Lumpy Property
A bridge stretching only three-quarters of the distance across a chasm is useless, while a bridge that is longer than… Continue reading →
2012
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Managing the Urban Commons
Over the past several decades, discussions about the appropriate tools of commons management have played out in a particularly illuminating… Continue reading →
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Facebook, Twitter, and the Uncertain Future of Present Sense Impressions
The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms.… Continue reading →
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Adaptable Due Process
The requirements of procedural due process must adapt to our constantly changing world. Over thirty years have passed since the… Continue reading →
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All Alone in Arbitration: AT&T Mobility v. Concepcion and the Substantive Impact of Class Action Waivers
On April 27, 2011, the Supreme Court announced its decision in AT&T Mobility LLC v. Concepcion, one of the most… Continue reading →
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Searching Secrets
A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure… Continue reading →
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Making Sense of Section 2: Of Biased Votes, Unconstitutional Elections, and Common Law Statutes
This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act’s core provision of… Continue reading →
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Construing Crane: Examining How State Courts Have Applied its Lack-of-Control Standard
The Supreme Court recently upheld the constitutionality of a federal statute that authorizes the Department of Justice to civilly commit… 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 →