Content Posted in 2024
Abandoning Copyright, David Fagundes and Aaron Perzanowski
Acceptance Remarks for the 2024 Distinguished Service Award for Lifetime Achievement, Thomas L. Ambro
Access to Justice: A Roadmap to Creating and Launching Consumer Bankruptcy Experiential Programs in Law Schools, Ishaq Kundawala
A Combatant or not a Combatant that is the Question: Arguing the Case of Combatant Status for Non-Military Government Personnel and Private Military Contractors Engaged on the Modern Battlefield, Ilan Fuchs and Shane Owens
Am I My Colleague’s Keeper When It Comes to Disclosing Connections?, Nancy B. Rapoport
A New Great Awakening of Religious Freedom in America, John Witte Jr.
Animals as Living Accommodations, Ani B. Satz
Animating a Statutory Right: Access to Counsel for Noncitizens in Reasonable Fear Review, Reese Wilking
Anti-Liberal Rights Retrenchment as a Threat to the Rule of Law, Paul Gowder
Antitrust, Labor Markets, and Issue-Spotting DEI Initiatives, Francesca Pisano
Applying the Model Rules of Professional Conduct to Attorneys Who Draft Unenforceable Noncompete Agreements, Nicole A. Faria
A Proposed International Legal Instrument to Combat Future Zoonotic Outbreaks, Mikiela Vazquez
Are Appointed Judges Strategic Too?, Joanna Shepherd
A (Sovereign) License to Kill? The Boundaries of Jurisdictional Immunities for State-Sponsored Crimes, Thibault Moulin
Assessing Design Defectiveness in the Digital Age, Elizabeth Petras
Assimilation as a Tactic for Cultural Genocide: Tibetan Children in Boarding Schools, Naeyong Choedon
Bad Attempts, Andrew Jensen Kerr
Bad Faith Prosecution, Ann Woolhandler, Jonathan R. Nash, and Michael G. Collins
Bankrupting the Matrix: DAOs and the Code, Ryan Levin
Between Cooperation and Conflict in Second Look Sentence Review, Kay L. Levine and Ronald F. Wright
Bigtechs and the Emergence of New Systemically Important Financial Institutions: Lessons from the Chinese Experience, Christine M. Wang and Douglas W. Arner
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, S. I. Strong
Bridging the Gap in Corporate Governance for Interlocking Directors in Colombia, Juan D. Ovalle
Buying Happiness: Property, Acquisition, and Subjective Well-Being, David Fagundes
Calming the Waters: The International Atomic Energy Agency as a Viable Model to Address Water Weaponization, Jenna Beasley
Can Environmental Law Solve the "Forever Chemical" Problem?, Mark P. Nevitt and Robert V. Percival
Career Motivations of State Prosecutors, Ronald F. Wright and Kay L. Levine
Catalyzing Climate Resilience in the Electric Utility Sector: Investor-Backed Utilities Must Prepare for the Approaching Storm, Jose J. Gonzalez
Challenges and Recent Developments in Establishing Civil Aiding and Abetting Liability Under the Anti-Terrorism Act, Amanda Fox Perry
Chapter 13: Let’s Call the Whole Thing Off, Lawrence Ponoroff
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the E.U. Countries, Linda S. Mullenix
Clearing the Path: Improving Implementation of Georgia’s Pathways to Coverage Program, Nicholas Smith
Climate Change and The Specter of Statelessness, Mark P. Nevitt
Climate, Clarity, Controversy: A Constitutional, Statutory, and Policy Analysis of the SEC’s Proposed Climate Disclosure Rules, Astoneia O. Moss
Climate Risk, Insurance Retreat, and State Response, Mark P. Nevitt and Michael Pappas
Close Enough for Government Work: What Happens When Congress Doesn't Do Its Job, Thomas C. Arthur and Richard Freer
Clown Eggs, David Fagundes and Aaron Perzanowski
Comparative Law and International Dispute Resolution Processes: Looking Forward, Looking Back, S. I. Strong
Comparative Reasoning in Court Rulings in the Aftermath of Dieselgate, Maria José Azar-Baud
Compounding Confusion and Hampering Diversity: Life After Finley and the Supplemental Jurisdiction Statute, Richard D. Freer
Congress Is an It: A New View of Legislative History, Brian D. Feinstein
Conscience Leave, Andrew K. Jennings
Consumer Justice: Do Europeans Know Something We Do Not?, Magdalena Tulibacka
Corporate Law as Decolonization, Martin W. Sybblis
Corporate Retreat in Asia: A New Era of U.S. Law Firm Globalizations, Jocelyn Zhao
Cracking the Foundational Myths: Independence, Autonomy, and Self-Sufficiency, Martha Albertson Fineman
Creditor Considerations in Crypto Cases, Alan Rosenberg and Ross Hartog
Criminal Recordkeeping, Andrew K. Jennings
Criminal Subsidiaries, Andrew K. Jennings
Critical Race Histories: In and Out, Darren L. Hutchinson
Data in Distress: Effectuating State Data Privacy Laws During Bankruptcy, Cameron Love
Defending The Environment: A Mission for the World's Militaries, Mark P. Nevitt
Defensive Rule of Law, Jon Smibert
Deities’ Rights?, Deepa Das Acevedo
Democratic Backsliding in Poland in Light of Rule of Law Accountability to the European Union, Caterina Chiopris and Monika Nalepa
Diamonds (and War Crimes) are Forever: Creating a Time-Immune Framework for the Repatriation of Stolen Cultural Heritage Objects Applying Pillage Principles, Olivia Tyler Dickinson Dibb
Disappropriation, Matthew B. Lawrence
Disillusionment of Discharge: The FRESH START Through Bankruptcy Act, John Ellison
Disputed Territories across the Globe: A Future of Peace or Change?, Angelica Paquette
Disputed Territories across the Globe: A Future of Peace or Change?, Angelica Paquette
Dissecting Axes of Subordination: The Need for a Structural Analysis, Darren L. Hutchinson
Diversity, Tenure, and Dissent, Joanna Shepherd
Don't Go Changing to Try to Please Me: Understanding Sebelius via the Unconstitutional Coercion of Medicaid Estate Recovery Programs, Isabella M. Ryan
Economic Conundrums in Search of a Solution: The Functions of Third-Party Litigation Finance, Joanna M. Shepherd and Judd E. Stone II
Environmental War, Climate Security, and the Russia-Ukraine Crisis, Mark P. Nevitt
Evangelicals and Catholics Together on Law: Some Personal and Jewish Reflections, Michael J. Broyde
Exoneration Finance, Kay L. Levine and Russell M. Gold
Exploring the Nuremberg Trials and Jus Cogens: What Morality?, Joseph Park
Fairness and Fair Use in Generative AI, Matthew Sag
Federal Enforcers Signal Heightened Scrutiny of Algorithm Use to Inform Pricing Decisions, Lohr A. Beck and Carley H. Thompson
Fire and Federal Power: Defining the “Furthest Reaches” of the Property Clause, Brett Lingle
Firm Value and Intracorporate Arbitration, Andrew K. Jennings
Fiscal Waivers and State "Innovation" in Health Care, Matthew B. Lawrence
For the Birds: Trademark and Brand Management Considerations for the Rebranded Digital Town Square, Arielle Levin
Forward-Looking Academic Impact Rankings for U.S. Law Schools, Matthew Sag
From Contacts to Relatedness: Invigorating the Promise of "Fair Play and Substantial Justice" in Personal Jurisdiction Doctrine, Richard Freer
From Instagram to Infowar: The Weaponization of Social Media and its Consequences, Grayson Shade Walker
From Publius to Santos: Congressional Expulsion and the Enforcement of Legislative Virtue, Matthew A. Edwards
Full Faith and Credit and the Equity Conflict, Polly J. Price
Gay Rights for Gay Whites: Race, Sexual Identity, and Equal Protection Discourse, Darren L. Hutchinson
Global Value Chains and Workers: Reconstructing an Epistemology for the Transnational Labor Question, Ulla Liukkunen
Grasping at Burnt Straws: The Disaster of the Supplemental Jurisdiction Statute, Thomas C. Arthur and Richard Freer
“Green” is the New Black: Enforcing Consumer Protection Laws Against Greenwashing in the Fashion Industry, Emma Sammons
Historical Foundations and Enduring Fundamentals of American Religious Freedom, John Witte Jr.
How American Sports Leagues Can Respond to the Rise of Sovereign Wealth Funds, Chris Chen
Ideological Drift among Supreme Court Justices: Who, When, and How Important?, Lee Epstein, Andrew D. Martin, Kevin M. Quinn, and Jeffrey A. Segal
Infecting the Body Politic: Observations on Health Security and the "Undesirable" Immigrant, Polly J. Price
Institutional Design and the Predictability of Judicial Interruptions at Oral Argument, Tonja Jacobi, Patrick Leslie, and Zoë Robinson
International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?, S. I. Strong
International Law Goes to War in Ukraine, Oona Hathaway
Introduction: A Tribute to the Honorable Thomas L. Ambro, Z Arima
Introduction to the Special Issue of the Emory International Law Review, Magdalena Tulibacka
Invisible Bosses for Invisible Workers, or Why the Sharing Economy is Actually Minimally Disruptive, Deepa Das Acevedo
IP Litigation in U.S. District Courts: 1994-2014, Matthew Sag
Is More Information Always Better? Mandatory Disclosure Regulations in the Prescription Drug Market, Joanna Shepherd
It’s Not Personal, It’s Strictly Business: The Need to Amend the Federal Rules of Evidence to Permit Live Corporate Designee Testimony at Trial, Veronica J. Finkelstein
Just Consumer Financial Protection: Prevention or Cure, Andrea J. Boyack
Justice, Interrupted: The Effect of Gender, Ideology, and Seniority at Supreme Court Oral Arguments, Tonja Jacobi and Dylan Schweers
Law and Neighborhood Names, Nestor M. Davidson and David Fagundes
Law Firms’ Diversity Programs on Unfirm Footing, Mike Vernon
Law in Books Versus Law in Action in the Landmark Shenzhen, China, Personal Bankruptcy Regime, Jason J. Kilborn
Learning Law in Elementary and High School: Innovating Civics Education for a More Empowered Citizenry, Ariel J. Liberman and Michael J. Broyde
Liquidating Fiduciary Warning: Do Not Follow the Yellow (Corp.) Brick Road, Jeremiah A. Carew III
Majority Politics and Race Based Remedies, Darren L. Hutchinson
Mandatory Process, Matthew B. Lawrence
Mass Accommodations: Signposts to a Hidden Jurisprudence, Shirley Lin
Minority Indigenous Language Rights Laws: A Comparative Study, Caroline Baltay
Money, Politics, and Impartial Justice, Joanna Shepherd
Multicultural ADR and Family Law: A Brief Introduction to the Complexities of Religious Arbitration, Michael J. Broyde
Mythical Adverse Effect, Naveen Thomas
Narrowing the Police Accountability Gap in Civil Rights Prosecutions, Daniel W. Xu
Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS, S. I. Strong
Negotiating for Certainty in an Uncertain World, Matthew D. Kent
New Complexity Theories: From Theoretical Innovation to Doctrinal Reform, Darren L. Hutchinson
Non-Uniformity is the New Uniformity: Inconsistent Quarterly Fees and Why the Bankruptcy Administrator System Must Go, Cody Turner
Nudging Diversity: Merging Law and Behavioral Science to Reduce Workplace Discrimination and Increase Diversity, Leora F. Eisenstadt and Todd Haugh
OECD Two-Pillar GloBE Rules: Is It Time to Abandon Hope for International Cooperation on a Global Minimum Corporate Income Tax?, Willem VanderMeulen
Of Rules and Standards: Reconciling Statutory Limitations on "Arising Under" Jurisdiction, Richard D. Freer
On Environmental Law, Climate Change, and National Security Law, Mark P. Nevitt
Opening Remarks, Keith J. Shapiro
Out Yet Unseen: A Racial Critique of Gay and Lesbian Legal Theory and Political Discourse, Darren L. Hutchinson
Overlapping Surgery and Medical Malpractice, Reuben Guttman and Joseph Lanni
Partisan Panel Composition and Reliance on Earlier Opinions in the Circuit Courts, Stuart M. Benjamin, ByungKoo Kim, and Kevin M. Quinn
Penalizing Compliance: The Case for Paying Chapter 13 Trustees in the Event of Pre-Confirmation Dismissal, Hannah L. Fink
Pleading Failures in Monell Litigation, Nancy Leong, Katelyn Elrod, and Matthew Nilsen
Practicing Criminal Law: A Jewish Law Analysis of Being a Prosecutor or Defense Attorney, Michael J. Broyde
Preventing Balkanization or Facilitating Racial Domination: A Critique of the New Equal Protection, Darren L. Hutchinson
Private Ownership of Public Facts: Docudramas, Deals, and Life Story Rights, David Fagundes and Jorge L. Contreras
Promoting and Reforming Kenya’s Customary Justice Systems in Criminal Cases, Daniel S. McConkie Jr.
Promoting Regulatory Prediction, Jonathan S. Masur and Jonathan R. Nash
Prosecutorial Independence Lost: How Prosecutorial Bureaucracy is Politicized in South Korea, Neil Chisholm
Protecting Free Speech in Social Media: A Pathway to Self-Determination in International Law, Sydney Marie Harley
Protecting Title IX’s Promise: The Injustice of Indifference in Title IX Peer Sexual Harassment Cases, Emily Harvey
Public Health Law’s Digital Frontier: Addictive Design, Section 230, and the Freedom of Speech, Matthew B. Lawrence
Pyrrhic Victories: The Mirage of Winning at the Supreme Court, Tonja Jacobi and Clare G. Willis
Racial Exhaustion, Darren L. Hutchinson
Rational Actors, Class Action Waivers, and the Emergence of Mass Individual Arbitration Demands, Richard D. Freer
Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy, S. I. Strong
Reforming Community Advocacy Letters to Counteract the Unfair Advantages for Typical White-Collar Defendants, Hope F. Kagan
Reforming the Pentagon: Reflections on How Everything Became War and the Military Became Everything, Mark P. Nevitt
Regulating Driving Automation Safety, Matthew T. Wansley
Regulatory Gaps in Drug Compounding: Implications for Patient Safety, Innovation, and Fraud, Joanna Shepherd
Regulatory Litigation in the European Union: Does the U.S. Class Action have a New Analogue?, S. I. Strong
Response to Professor Dinner, Martha Albertson Fineman
Rethinking Eisner v. Macomber, and the Future of Structural Tax Reform, Alex Zhang
Revocation of David R. Jones’s Lifetime Achievement Award
Rural Health Care in the Age of Hospital Bankruptcies, Sonal Rastogi
Safe Harboring Sloppiness: The Scope of, and Available Remedies Under, Sections 363(m) and 364(e), Vishal Patel
Second-class Administrative Law: Lincoln v. Vigil's Puzzling Presumption of Unreviewability, Matthew B. Lawrence
Selective Contracting in Prescription Drugs: The Benefits of Pharmacy Networks, Joanna Shepherd
Self-Determination and Territorial Agreements in the Middle East: From the Ottomans to Colonial Rule, Ilias Bantekas and Moza Al-Thani
Separation of Structures, Alex Zhang
Sexual Politics and Social Change, Darren L. Hutchinson
Shareholder Direct Democracy, Geeyoung Min
Sharkfests and Databases: Crowdsourcing Plea Bargains, Kay L. Levine, Ronald F. Wright, Nancy J. King, and Marc L. Miller
Signaling Sexual Harassment, Emily Suski
Social Movements and Judging: An Essay on Institutional Reform Litigation and Desegregation in Dallas, Texas, Darren L. Hutchinson
Sovereignty, Citizenship, and Public Health in the United States, Polly J. Price
So Young and So Untender: Remorseless Children and the Expectations of the Law, Martha Grace Duncan
Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries and What the Law Can Do About It, Christopher T. Robertson, Annabel Kupke, and Louise P. King
Subordination and Separation of Powers, Matthew B. Lawrence
Super Medians, Lee Epstein and Tonja Jacobi
Supreme Court Interruptions and Interventions: The Changing Role of the Chief Justice, Tonja Jacobi and Matthew Sag
Table Talk: Short Talks on the Weightier Matters of Law and Religion, John Witte Jr.
Taiwan's Medical Injury Law in Action, Chih-Ming Liang, Robert B Leflar, and Chih-Cheng Wu
Term Limits on Original Intent--An Essay on Legal Debate and Historical Understanding, Polly J. Price
The Attrition of Rights under Parole, Tonja Jacobi, Song Richardson, and Gregory Barr
The Automated Fourth Amendment, Maneka Sinha
The Cauldron Boils: Supplemental Jurisdiction, Amount in Controversy, and Diversity of Citizenship Class Actions, Richard D. Freer
The City's Second Amendment, David Fagundes and Darrell A.H. Miller
The Coming Copyright Judge Crisis, Saurabh Vishnubhakat and David Fagundes
The Communication Conundrum: Weighing the Need to Prove Intent in ERISA Misrepresentation Claims, Kristen Hobbs
The Digitalization of Litigation, Manuel A. Gómez
The End of Arbitrage: Recent Chancery Court Decisions Highlight Delaware’s Need to Overturn Transkaryotic, Celia Golod
The End of Remedies?, Joshua Shapiro
The Federalism Challenges of Protecting Medical Privacy in Workers' Compensation, Ani B. Satz
The Forty-Seven Years’ War: Identifying the Cold War as an Armed Conflict as a Matter of International Law, Peter S. Konchak
The FTC & DOJ’s New Merger Guidelines: A New Path or More of the Same?, Meredith Mommers and Angela Landry
“The Glorious Liberty of the Children of God”: Toward a Christian Defense of Human Rights, John Witte Jr.
The Google Book Settlement and the Fair Use Counterfactual, Matthew Sag
The Legal Crisis Within the Climate Crisis, Mark P. Nevitt
The Limits of Health Care Reform, Ani B. Satz
The Market for Corporate Criminals, Andrew K. Jennings
The Missing Millions: Cy Pres in Federal Securities Class Actions, Scott Dodson and Joseph A. Grundfest
The New Fourth Era of American Religious Freedom, John Witte Jr. and Eric Wang
The New Invention Creation Activity Boundary in Patent Law, Margo A. Bagley
The Operational and Administrative Militaries, Mark P. Nevitt
The Past as a Colonialist Resource, Deepa Das Acevedo
The Political Reality of Diversity Jurisdiction, Richard D. Freer
The Procedure of Democratic Erosion, Kevin L. Cope and Mila Versteeg
The Public’s Companies, Andrew K. Jennings
The Quest for Funding Under the Dutch WAMCA: Third Party Funding and the Viability of a Procedural Fund, Xandra Kramer
The Right to Know: Putting Public Health and Safety Above Trade Secret Protections, Maranda L. Johnston
The Right to Work and Africa’s Crackdowns on Street Vendors, Kaylee Morgan Roberts
The Rise of Counter-Terrorism and the Demise of Human Rights, Fionnuala Ní Aoláin
The Rise of General Jurisdiction Over Out-of-State Enterprises in the United States, Peter Hay
The Rise of Labor Issues as an Antitrust Priority, Richard Dagen and Maryanne Magnier
The Rise of Uptier Transactions in the Leveraged Loan Market, Joshua Bichovsky
The Roberts Court and Class Litigation: Revolution, Evolution, and Work to Be Done, Richard D. Freer
The Summary Judgment Revolution That Wasn't, Jonathan R. Nash and D. Daniel Sokol
The Unconstitutional Conditions Vacuum in Criminal Procedure, Kay L. Levine, Jonathan R. Nash, and Robert A. Schapiro
The War on Tenure, Deepa Das Acevedo
The Worst Choice for School Choice: Tuition Tax Credits Are a Bad Idea and Direct Funding is Wiser, Michael J. Broyde and Anna G. Gabianelli
Third-Party Bankruptcy Releases and the Separation of Powers: A Stern Look, Henry Reynolds
Thunder Road: The Implementation of the Representative Actions Directive in Europe, Alexandre Biard-Denieul
Thwarting the Inevitability of Over-Indebtedness, Lois R. Lupica and Zach Neumann
Twenty-First Century Split: Partisan, Racial, and Gender Differences in Circuit Judges Following Earlier Opinions, Stuart M. Benjamin, ByungKoo Kim, and Kevin M. Quinn
Under the Golden Arch: Permanent Neutrality and Authoritarian International Law in Turkmenistan, Madison Wall
Unexplainable on Grounds Other Than Race: The Inversion of Privilege and Subordination in Equal Protection Jurisprudence, Darren L. Hutchinson
Vertical and Horizontal Dimensions of the Rule of Law, Brian Z. Tamanaha
We are the AI Problem, Tonja Jacobi and Matthew Sag
What Place for Family Privacy?, Martha Albertson Fineman
When Can an Agreement on Environmental Policies Comply with U.S. Antitrust Laws?, Nathan Mendelsohn
When Eating the Rich Has Consequences: The Potential Long-Term Effects of the Inflation Reduction Act’s Drug Price Negotiation Program, Allison Hickman
When Is Legal Methodology Binding?, Jonathan R. Nash
Where Custom Dictates: A Comparison of the Integration of Customary Law in Nigeria and South Africa as Applicable to Custody and Family Law Dispute, Madelyn Cameron
Why Less Property Is More: Inclusion, Dispossession, & Subjective Well-Being, David Fagundes
Why Marriage?, Martha Albertson Fineman
Writing Reasoned Decisions and Opinions: A Guide for Novice, Experienced, and Foreign Judges, S. I. Strong