The New Doctrinalism: Implications for Evidence Theory
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three… Continue reading →
Search results for: “Article”
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Antitrust in Zero-Price Markets: Foundations
“Zero‐price markets,” wherein firms set the price of their goods or services at $0, have exploded in quantity and variety.… Continue reading →
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“Ideology” or “Situation Sense”? An Experimental Investigation of Motivated Reasoning and Professional Judgment
This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to… Continue reading →
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Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment
At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, which are created… Continue reading →
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The Non-Punishment Principle and Restorative Justice
The non-punishment principle is a legal norm that has increasingly gained legitimacy over the past quarter-century within international, regional, and… Continue reading →
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Legal Tech, Civil Procedure, and the Future of Adversarialism
“Legal tech” is transforming litigation and law practice, and its steady advance has tapped a rich vein of anxiety about… Continue reading →
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Cybercrime Litigation
Cybercrime is, undoubtedly, a growing problem. Scarcely a week goes by without reports of massive online misconduct. The primary federal… Continue reading →
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Central Clearing Of Financial Contracts: Theory And Regulatory Implications
To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →
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Legal Limits and the Implementation of the Affordable Care Act
Six years after its enactment and two years after the full implementation of the Affordable Care Act, now is an… Continue reading →
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The Protean Take Care Clause
In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… Continue reading →