Issue 5
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SCOTUS’s Shadiest Shadow Docket
Recently, scholars and the media have been paying a lot of attention to the Supreme Court’s so-called “shadow docket”—its rulings… Read More
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Ignoring Drug Trademarks
State generic substitution laws permit, and sometimes require, a pharmacist to ignore the instructions on a prescription written by a… Read More
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The New Peonage: Liberty and Precarity for Workers in the Gig Economy
According to a 2016 Time magazine article, over 45 million people currently work in the “gig,” “on demand,” or “sharing”… Read More
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Justifying Family Separation: Constructing the Criminal Alien and the Alien Mother
The marriage of discourse and law can reframe whole areas of law into or out of public view, centering some,… Read More
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Rights Should Not Vary Based on Offense Severity
Some constitutional rights of criminal procedure apply unequally, varying based on offense (or punishment) severity. Of some vary proportionally, attaching… Read More
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Does Bail Reform Increase Crime? An Empirical Assessment of the Public Safety Implications of Bail Reform in Cook County, Illinois
Recently bail reform issues have been in the news across the country, as concerns about fair treatment of defendants and… Read More
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Juror Responsibility in Capital Sentencing: A “Recommendation” for North Carolina
In the United States, a criminal defendant can be sentenced to death only upon a finding by the jury. Thus,… Read More
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Three Ways of Looking at Dispute Resolution
At the heart of contemporary dispute resolution theory stands the method of interest-based negotiation. The reliance on interests to resolve… Read More
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Incorporating Market Reactions Into Agency Rulemaking
The Article proposes a novel mechanism by which financial regulatory agencies, such as the U.S. Securities and Exchange Commission (“SEC”),… Read More
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Hungry for Change: The Law and Policy of Food Health Labeling
While food consumption is a prerequisite for human life, the effects of the modern diet can be dire. Modern unhealthy… Read More
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Reputation Failure: The Limits of Market Discipline in Consumer Markets
Many believe that consumer-sourced reputational information about products should increasingly replace top-down regulation. Instead of protecting consumers through coercive laws,… Read More
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Say “Yes” to the [Trade] Dress: A Comment on Trade Dress Protection for the “Look and Feel” of Lifestyle Blogs
Shopping in brick-and-mortar stores has steadily become obsolete, with online shopping taking over the spotlight. More interesting is the role… Read More
