Issue 5
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Proportional Mens Rea and the Future of Criminal Code Reform
The topic of mens rea has historically played a foundational role in both motivating and guiding criminal code reform efforts.… Read More
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Landmark Trademarks
Sometimes a body of factually similar cases accretes over time and with little notice, particularly when courts do not announce… Read More
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Let Prophets Be (Non) Profits
Even organizations that support such odious values as racism and homophobia are entitled, under the First Amendment to the Constitution,… Read More
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Contracting for Torts
In many instances, actors will not participate in a tortious activity unless others agree (or otherwise pre-commit) to join the… Read More
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Riding the Line Between “Employee” and “Independent Contractor” in the Modern Sharing Economy
Determining whether a worker is an “employee” or an “independent contractor” can be an uncertain and consequential task. According to… Read More
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Beyond the First Amendment: Broader Protections for a Citizen’s Right to Record
“I can’t breathe. I can’t breathe. I can’t breathe.” For members of the public paying even the slightest bit of… Read More
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Invalidity Assertion Entities and Inter Partes Review: Rent Seeking as a Tool to Discourage Patent Trolls
Rent seeking is one of the most criticized aspects of the modern patent system. A primary adherent to the rent-seeking… Read More
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Of Progressive Property and Public Debt
Part I rejects the prevailing but false dichotomy between property rights and human dignity concerns. In order to contextualize this… Read More
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Cracking the Problem of Finders–An Empirical and Computational Analysis
There has been a long-standing cloud of obscurity hanging over the finder’s regulatory lawscape, due to the uncertainty about a… Read More
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Body-Worn Cameras: Exploring the Unintentional Consequences of Technological Advances and Ensuring a Role for Community Consultation
The increased use of body-worn cameras has several benefits for both citizens and police. For example, footage from the cameras… Read More
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The Taxing Power After Sebelius
In National Federation of Independent Business v. Sebelius, the individual mandate of the Affordable Care Act was upheld under Congress’s… Read More
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Balancing Interests: How the Prescriptive Easement Doctrine Can Continue to Efficiently Support Public Policy
The common law doctrine of prescriptive easements does not efficiently balance the public policy rationales that are responsible for the… Read More
