The Property Strategy
My objective in this Article is to offer a description of property as an institution for organizing the use of… Continue reading →
Volume 160 (2011-2012)
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On the Economy of Concepts In Property
Concepts help economize on information. Conventional wisdom correctly associates conceptualism with formalism but misunderstands the role concepts play in law.… Continue reading →
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Freedom for the Press as an Industry, or For the Press as a Technology? From the Framing to Today
“[T]he freedom . . . of the press” specially protects the press as an industry, which is to say newspapers,… Continue reading →
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Pills and Partisans: Understanding Takeover Defenses
Corporate takeover defenses have long been a focal point of academic and popular attention. However, no consensus exists on such… Continue reading →
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Navigating a Legal Dilemma: A Student’s Right To Legal Counsel In Disciplinary Hearings for Criminal Misbehavior
In recent years, school violence has repeatedly shocked the immediately affected communities and the entire country. While the shootings at… Continue reading →
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Congress’s Constitution
Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →
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Prison Vouchers
School vouchers have been proposed as a way to bypass the political pathologies of school reform and improve school quality… Continue reading →
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Chevron Corp. v. Berlinger and the Future of the Journalists’ Privilege for Documentary Filmmakers
The documentary film Crude, directed by award-winning filmmaker Joseph Berlinger, tells the story of a class action lawsuit brought by… Continue reading →
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Allocating the Costs of Harm to Whom They Are Due: Modifying the Collateral Source Rule after Health Care Reform
For decades, the collateral source rule has been a target of tort reform on both state and national levels.1 The… Continue reading →
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Triaging Appointed-Counsel Funding and Pro Se Access to Justice
If appointing some lawyers is good, then appointing more lawyers must be better. At least that seems to be the… Continue reading →