Conflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme… Continue reading →
Search results for: “Article”
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National Parks, Incorporated
Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms… Continue reading →
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Nine Takes on Indeterminacy, With Special Emphasis on the Criminal Law
The claim that legal disputes have no determinate answer is an old one. The worry is one that assails every… Continue reading →
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The Gravitational Force of Federal Law
In the American system of dual sovereignty, states have primary authority over matters of state law. In nonpreemptive areas in… Continue reading →
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A Complainant‐Oriented Approach to Unconscionability and Contract Law
This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of… Continue reading →
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Evaluating NFL Player Health and Performance: Legal and Ethical Issues
This Article follows the path of a hypothetical college football player with aspirations to play in the National Football League,… Continue reading →
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The Architecture of Judicial Ethics
In 1999, Professor Stephen Burbank wrote an article entitled The Architecture of Judicial Independence.1 It is a foundational piece that gave structure to… Continue reading →
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Taxing the Gig Economy
Due to advances in technology like mobile applications and online platforms, millions of American workers now earn income through “gig”… Continue reading →
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Can the States Keep Secrets from the Federal Government?
States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly,… Continue reading →