Copyright as Legal Process: The Transformation of American Copyright Law
American copyright law has undergone an unappreciated conceptual transformation over the course of the last century. Originally conceived of as… Continue reading →
Volume 168 (2019-2020)
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Instagram Lookalikes and Celebrity Influencers: Rethinking the Right to Publicity In the Social Media Age
Kim Kardashian-West, in March 2019, launched the sale of her sunglasses collection with an eerie series of photos portraying herself and five… Continue reading →
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Redefining Reasonableness: Supervisory Harassment Claims in the Era of #metoo
In 2010, Robyn McEuen began working for a branch of AutoZone in Cordova, Tennessee.1 She excelled in her position and was… Continue reading →
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Twenty-first Century Financial Regulation: P2P Lending, Fintech, and the Argument for a Special Purpose Fintech Charter Approach
Online peer-to-peer (P2P) lending, once a marketplace teeming with retail investors, is now dominated by sophisticated institutional investors and banks.… Continue reading →
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The Imperial Treaty Power
Modern debates over the scope of federal treaty-making power are framed by histories written at the turn of the last… Continue reading →
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Presidential Laws and the Missing Interpretive Theory
There is something missing in interpretive theory. Recent controversies—involving, for example, the first travel ban and funding for sanctuary cities—demonstrate… Continue reading →
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Measuring In Absentia Removal in Immigration Court
No academic study has empirically analyzed decisions by United States immigration judges to deport noncitizens without first providing them a… Continue reading →
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Lone Pine Orders: A Critical Examination and Empirical Evaluation
Invented in 1986 and now a prominent feature of the mass tort landscape, Lone Pine orders require plaintiffs to provide to the… Continue reading →
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Making Heads or Tails of Judicial Independence: a Response to Professor Burbank
The University of Pennsylvania Law Review Online presents the third installment of “Independent and Accountable Courts in Perilous Times: Perspectives from the… Continue reading →
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The Recommendations Clause and the President’s Role in Legislation
Article II, Section 3 of the Constitution is the source of the President’s recommending function, stating that the President “shall… Continue reading →