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 →
2020
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“Terroristic Threats” and COVID-19: A Guide for the Perplexed
The first few months of the COVID-19 outbreak in the United States saw the rise of a troubling sort of… Continue reading →
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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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The Frailty of Disability Rights
Whoever said pandemics were equalizers doesn’t know a thing about disability legal history. It does not take much of a… 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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Some Friendly Suggestions for the Federal Judiciary About Accountability
The University of Pennsylvania Law Review Online presents the fourth installment of “Independent and Accountable Courts in Perilous Times: Perspectives from the… Continue reading →