Incredible Women: Sexual Violence and the Credibility Discount
Credibility is central to the legal treatment of sexual violence, as epitomized by the iconic “he said/she said” contest. Over… Continue reading →
Issue 1
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Tiers for the Establishment Clause
When compared with other constitutional doctrines, Establishment Clause doctrine is confused and anomalous, both substantively and with regard to standing.… Continue reading →
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Annoy No Cop
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct… Continue reading →
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Blacklisting Foreign Terrorist Organizations
Designations of Foreign Terrorist Organizations (FTO) by the Secretary of State under Section 1189 of the Antiterrorism and Effective Death… Continue reading →
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Smart Contracts and the Cost of Inflexibility
“Smart contracts” are decentralized agreements built in computer code and stored on a blockchain. Proponents imagine a future where commerce… Continue reading →
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PHH Corporation v. Consumer Financial Protection Bureau: Financial Fairness and Administrative Anxiety
In PHH Corporation v. Consumer Financial Protection Bureau, the D.C. Circuit upheld the constitutionality of the Consumer Financial Protection Bureau’s… Continue reading →
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Following the Letter of the Law Into Absurdity: Why the Supreme Court’s Severability Rule Does Not Preclude Determining an Arbitration Provision’s Enforceability Under the Law Supplied by an Agreement’s General Choice-of-Law Clause
A new hire signs an employment agreement. The agreement contains an arbitration provision. Embedded in the arbitration provision is a… Continue reading →
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Rogue Retailers or Agents of Necessary Change? Using Corporate Policy as a Tool to Regulate Gun Ownership
The tragedy of the Parkland, Florida high school shooting shocked the nation and sent thousands of student protestors out of… Continue reading →
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The Disparate Impact Canon
In early January, the U.S. Supreme Court heard oral argument in Husted v. A. Philip Randolph Institute. The case presented… Continue reading →
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Lessons from DataRescue: The Limits of Grassroots Climate Change Data Preservation and the Need for Federal Records Law Reform
Shortly after Donald Trump’s victory in the 2016 Presidential election, but before his inauguration, a group of concerned scholars organized… Continue reading →