Startup Governance
Although previously considered rare, over three hundred startups have reached valuations over a billion dollars. Thousands of smaller startups aim… Continue reading →
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The New Titans of Wall Street: A Theoretical Framework for Passive Investors
Passive investors—ETFs and index funds—are the most important development in modern‐day capital markets, dictating trillions of dollars in capital flows… Continue reading →
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Balancing Versus Structured Decision Procedures: Antitrust, Title VII Disparate Impact, And Constitutional Law Strict Scrutiny
Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make… Continue reading →
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The Interior Structure Of Immigration Enforcement
Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This… Continue reading →
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ICWA And The Unwed Father: A Constitutional Corrective
The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes,… Continue reading →
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The Logic Of Experience: The Role Of History In Recognizing Public Rights Of Access Under The First Amendment
This Comment addresses this dearth in scholarship by identifying eight ways lower courts use history to analyze the experience prong… Continue reading →
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Administrative Constitutionalism at the “Borders of Belonging”: Drawing on History to Expand the Archive and Change the Lens
Research on administrative constitutionalism has generally come out of law schools, from scholars specializing in public law. A limitation of… Continue reading →