Trademark’s Grip over Sustainability
Entrepreneurs and larger firms are waking up to the fact that there is a viable market for recycled, repaired, and even upcycled goods. There is also an increasing desire on … Read more "Trademark’s...
View ArticleThe Right to Vote Securely
American elections currently run on outdated and vulnerable technology. Computer science researchers have shown that voting machines and other election equipment used in many jurisdictions are plagued...
View ArticleHow to (Not) Do Things With Judicial Opinions: Minding the Performative Power...
“Three generations of imbeciles are enough.”[1] These words of Justice Oliver Wendell Holmes are some of the most infamous and evocative penned from behind the bench of the Supreme Court … Read more...
View ArticleSeparation of Church and Law: The Ministerial Exception in Demkovich v. St....
Religious freedom is increasingly invoked to defeat liability for behavior that has long been regulated under accepted, neutral law, an argument to which many courts and judges appear receptive. One …...
View ArticleIntersectionality Matters in Food and Drug Law
Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies … Read more...
View ArticleBeyond Discrimination: Market Humiliation and Private Law
Market humiliation is a corrosive relational process to which the law repeatedly fails to respond due to the law’s heavy reliance on the discrimination paradigm. In this process, providers of … Read...
View ArticleData Controllers as Data Fiduciaries: Theory, Definitions & Burdens of Proof
As more U.S. states have begun to pass consumer privacy laws, there are growing calls for federal data privacy regulation to ease the burden of compliance with various, sometimes conflicting, … Read...
View ArticleImmigration Detention Abolition and the Violence of Digital Cages
The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs...
View ArticleUnion Autonomy and Federal Intrusion
Union autonomy, a critical aspect of the health and growth of unions and employee power broadly, is weakened by (1) the Department of Justice’s (DOJ) attempts to target organized crime … Read more...
View ArticleMachine Manipulation: Why an AI Editor Does Not Serve First Amendment Values
The past few years have seen increasing calls for regulation of large social media platforms, and several states have recently enacted laws regulating their content moderation, promotion, and...
View ArticleDemocratic Federalism and the Supreme Court: Keynote Address at the 2023 Ira...
Open PDF in Browser: Carolyn Shapiro,* Democratic Federalism and the Supreme Court: Keynote Address at the 2023 Ira C. Rothgerber Jr. Conference It is an honor to be here and … Read more "Democratic...
View ArticleFederal Indian Law as Method
Open PDF in Browser: Matthew L.M. Fletcher,* Federal Indian Law as Method Introduction Morton v. Mancari[1] is well-known in Indian law circles as a foundation for the tribal self-determination era, …...
View ArticleFacts On Trial: Alliance for Hippocratic Medicine v. FDA and the Battle over...
Open PDF in Browser: Rachel Rebouché,* Facts On Trial: Alliance for Hippocratic Medicine v. FDA and the Battle over Mailed Medication Abortion Introduction Is medication abortion, the regimen commonly...
View ArticleFacing the Music: How the FACE Act Harms, Rather than Helps, the Post-Dobbs...
Open PDF in Browser: Kyriaki “Kiki” Council,* Facing the Music: How the FACE Act Harms, Rather than Helps, the Post-Dobbs Abortion Movement Introduction In the wake of numerous violent attacks … Read...
View Article“Down Where the Grass Grows”: Municipal Abortion Policies After Dobbs
Open PDF in Browser: Martha F. Davis,* “Down Where the Grass Grows”: Municipal Abortion Policies After Dobbs When the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization referred …...
View ArticleProtected: A First Amendment Failure: Surrendering to Science Misinformation...
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View ArticleThe Voluntary Carbon Market: Market Failures and Policy Implications
Open PDF in Browser: Vittoria Battocletti,* Luca Enriques† & Alessandro Romano,‡ The Voluntary Carbon Market: Market Failures and Policy Implications Many companies have made environmental pledges...
View ArticleLegal Asynchrony: Constitutional “Bridges” Inverting Elemental U.S. Technology
Open PDF in Browser: Steven Ferrey,* Legal Asynchrony: Constitutional “Bridges” Inverting Elemental U.S. Technology The 2022 Biden Inflation Reduction Act (“IRA”) and the 2021 Infrastructure Investment...
View ArticleCarbon Pricing for a Just Transition
Open PDF in Browser: Jeff Todd,* Carbon Pricing for a Just Transition The legal tools to avoid the potential disasters of climate change are already available, at least according to … Read more "Carbon...
View ArticleForce Majeure and the Law of the Colorado River: The Confluence of Climate...
Open PDF in Browser: Mary Slosson,* Force Majeure and the Law of the Colorado River: The Confluence of Climate Change, Contracts, and the Constitution Climate change is causing significant, permanent …...
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