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Closing the Financial Privacy Loophole: Defining "Access" in the Right to Financial Privacy Act
Closing the Financial Privacy Loophole: Defining "Access" in the Right to Financial Privacy Act
Prosecutorial Analytics
Prosecutorial Analytics
Future-Proofing Energy Transport Law
Future-Proofing Energy Transport Law
Prisoners and Pleading
Prisoners and Pleading
Patent-Ineligibility as Counteraction
Patent-Ineligibility as Counteraction
Digitizing Tribal Law: How Codification Projects such as Tribal Law Online could give New Rise to American Indian Sovereignty
Digitizing Tribal Law: How Codification Projects such as Tribal Law Online could give New Rise to American Indian Sovereignty
Confirming Supreme Court Justices in a Presidential Election Year
Confirming Supreme Court Justices in a Presidential Election Year
Four Principles for Digital Expression (You Won't Believe #3!)
Four Principles for Digital Expression (You Won't Believe #3!)
Legal Defiance: Government-Sanctioned Graffiti Walls and the First Amendment
Legal Defiance: Government-Sanctioned Graffiti Walls and the First Amendment
The View from My Window
The View from My Window
Managing Dissent
Managing Dissent
Public Employee Speech and Magarian’s Dynamic Diversity
Public Employee Speech and Magarian’s Dynamic Diversity
A Half-Hearted Defense of the Categorical Approach
A Half-Hearted Defense of the Categorical Approach
Public Unions Under First Amendment Fire
Public Unions Under First Amendment Fire
Candides and Cassandras: Technology and Free Speech on the Roberts Court
Candides and Cassandras: Technology and Free Speech on the Roberts Court
A New Historical Jurisprudence?
A New Historical Jurisprudence?
Against Women’s Sports
Against Women’s Sports
Congress in the Administrative State
Congress in the Administrative State
Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society
Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society
Lawness
Lawness
Phenomenology, Colonialism, and the Administrative State
Phenomenology, Colonialism, and the Administrative State
The Data of Jurisprudence
The Data of Jurisprudence
The Pragmatist Tradition: Lessons for Legal Theorists
The Pragmatist Tradition: Lessons for Legal Theorists
Three Forms of Legal Pragmatism
Three Forms of Legal Pragmatism
How Lambis and CSLI Litigation Mandate Warrants for Cell-Site Simulator Usage in New York
How Lambis and CSLI Litigation Mandate Warrants for Cell-Site Simulator Usage in New York
Shielding Children from Pornography by Incentivizing Private Choice
Shielding Children from Pornography by Incentivizing Private Choice
Privacy, Poverty, and Big Data: A Matrix of Vulnerabilities for Poor Americans
Privacy, Poverty, and Big Data: A Matrix of Vulnerabilities for Poor Americans
Consumer Financial Protection in Health Care
Consumer Financial Protection in Health Care
Drawing the Line on Legislative Privilege: Interpreting State Speech or Debate Clauses in Redistricting Litigation
Drawing the Line on Legislative Privilege: Interpreting State Speech or Debate Clauses in Redistricting Litigation
Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant
Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant
Return of the De Minimis Exception in Digital Music Sampling: The Ninth Circuit’s Recent Holding in VMG Salsoul Improves Upon the Sixth Circuit’s Holding in Bridgeport, but Raises Questions of its Own
Return of the De Minimis Exception in Digital Music Sampling: The Ninth Circuit’s Recent Holding in VMG Salsoul Improves Upon the Sixth Circuit’s Holding in Bridgeport, but Raises Questions of its Own
Who Should Own Police Body Camera Videos?
Who Should Own Police Body Camera Videos?
Advisory Nonpreemption
Advisory Nonpreemption
Innovation Snowballing and Climate Law
Innovation Snowballing and Climate Law
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments
Fissures in the Valley: Searching for a Remedy for U.S. Tech Workers Indirectly Displaced by H-1B Visa Outsourcing Firms
Fissures in the Valley: Searching for a Remedy for U.S. Tech Workers Indirectly Displaced by H-1B Visa Outsourcing Firms
Who has Standing to Sue the President Over Allegedly Unconstitutional Emoluments?
Who has Standing to Sue the President Over Allegedly Unconstitutional Emoluments?
Algorithmic Entities
Algorithmic Entities
Income-Dependent Punitive Damages
Income-Dependent Punitive Damages
The Corporate Governance of National Security
The Corporate Governance of National Security
Decentralized Public Ledger Systems and Securities Law: New Applications of Blockchain Technology and the Revitalization of Sections 11 And 12(A)(2) of the Securities Act Of 1933
Decentralized Public Ledger Systems and Securities Law: New Applications of Blockchain Technology and the Revitalization of Sections 11 And 12(A)(2) of the Securities Act Of 1933
The Boogeyman: Derek Boogaard and the Detrimental Effects of Section 301 Preemption
The Boogeyman: Derek Boogaard and the Detrimental Effects of Section 301 Preemption
The Future of GMO Labeling: How a New Federal Labeling Scheme will Alter Public Disclosure
The Future of GMO Labeling: How a New Federal Labeling Scheme will Alter Public Disclosure
IP, R.I.P.
IP, R.I.P.
Amnesty for Even the Worst Offenders
Amnesty for Even the Worst Offenders
Deportation Deadline
Deportation Deadline
Corporate Short-Termism and Intertemporal Choice
Corporate Short-Termism and Intertemporal Choice
How Ziglar v. Abbasi Sheds Light on Qualified-Immunity Doctrine
How Ziglar v. Abbasi Sheds Light on Qualified-Immunity Doctrine
Ban the Black Box: Criminal Background Screening and the Information-Withholding Problem
Ban the Black Box: Criminal Background Screening and the Information-Withholding Problem
The Law of Identity Harm
The Law of Identity Harm
A Theory of Poverty: Legal Immobility
A Theory of Poverty: Legal Immobility
Patenting the Unexplained
Patenting the Unexplained
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
A Lawyer’s Divorce: Will Decentralized Ledgers and Smart Contracts Succeed in Cutting Out the Middleman?
A Lawyer’s Divorce: Will Decentralized Ledgers and Smart Contracts Succeed in Cutting Out the Middleman?
Patent Infringement in Personalized Medicine: Limitations of the Existing Exemption Mechanisms
Patent Infringement in Personalized Medicine: Limitations of the Existing Exemption Mechanisms
How the War on Terror is Transforming Private U.S. Law
How the War on Terror is Transforming Private U.S. Law
Patents and the First Amendment
Patents and the First Amendment
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?
Protecting the Democratic Role of the Press: A Legal Solution to Fake News
Protecting the Democratic Role of the Press: A Legal Solution to Fake News
Filling the Jurisprudential Gap: “Regular and Established Place of Business” After In Re Cray, Inc.
Filling the Jurisprudential Gap: “Regular and Established Place of Business” After In Re Cray, Inc.
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
When Shadow Removals Collide: Searching for Solutions to the Legal Black Holes Created by Expedited Removal and Reinstatement
Noncompetes as Tax Evasion
Noncompetes as Tax Evasion
No Pay for Sexist Performance: How Gender Disparities in Healthcare Hurt Hospitals’ Pay for Performance Reimbursements
No Pay for Sexist Performance: How Gender Disparities in Healthcare Hurt Hospitals’ Pay for Performance Reimbursements
Mahr Provisions and the Case for Shari’a Arbitration
Mahr Provisions and the Case for Shari’a Arbitration
Evolved Standards, Evolving Justices? The Case for a Broader Application of the Eighth Amendment
Evolved Standards, Evolving Justices? The Case for a Broader Application of the Eighth Amendment
Law and the Epistemology of Disagreements
Law and the Epistemology of Disagreements
Balancing the Conspiracy’s Books: Inter-Competitor Sales and Price-Fixing Cartels
Balancing the Conspiracy’s Books: Inter-Competitor Sales and Price-Fixing Cartels
Presidential Powers, Immunities, and Pardons
Presidential Powers, Immunities, and Pardons