscape, Kay L. Levine
Virtually Inaccessible: Resolving ADA Title III Standing in Click-and-Mortar Cases, Saxon S. Kagume
Vulnerability and Inevitable Inequality, Martha Albertson Fineman
Women, International Human Rights Law, and the Right to Adequate Housing in Africa, John Mukum Mbaku
Women, Poverty, Access to Health Care, and the Perils of Symbolic Reform, Mary Anne Bobinski and Phyllis Griffin Epps
Workable Antitrust Law: The Statutory Approach to Antitrust, Thomas Arthur
Yellow Light: ESG Investing, A Caution to Fast Fashion Brands, Ka’myia Gunn