Content Posted in 2023
ABOUT-FACE: HOW FACEBOOK’S RESTRICTIONS ON USER POSTS COULD VIOLATE ANTITRUST LAW, Efrem Berk
A LOADED GOD COMPLEX: THE UNCONSTITUTIONALITY OF THE EXECUTIVE BRANCH’S UNILATERALLY WITHHOLDING ZERO-DAYS, Brendan Gilligan
America's Anti-Fraud Ecosystem and the Problem of Social Trust: Perspectives from Legal Practitioners, Edward J. Balleisen
An Innovative Framework: Evaluating the New German Business Stabilization and Restructuring Law (StaRUG), Andreas Rauch
Anti-Woke Capitalism, the First Amendment, and the Decline of Libertarianism, Amanda Shanor and Sarah E. Light
Are Police Officers Bayesians? Police Updating in Investigative Stops, Jeffrey Fagan and Lila Nojima
A Trauma-Centered Approach to Addressing Hate Crimes, Avlana Eisenberg
A Tribute to Joyce A. Hughes, Uzoamaka Emeka Nzelibe
Auditing Overseas: How the United States Can Learn from Recent Financial Audit Reform in the United Kingdom, Daniel Damitio
Belonging Matters: One School’s Strategy for Fostering Community and Confidence Among Students from Historically Excluded Groups, Alexi Freeman and Caley Carlson
Bending the Rules of Evidence, Edward K. Cheng, G. Alexander Nunn, and Julia Simon-Kerr
Beyond Due Process: An Examination of the Restorative Justice Community Courts of Chicago, Jackie O'Brien
Black Liberty in Emergency, Norrinda Brown
Casting a Ballot for Change: How to Overcome Jail Policy Deficiencies and the O’Brien Precedent to Expand Voting Rights for Jailed Individuals, Lorellee Kampschnieder
Clarity About Comity: How Courts Have Attempted Greater Guidance for Chapter 15 Litigants, Sabrina Lieberman
Climate Change and the Law of National Security Adaptation, Mark Nevitt
Climate Change, Corruption, and Colonialism: Solving the Conundrum with Regional Courts, Taylor Nchako
Climate Entrenchment in Unstable Legal Regimes, Martin Lockman
COMPULSORY LICENSING: A POTENTIAL SOLUTION TO THE ANTITRUST DILEMMA OF TECHNOLOGY STANDARDS SETTING, Shen Peng
Consequences and the Supreme Court, Aaron Tang
Consumer Fraud, Home Financing, and the Erosion of Trust, Linda E. Fisher
Cooling Infrastructure, Cooling Security, and a Warming World, David A. Dana
Criminalizing ESG: A Framework to Hold Corporations Accountable for Incorrect ESG Disclosures, Sierra Anderson
CURIOSITIES OF STANDING IN TRADE SECRET LAW, Charles T. Graves
Dear Sisters, Dear Daughters, Joyce A. Hughes
Debt and Dependence: Foreign Interference in Haiti and the Importance of Non-State Actor Accountability, Sandra Wisner and Brian Concannon
Defining Interim Storage of Nuclear Waste, Max Johnson
Disciplining CBDCs: Achieving the Balance between Privacy Protection and Central Bank Independence, Cheng-Yun Tsang, Yueh-Ping Yang, and Ping-Kuei Chen
Disclosing Machine Inputs and Outputs: The Vulnerability of Legal Technology in Civil Discovery, Joshua Concannon
Distributive, Disjunctive, and Discombobulated: Interpreting the Word “and” in 18 U.S.C. § 3553(f)(1), Bailey Cordonnier
Employer Tuition Assistance: Current Approaches and the Application of the Implied Covenant of Good Faith and Fair Dealing, Jordan T. Krieger
Ending the Qualified Immunity Nightmare, Jared Stehle
Enforcement Penalties at the ITC, Andrea R. Hugill, John C. Jarosz, and Katherine D. Cappaert
Enforcing Equity, Daiquiri J. Steele
ESG Ratings: A Blind Spot for U.S. Securities Regulation, Alexander Coley
Felony Murder Liability for Homicides by Police: Too Unfair and Too Much to Bear, Maria T. Kolar
Fiduciaries in Priest's Clothing: Clergy Sexual Abuse and Fiduciary Duty, Sebastian Richardson
Financial Inclusion, Cryptocurrency, and Afrofuturism, Lynnise Phillips Pantin
Foreword, Scott Shimizu and Bradford McGann
Fraud in a Land of Plenty, Jonathan R. Macey
Friendly Skies, Unfriendly Terms: Class Action Waivers and Force Majeure Clauses in Airline Contracts of Carriage, Grant Glazebrook
Gender and Deception: Moral Perceptions and Legal Responses, Gregory Klass and Tess Wilkinson-Ryan
Habit, Crime, and Culpability, Eric A. Johnson
Health Care Fraud and the Erosion of Trust, Katrice Bridges Copeland
Healthcare Inequities in the United States and Beyond Are Taking Black Women’s Lives, Alichia McIntosh
Hocus Pocus: Modern-Day Manifestations of Witch Hunts, Brie D. Sherwin
Holding Government Officials Accountable by Applying the State-Created Danger Doctrine to Cases of Suicide, Zoe Levine
Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher
Innocence is Not Enough: Illinois Certificates of Innocence & the Case of Wayne Washington, Erin M. Wright
Judicial Resistance to New York's 2020 Criminal Legal Reforms, Angelo Petrigh
LAW INFORMS CODE: A LEGAL INFORMATICS APPROACH TO ALIGNING ARTIFICIAL INTELLIGENCE WITH HUMANS, John J. Nay
Legally Alone: The Redeemability of Guardianship and Recommendations Toward Equitable Access, Patrick Hecker
Leveling the Playing Field: How to Get International Student-Athletes Paid under Name, Image and Likeness, Justin Auh
Litigating Climate Change Infrastructure Impacts, Hari M. Osofsky
Live and Let LIV?: The Case Against Antitrust Alarm and the Multi-Tour Future of Professional Golf, Reed Silverman
Managing Misinformation on Social Media: Targeted Newsfeed Interventions and Freedom of Thought, Richard Mackenzie-Gray Scott
Married to Sustainability: The SDG Wedding Cake Framework as a Tool for Strategic Corporate Social Responsibility, Jacob Aubrecht
#MeToo’s Landmark, Yet Flawed, Impact on Dispute Resolution: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, Imre S. Szalai
Name Takings, Gregory S. Alexander
Not All Evidence is the Same: Habeas Corpus and Actual Innocence. A Practically Unusable Exception for Fundamental Miscarriages of Justice?, Samantha C. Olexa
Obey or Abey: An Empirical Examination of Abeyance Agreements in Public School Discipline, Rachael K. Cox
Of Law and Men, @badgaltranny -
Originalism After Dobbs, Bruen, and Kennedy: The Role of History and Tradition, Randy E. Barnett and Lawrence B. Solum
Patented Brand Drugs are Essential Facilities and Regulatory Compacts, Clovia Hamilton and Gerald Stokes
Pathology Logics, S. Lisa Washington
Perpetuities in an Unequal Age, Jack H.L. Whiteley
Pick the Lowest Hanging Fruit: Hate Crime Law and the Acknowledgment of Racial Violence, Jeannine Bell
Policing the Danger Narrative, Avlana K. Eisenberg
Preserving Privilege: Developing a Sound Litigation Strategy for Prison Wiretapping Cases, Daniel J. Cummins
Private Equity and Venture Capital in Germany: How Europe’s Heartland is Poised to Become the Next Bay Area, Jake Besanceney
Private Patrolling at the Boundaries of Public Duty, Kathleen M. Naccarato
Promises and Pitfalls in UN Regulation of Judicial Independence, Martha Kiela
Protection of Test Data Under Article 39.3 of the TRIPS Agreement: Advancements and Challenges After 25+ Years of Interpretation and Application, Eric M. Solovy
Public Records Aren't Public: Systemic Barriers to Measuring Court Functioning & Equity, Kat Albrecht and Kaitlyn Filip
QUANTUM COPYRIGHT LAW: SCHRÖDINGER’S CAT, BANKSY’S SHREDDER, AND ART ON THE EDGE, Richard Chused
Racism as a Threat to Financial Stability, Cary Martin Shelby
Reframing Hate, Lu-In Wang
Reproductive Crimes, Hayden Golemon
Restorative Justice Diversion as a Structural Health Intervention in the Criminal Legal System, Thalia González
Role-Reversibility, AI, and Equitable Justice - Or: Why Mercy Cannot Be Automated, Stephen E. Henderson and Kiel Brennan-Marquez
Role-Reversible Judgments and Related Democratic Objections to AI Judges, Amin Ebrahimi Afrouzi
SLAPP Suits: An Encroachment on Human Rights of a Global Proportion and What Can Be Done About It, Laura Prather
Square-Peg Frauds, Miriam H. Baer
Submission of Amici Briefs in Arbitration Related to Environmental Concerns: Developing a Better Framework for Their Consideration Under ICSID Rule 37(2), Clarissa Galaviz Lizarraga
Tax Forfeitures and the Excessive Fines Muddle, Jessica L. Asbridge
Technology Specificity and Equitable Access to Pharmaceuticals, Ana Santos Rutschman
The Architecture of Discretion: Implications of the Structure of Sanctions for Racial Disparities, Severity, and Net Widening, Ryan T. Sakoda
The Conundrums of Hate Crime Prevention, Shirin Sinnar
The Counterdemocratic Difficulty, Aziz Z. Huq
The Disaster Chain: Counter-Mapping Global Value Chains, Peer Zumbansen
The DOJ OLC Transparency Act: Is Transparency Enough to Combat Problematic Norms in the Office of Legal Counsel?, Sarah Patrick
The Effect of the PRO Act on Secondary Activity and International Trade, Christopher R. Rodenbaugh
THE EVIDENTIARY IMPLICATIONS OF INTERPRETING BLACK-BOX ALGORITHMS, Varun Bhatnagar
The Failure of Judicial Recusal and Disclosure Rules: Evidence from a Field Experiment, Dane Thorley
The Immigration Shadow Docket, Faiza W. Sayed
The Limits of Wrongfulness: What Exactly is Prohibited by Hobbs Act Extortion?, Duncan Weinstein
The Misunderstood History of Textualism, Tara Leigh Grove
The Need for Fairness and Accuracy for Women in Sentencing: Surmounting Challenges to Gender-Specific Statistical Risk Assessment Tools, Elizabeth E. Wainstein
The Neuroscience of Trauma Supports Diminished Capacity as a Nuanced Approach to the ICC Case of an Ex-Child Soldier, Lee Hiromoto, Ramail Siddiqui, and Landy F. Sparr
The Persistent Limits of Fraud Prevention in Historical Perspective, Emily Kadens
THE POWER OF LOCAL: NEARBY INNOVATORS DOMINATE PATENTED TECHNOLOGY DEVELOPMENT, Richard Gruner
The Problem of Habitual Offender Laws in States with Felony Disenfranchisement, Daniel Loehr
The Rejection of the Anti-Corruption Principle and its Effect on Human Rights at Home, Juliet S. Sorensen
The Right to Data Privacy: Revisiting Warren & Brandeis, Anthony G. Volini
The Rise and Fall of Section 502B, John Ramming Chappell
The SEC's Compensation Clawback Loophole, David I. Walker
The State Secrets Privilege: An Institutional Process Approach, Alexandra B. Dakich
The Unreasonableness of Reasonable: Rethinking the Reasonable Investor Standard, Alexandra Li
Third Coast Housing Solutions: The Case for Bringing YIMBY Legal Activist Strategies to Chicago, Abigail Kuchnir
Toward a Multilevel Sociology of Fraud, Brooke Harrington and Camilo Arturo Leslie
Toward a Socio-Legal Theory of Male Rape, Orna Alyagon-Darr and Ruthy Lowenstein Lazar
Treaties as a Tool for Native American Land Reparations, Hannah Friedle
Trends in China-Africa Economic Relations and Dispute Settlement, Won Kidane
Two Birds With One Stone Through MDL Interlocutory Appeal: Lessons From Rule 23(f), Jared Stehle
U.S. Hate Crime Trends: What Disaggregation of Three Decades of Data Reveals About a Changing Threat and an Invisible Record, Brian Levin, James Nolan, and Kiana Perst
VIDEO GAMES AND THE FIRST AMENDMENT, Eli Pales
Voter Due Process and the "Independent" State Legislature, Michael P. Bellis
What Remains of the Alien Tort Statute after Nestlé USA, Inc. v. Doe?, Clara Petch
White-Collar Crime, Sentencing Gender Disparities Post-Booker, and Implications for Criminal Sentencing, Sarah Turner
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, and Steven D. Penrod