Issue 5
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An Extension of the Law of Torts or Not?: A Multi-Jurisdictional Approach to the Addition of a Special Rule on Vicarious Liability for Sexual Assault
Sexual assaults are incredibly harmful, prevalent, and violent, and the law must evolve as times change. Thankfully, in recent years,… Read More
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“Concrete Harm” or Wet Cement?: Examining Article III Standing in Breach of Contract Cases
Article III of the United States Constitution requires, “at an irreducible minimum,” that a party must have standing to bring… Read More
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The Rhetoric of Deception: Madison’s Federalist 37 and the Structure of the Ratification Debates
James Madison’s Federalist 37 is widely regarded by scholars as a political philosophy ur-text or a theoretical exposition of the… Read More
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Prosecution Without Prosecutors
As the United States debates once again what it wants from its criminal justice system, the role of the American… Read More
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The Promise of Computational Redistricting: A Practical Guide to Un-Gerrymandering
The post-2020 redistricting cycle was likely the last one in which political mapmakers drew electoral maps manually, one district at… Read More
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Americans in Ukraine: A Modern-Day Abraham Lincoln Brigade
On February 24, 2022, Russia invaded Ukraine in what U.S. President Joe Biden declared to be an “unprovoked and unjustified”… Read More
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Library Deposits and the Copyright Act, Post-Valancourt Books
Libraries play an integral role in the American identity. They also ensure that learning is accessible, advancing the Copyright Clause’s… Read More
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Identifying Fourth Amendment Values: An Evidence-Based Approach
Scholars have widely criticized the Supreme Court’s Fourth Amendment jurisprudence as incoherent, especially in cases involving emerging technologies. This Article… Read More
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Constitutionally Suspect Interventions in the Shareholder Proposal Forum
In recent years, shareholder proposals about social matters have increased significantly. While an average American may think such proposals are… Read More
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Wealth, Schmealth, Welfare, Schmelfare
Traditional cost-benefit analysis is sometimes equated with “wealth maximization,” but the equation is a mischaracterization: traditional cost-benefit analysis’s “sum of… Read More
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Labor’s Antitrust Immunity for Independent-Contractor Workers
Independent-contractor workers—those who provide principally their labor services without significant capital investment—can form unions and insist on bargaining with the… Read More
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Criminals Commit Crimes: Federal Rule of Evidence 609 and its Probative-Prejudicial Balancing Test
Before taking the stand to testify in court, all witnesses take an oath swearing to tell the truth, the whole… Read More
