War Torts: Accountability for Autonomous Weapons
Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they… Continue reading →
2016
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Unbundled Bargains: Multi‐Agreement Dealmaking in Complex Mergers and Acquisitions
Why are some bargains memorialized in dozens of related agreements, rather than one definitive agreement? This Article uses mergers and… Continue reading →
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Cybercrime Litigation
Cybercrime is, undoubtedly, a growing problem. Scarcely a week goes by without reports of massive online misconduct. The primary federal… Continue reading →
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How to Avoid the Standing Problem in Floyd: A Relaxed Approach to Standing in Class Actions
David Ourlicht, a black Manhattan man in his twenties, was stopped and frisked by New York City police officers three… Continue reading →
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Protecting, Restoring, Improving: Incorporating Therapeutic Jurisprudence and Restorative Justice Concepts into Civil Domestic Violence Cases
This Essay calls attention to various deficiencies underlying the civil protection order process. It argues that the parties in the… Continue reading →
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Combining Constitutional Clauses
Some constitutional questions implicate multiple, overlapping provisions of the Constitution’s text. In resolving these questions, the Supreme Court typically addresses… Continue reading →
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The Federalism Implications of Campaign Finance Regulation
Recent controversies in campaign finance have generated concerns that wealthy donors will dominate the political landscape, with Citizens United v.… Continue reading →
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The Media Exemption Puzzle of Campaign Finance Laws
In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court held that a federal… Continue reading →
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The Case for a Democratic Theory of American Election Law
If any area of constitutional adjudication requires philosophizing and a theory about politics, it is election law. Current election law… Continue reading →
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Sources of Conservative Thinking on Democracy
Not all conservatives are hostile to democracy or question the legitimacy of the democratic process, but many do, and their… Continue reading →