Content Posted in 2023
101 Lawyers: Attorney Appearances in Twitter v. Musk, Andrew K. Jennings
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
Aligning Incentives and Cost Allocation in Discovery, Jonathan R. Nash and Joanna M. Shepherd
Alliance Politics in Corporate Debt Restructurings, Diane Lourdes Dick
America’s Public Shell Trafficking Problem: Ripe for Reprocessing, Harrison Lipsky
Antidiscrimination and Tax Exemption, Alex Zhang
A Prequel to Law and Revolution: A Long Lost Manuscript of Harold J. Berman Comes to Light, John Witte Jr. and Christopher J. Manzer
Are Threats to Impose Financial Sanctions an Effective Approach for the United States to Protect LGBTQ Rights in Africa?, Ryan J. McElhose
Artificial Intelligence Regulation, Minimum Viable Products, and Partitive Innovation, Matthew R. Gaske
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
Awakening the Law: Unmasking Free Exercise Exceptionalism, Berta Esperanza Hernández-Truyol
Back to the Sources? What’s Clear and Not So Clear About the Original Intent of the First Amendment, John Witte Jr.
Bankruptcy in the Golden Years: The Case for Increasing Exemptions for Elderly Americans, Danny Fitzpatrick
Beliefs, Information, and Institutions: Public Perception of Climate Change Information Provided by Government versus the Market, Cherie Metcalf and Jonathan R. Nash
Beyond Abstraction: The Law and Economics of Copyright Scope and Doctrinal Efficiency, Matthew Sag
Beyond Equality and Discrimination, Martha Albertson Fineman
Beyond the Rhetoric of Dirty Laundry: Examining the Value of Internal Criticism within Progressive Social Movements and Oppressed Communities, Darren L. Hutchinson
Big Banks & Small Consequences in Chapter 13, Alexandra P.E. Sickler
Challenging Law, Establishing Differences: The Future of Feminist Legal Scholarship, Martha Albertson Fineman
Changing the Subject of Sati, Deepa Das Acevedo
Climate Change and the Law of National Security Adaptation, Mark P. Nevitt
Climate Security Insights from the COVID-19 Response, Mark P. Nevitt
Cloning People: A Jewish Law Analysis of the Issues, Michael J. Broyde
"Closet Case": Boy Scouts of America v. Dale and the Reinforcement of Gay, Lesbian, Bisexual, and Transgender Invisibility, Darren L. Hutchinson
Consolidation and Innovation in the Pharmaceutical Industry: The Role of Mergers and Acquisitions in the Current Innovation Ecosystem, Joanna Shepherd
Constraining Corporate Law Principles in Affiliate World, Anita K. Krug
Consumer Bankruptcy in the Neoliberal State, Michael D. Sousa
Consumer Uncertainty in Trademark Law: An Experimental Investigation, Barton Beebe, Roy Germano, Christopher Jon Sprigman, and Joel H. Steckel
Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement for Religious Arbitration, Michael J. Broyde and Alexa J. Windsor
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
Courts Should Apply a Relatively More Stringent Pleading Threshold to Class Actions, Matthew B. Lawrence
Crimes of Suspicion, Lauryn P. Gouldin
Crossing the Abyss: A Comparative Analysis of the Enforceability of Preliminary Agreements, Marta Infantino, Larry A. DiMatteo, Jingen Wang, and Eleni Zervogianni
Defense Against the Dark Arts of Copyright Trolling, Matthew Sag and Jake Haskell
Delegating Climate Authorities, Mark P. Nevitt
Deputizing Family: Loved Ones as a Regulatory Tool in the “Drug War” and Beyond, Matthew B. Lawrence
Deterrence versus Brutalization: Capital Punishment's Differing Impacts among States, Joanna M. Shepherd
Deterring Innovation: New York v. Actavis and the Duty to Subsidize Competitors' Market Entry, Joanna Shepherd
Developing American Wine Law – Lessons from European Wine Regulation in the Face of Climate Change and Growing Demand, Kyle Amendt Shimomura
Did a Switch in Time Save Nine?, Daniel E. Ho and Kevin M. Quinn
Disclosure Procedure, Andrew K. Jennings
Discovering eBay's Impact on Copyright Injunctions through Empirical Evidence, Matthew Sag and Pamela Samuelson
Economic Efficiency versus Public Choice: The Case of Property Rights in Road Traffic Management, Jonathan R. Nash
Damnatio Memoriae and Black Lives Matter, Alex Zhang
Mapp v. Ohio Revisited: A Law Clerk's Diary, Polly J. Price
“Engaged In”: The Rocky Marriage Between Commercial and Business Activity and Subchapter V Eligibility, Blake Clevenger
Equality and Difference - The Restrained State, Martha Albertson Fineman
Equality Offshore, Martin W. Sybblis
Essentializing Labor Before, During, and After the Coronavirus Pandemic, Deepa Das Acevedo
Evidence Laundering in a Post-Herring World, Kay L. Levine, Jenia I. Turner, and Ronald F. Wright
Executive Secrecy: Congress, the People, and the Courts, Barry Sullivan
Fake and Real People in Bankruptcy, Melissa B. Jacoby
Farewell to the Sea of Doubt: Jettisoning the Constitutional Sherman Act, Thomas C. Arthur
Financial Security Mechanisms to Cover Biodiversity Damage Resulting from the Use of Genetically Modified Organisms, Michael Faure and Minzhen Jiang
First Amendment Protections for "Good Trouble", Dawn C. Nunziato
Follow-Up Enforcement, Andrew K. Jennings
Framing Effects and Regulatory Choice, Jonathan R. Nash
Freedom of Conscience as Religious and Moral Freedom, Michael J. Perry
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 Not to Lie with Judicial Votes: Misconceptions, Measurement, and Models, Daniel E. Ho and Kevin M. Quinn
How the Dissent Becomes the Majority: Using Federalism to Transform Coalitions in the U.S. Supreme Court, Tonja Jacobi and Vanessa A. Baird
How They Get Away with Murder: The Intersection of Capital Punishment, Prosecutor Misconduct, and Systemic Injustice, Rushton Davis Pope
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
Identity Crisis: "Intersectionality," "Multidimensionality," and the Development of an Adequate Theory of Subordination, Darren L. Hutchinson
Ideology and Exceptionalism in Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, and Maxim Sytch
(Im)mutable Race?, Deepa Das Acevedo
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
Intimacy Outside of the Natural Family: The Limits of Privacy, Martha Albertson Fineman
Is Climate Change a Threat to International Peace and Security?, Mark P. Nevitt
Is "Public Company" Still a Viable Regulatory Category?, George S. Georgiev
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
Judging Law in Election Cases, Michael S. Kang and Joanna Shepherd
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
“Known Adversary”: The Targeting of the Immigrants’ Rights Movement in the Post-Trump Era, Azadeh Shahshahani and Chiraayu Gosrani
Laicite or Laicita: The Regulation of Religious Symbols in French and Italian Public Schools, Aubrie Kent
Law, Growth, and the Identity Hurdle: A Theory of Legal Reform, Martin W. Sybblis
League Structure & Stadium Rent Seeking - The Role of Antitrust Revisited, David Haddock, Tonja Jacobi, and Matthew Sag
Legal Movements in Intellectual Property: TRIPs, Unilateral Action, Bilateral Agreements, and HIV/AIDS, Margo A. Bagley
Lessons from United States Supreme Court Jurisprudence for Resolving Australian Interstate Groundwater Disputes, Jack DeWinter
Litigating State Interests: Attorneys General as Amici, Margaret H. Lemos and Kevin M. Quinn
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
Militant Democracy Comes to the Metaverse?, Aziz Z. Huq
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
Notice Risk and Registered Agency, Andrew K. Jennings
Not without Political Power: Gays and Lesbians, Equal Protection and the Suspect Class Doctrine, Darren L. Hutchinson
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
Pandemics, Paid Sick Leaves, and Tax Institutions, Alex Zhang
Partisan Voting on the California Supreme Court, Mark P. Gergen, David A. Carrillo, Benjamin M. Chen, and Kevin M. Quinn
Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, Margo A. Bagley
Personal Jurisdiction and the Fairness Factor(s), Megan M. La Belle
Privacy for Student-Patients: A Call to Action, Stacey A. Tovino
Procedural Triage, Matthew B. Lawrence
Progress and Progression in Family Law, Martha Albertson Fineman
Progressive Race Blindness: Individual Identity, Group Politics, and Reform, Darren L. Hutchinson
Promoting Innovation, Matthew Sag and Spencer Weber Waller
Prophets, Priests, and Kings: John Milton and the Reformation of Rights and Liberties in England, John Witte Jr.
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
Reconceptualizing Bankruptcy Education Requirements for Incarcerated Debtors, Sydney Calas
Reflections on the Effects of Federalism on Opioid Policy, Matthew B. Lawrence
Regulation of Religious Proselytism in the United States, Howard O. Hunter and Polly J. Price
Regulatory Competition and State Capacity, Martin W. Sybblis
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
Searches Without Suspicion: Avoiding a Four Million Person Underclass, Tonja Jacobi and Addie Maguire
Section 1115 Waivers: Innovation Through Experimentation, or Stagnation Through Routine?, Nicole Johnson
Securities Disclosure as Soundbite: The Case of CEO Pay Ratios, Steven A. Bank and George S. Georgiev
Setting the Table: An Introduction to the Jurisprudence of Rabbi Yechiel Mikhel Epstein’s Arukh Hashulhan, Michael J. Broyde and Shlomo C. Pill
Shareholder Inspection Rights: From Credible Basis to Rational Belief, Lynn Bai
Shareholders United?, Andrew K. Jennings
Smart Regulation: Lessons from the Artificial Intelligence Act, John Hillman
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
Standardizing and Unbundling the Sub Rosa DIP Loan, Kenneth Ayotte and Alex Zhicheng Huang
Stateless in the United States: Current Reality and a Future Prediction, Polly J. Price
State Securities Enforcement, Andrew K. Jennings
State Standing for Nationwide Injunctions against the Federal Government, Jonathan R. Nash
Status Check: Should the Federal Tax Status of a Disregarded Debtor Be Property of the Estate?, J. Benjamin Ward
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
Still Patently Unconstitutional: A Reply to Professor Nard, Margo A. Bagley
Supreme Irrelevance: The Court’s Abdication in Criminal Procedure Jurisprudence, Tonja Jacobi and Ross Berlin
Sustainable Development Goals, Between Politics and Soft Law: The Emergence of “Political Normativity” in International Law, Ilias Bantekas and Katerina Akestoridi
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 Case for Green Product Fixing: Reconciling Antitrust Law with Self-Regulation to Combat Climate Change, Peter Brigham
The City Suit, Zachary D. Clopton and Nadav Shoked
The Commander in Chief's Authority to Combat Climate Change, Mark P. Nevitt
The Corrosive Effect of Inevitable Discovery on the Fourth Amendment, Tonja Jacobi and Elliot Louthen
The Cure for Young Prosecutors' Syndrome, Ronald F. Wright and Kay L. Levine
The Fallacy of Defensive Protection for Traditional Knowledge, Margo A. Bagley
The Fresh Start Paradox: Economic Disaster Relief Available to Title 11 Debtors, Kellsie Davis Ruane
The Greens’ Dilemma: Building Tomorrow’s Climate Infrastructure Today, J.B. Ruhl and James Salzman
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 Influencers and the Influenced: Effects of Social Media Influencers on Enforcement of Trademark Law in the U.S. and Europe, Abigail Dagher
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 Law Is Not the Case: Incorporating Empirical Methods into the Culture of Case Analysis, Kay L. Levine
The Long Shadow of Bush v. Gore: Judicial Partisanship in Election Cases, Michael S. Kang and Joanna M. Shepherd
The Market-Essential Role of Corporate Climate Disclosure, George S. Georgiev
The Mexican Civil Code of 1928 and the Social Function of Property in Mexico and Latin America, M.C. Mirow
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 SEC’s SPAC Solution, Karen Woody and Lidia Kurganova
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 Texas Two-Step: How Corporate Debtors Manipulate Chapter 11 Reorganizations to Dance Around Mass Tort Liability, Laura S. Rossi
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
The Urdu-Speaking Community of Bangladesh: Forgotten Denizens or Putative Citizens?, Naimul Muquim
The Wealth Tax: Apportionment, Federalism, and Constitutionality, Alex Zhang
Thinly Rooted: Dobbs, Tradition, and Reproductive Justice, Darren L. Hutchinson
To Have or Have Not: The Limits of Comply-or-Explain Governance in an American Exchange, Johnson A. Salisbury Jr.
To Prohibit Free Exercise: A Proposal for Judging Substantial Burdens on Religion, Eric H. Wang
Two Constitutional Rights, Two Constitutional Controversies, Michael J. Perry
Unbundling Freedom in the Sharing Economy, Deepa Das Acevedo
Undignified: The Supreme Court, Racial Justice, and Dignity Claims, Darren L. Hutchinson
Unintended Consequences: The Posse Comitatus Act in the Modern Era, Mark P. Nevitt
Universities Inadvertently Permit “Toxic” Environments: Free Speech and Private Institutions, Taylor Bernard
Victims’ Rights in the Diversion Landscape, Kay L. Levine
Viewpoint Diversity and Media Consolidation: An Empirical Study, Daniel E. Ho and Kevin M. Quinn
Virtually Inaccessible: Resolving ADA Title III Standing in Click-and-Mortar Cases, Saxon S. Kagume
Vulnerability and Inevitable Inequality, Martha Albertson Fineman
Vulnerability and Social Justice, Martha Albertson Fineman
"With All the Majesty of the Law": Systemic Racism, Punitive Sentiment, and Equal Protection, Darren L. Hutchinson
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