Exploiting Pre-Existing Beliefs

Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them superior to competitor goods and services. This article argues that these advertisements and labels are deceptive because they imply that those erroneous beliefs are accurate even if they don’t mention theContinue reading “Exploiting Pre-Existing Beliefs”

Blockchain Prediction Markets: Where They Came From, Why They Matter & How to Regulate Those Involved

The basis of CFTC prediction market jurisdiction stems from its interpretation of trades in prediction markets as swaps of commodity futures and options contracts.  The CFTC has recognized that prediction markets have the capacity to facilitate information discovery and therefore benefit the public;  nevertheless, Commission staff have indicated that these public-interest benefits only extend toContinue reading “Blockchain Prediction Markets: Where They Came From, Why They Matter & How to Regulate Those Involved”

Border Searches of Electronic Devices

In fiscal year 2018, U.S. Customs and Border Protection (“CBP”) searched 33,295 electronic devices at the border without first needing a warrant.  In fiscal year 2015, only about 8,500 electronic devices were searched at the border; in fiscal year 2016 that number rose to about 19,000; in fiscal year 2017 the number of devices searchedContinue reading “Border Searches of Electronic Devices”

Technologically Distorted Conceptions of Punishment

Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring the effects of these tools on society. This Article shifts the focus away from technologyContinue reading “Technologically Distorted Conceptions of Punishment”

Interstitial Space Law

Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts andContinue reading “Interstitial Space Law”

Criminal Clear Statement Rules

There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly punitive. Legislatures write these laws because there are significant political incentives for them to be “tough on crime” and few incentives for them to write carefully crafted laws. The problems ofContinue reading “Criminal Clear Statement Rules”

Evidence-Based Lawyer Regulation

The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure for market liberalization. Independent research is challenging the unique value of lawyers’ services, even inContinue reading “Evidence-Based Lawyer Regulation”