Injustice At The Border: Application Of The Constitution Abroad Through The Conflict Of Laws
Deciding whether the U.S. Constitution applies abroad is a complicated question and one that is not easily answered by looking… Continue reading →
Volume 167 (2018-2019)
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Copyright And Reality
Reality is a daunting concept. Most people have an intuitive understanding of the stuff of reality, but this gut feeling… Continue reading →
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Dynamic Legislation
To overcome congressional gridlock, lawmakers have developed devices that, under certain conditions, provide easier paths to policy change. Procedural mechanisms… Continue reading →
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The Privacy Interest in Property
Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important… Continue reading →
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Libertarian Gun Control
Individuals should have the option to waive their Second Amendment rights to keep and bear arms by adding their names… Continue reading →
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The Birth Certificate Solution: Ensuring the Interstate Recognition of Same-Sex Parentage
In the celebrated decision of Obergefell v. Hodges, the Supreme Court held that same‐sex couples have a constitutional right to… Continue reading →
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Salvaging the Law of Patent Value: Brunette, TC Heartland, and the Venue Clarification Act
In TC Heartland v. Kraft Foods Group Brands, the Supreme Court reaffirmed the principle that no part of the general… Continue reading →
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New Legal Problems, Old Legal Solutions: Bailment Theory as the Baseline Data Security Standard of Care Owed to an Opponent’s Data in Discovery
The digitization of discovery has created new data security threats to parties’ proprietary data from third parties. The transfer of… Continue reading →
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Police Disciplinary Appeals
Scholars and experts generally agree that rigorous enforcement of internal regulations within a police department promotes constitutional policing by deterring… Continue reading →
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Government Standing and the Fallacy of Institutional Injury
A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of… Continue reading →