Article

Oral Advocacy Before the United States Supreme Court: Does It Affect the Justices’ Decisions?

Timothy R. Johnson, James F. Spriggs II and Paul J. Wahlbeck
Our empirical investigation focuses on two areas. First, we are interested in the quality of the oral advocacy presented to the Court, especially in terms of its etiology, as well as its effectiveness. We investigate these questions empirically by utilizing notes taken by Blackmun during oral arguments while he sat on the Court. Specifically, we here utilize the grades that Justice Blackmun assigned to each attorney’s oral arguments. This information…
Article

Technoconsen(t)sus

Andrea M. Matwyshyn
This Article proposes to ease doctrinal noise in consent through creating an objective “reasonable digital consumer” standard based on empirical testing of real consumers. In a manner similar to the way in which courts assess actual consumer confusion in trademark law, digital user agreements can be tested for legal usability. Specifically, a particular digital agreement would be deemed to withstand an unconscionability challenge only to the extent that a drafter…
Article

Arguments Against Marriage Equality: Commemorating & Reconstructing Loving v. Virginia

Tucker Culbertson
The year 2007 marked the fortieth anniversary of Loving v. Virginia, in which the Supreme Court denounced antimiscegenation law and policy. I argue here that Loving was wrongly decided. I argue against the fundamental right to marriage declared in Loving, and offer alternative interpretations of the harms and rights at issue in the case.
Note

Proximately Anza: Corporate Looting, Unfair Competition, and the New Limits of Civil RICO

Benjamin M. Daniels