Content Posted in 2021
132nd Commencement Address, Jack Shields
A Democratic View of Public Employee Speech Rights, R. George Wright
A "Directed Trust" Approach to Intergenerational Solidarity in American Environmental Law and Policy: A Modest Proposal, Lucia A. Silecchia
Air Aware: Crimes in the Air and the Circuit Split That Could Change How and Where Air Crimes are Prosecuted, Aimee Solano and Dan Zachem
All for Nothing?: Executive Authority and Congressional Evasion on Arms Sales, Margaret M. Murphy
Appellate Review of Courts-Martial in the United States, Scott W. Stucky
Approaches to Combating Gender-Based Violence: The Council of Europe Istanbul Convention Approach and the U.S. Experience, Katarzyna Wolska-Wrona, Diane Kiesel, and Leah Wortham
Bargaining for Innovation, Elizabeth I. Winston
Bet On It: The Complicated History and Uncertain Future of Sports Betting in the United States and How the Growing Industry Might Affect Technological Advancements, Mark Nobile and Susanna Frederick Fischer
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, and Accountability in Armed Conflict, Salahudin Ali
Business Accountability for Human Rights: Social Responsibility & Small Business, Chris Pilkerton and Shawn MacDonald
But We Didn’t Agree to That!: Why Class Proceedings Should Not Be Implied from Silent or Ambiguous Arbitration Clauses After Lamps Plus, Inc. v. Varela, Andrea DeMelo Laprade
Can the Liquidity Rule Keep Mutual Funds Afloat? Contextualizing the Collapse of Third Avenue Management Focused Credit Fund, Nicolas Valderrama
Child Support and Joint Physical Custody, Raymond C. O'Brien
Child Support and Joint Physical Custody, Raymond C. O'Brien
Clarifying the Probable Cause Standard in the Internet Age for Crimes Involving Child Pornography, Justin Kenyon
Cloudy with a Chance of Government Intrusion: The Third-Party Doctrine in the 21st Century, Steven Arango
Commercialization of Space, Laura Montgomery, Sabrina Jawed, Jessica Noble, and Diane Janosek
Compelled Unionism in the Private Sector After Janus: Why Unions Should Not Profit from Dissenting Employees, Giovanna Bonafede
Contested Places, Utility Pole Spaces: A Competition and Safety Framework for Analyzing Utility Pole Association Rules, Roles, and Risks, Catherine J.K. Sandoval
Cross-Examining Someone Who Says ‘Me Too:’ Effect of Haidak on University Due Process, Rachel Simoneau
Cruel and Unusual: Closing the Door on Juvenile De Facto Life Sentences, Thomas Garrity
Cyber Insurance Today: Saving It Before It Needs Saving, Angela Nieves
Death Penalty Representation: A Historical Perspective, Mary Graw Leary, Jason Abbott, Arthur Donaldson, and Brian Stolarz
Defining Who Is an Employee After A.B.5: Trading Uniformity and Simplicity for Expanded Coverage, Edward A. Zelinsky
Dobbs and the Fate of the Conservative Legal Movement, J. Joel Alicea
Domestic Relations: Cases and Materials (9th ed.), Raymond C. O'Brien, Walter Wadlington, and Robin F. Wilson
Domestic Relations: Selected Uniform Laws, Model Legislation, Federal Statutes, State Statutes, & International Treaties (2021 statutory and documentary supp. to 9th ed. 2021), Raymond C. O'Brien, Walter Wadlington, and Robin F. Wilson
European and U.S. Perspectives on Investment Fund Regulation, Wictor Furman and James V. Catano
European Union and United States Budget-Making: Process, Politics, and Policy in a COVID-Challenged World, Katarzyna Stryjniak and Karen A. Tramontano
Examining United States Retirement Savings Policy through the Lens of International Human Rights Principles, Regina T. Jefferson, Elżbieta Karska, and Leah Wortham
Fintech: New Battle Lines in the Patent Wars?, Megan M. La Belle and Heidi Mandanis Schooner
Forming a More Perfect Honor System: Why the Trend of Over-Legalizing Academic Honor Codes Must be Reversed, Christopher M. Hartley
Forty Years of Originalism, Joel Alicea
How Well Did the Post-2008 Financial Crisis Regime Prepare the World for the COVID-19 Pandemic?, Heidi Mandanis Schooner, Leah Wortham, and Michal Bobrzynski
Human Rights Compliance - How the Public and Private Sectors Can Work Together to Stop Modern-Day Slavery, Stephen Payne, Sarah Helene Duggin, Renata Parras, John Cotton Richmond, Kevin Hyland, and John Jager
Information Age Technology, Industrial Age Laws, Elizabeth I. Winston
Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek
International Law and the New Biden Administration, Geoffrey R. Watson, Izabela Krasnicka, and Leah Wortham
In the Name of Diversity: Why Mandatory Diversity Statements Violate the First Amendment and Reduce Intellectual Diversity in Academia, Daniel M. Ortner
Investments and Security: Balancing International Commerce and National Security with Expanded Authority for the Committee on Foreign Investment in the United States, Christopher Jusuf
Is the #MeToo Movement for Real? The Implications for Jurors’ Biases in Sexual Assault Cases, Mary Graw Leary
Keynote Remarks, Perry Moriearty
Keynote Remarks, Audrey Allison
Lawrence v. Texas: 18 Years Later, Paul M. Smith
Legislative Effects of Graham, Heather Renwick, Marsha Levick, Riya Saha Shah, and Cara H. Drinan
Life After Graham, Marc Howard, Roy Middleton, and Alonzo Turner-Bey
Looking Beyond the Profit and Into the Light: Consumer Financial Protection and the Common Good, Veryl Victoria Miles
Love, Healing, and Justice in Washington, Louis Brown
Masthead, Editor in Chief
Masthead, Editor-in- Chief
#MeToo and #BlackLives Matter: Conflicting Objectives or Opportunities for Advancement of Shared Priorities?, Mary Graw Leary, Aleksandra Kustra-Rogatka, and Leah Wortham
Military Space, Geoffrey R. Watson, Deborah Plunkett, Glenn Reynolds, Kaitlyn Johnson, and Damon Richardson
Monumental Harm: Reckoning With Jim Crow Era Confederate Monuments, Roger C. Hartley
No Ifs, Ands, or Juuls About It: Why Influencers Must Be Held Accountable, Krystina Dorta
Not Lost but Found: Finding Freedom in Submission, William J. Haun
Originalism and the Rule of the Dead, Joel Alicea
Police Perceptions, Knowledge, and Performance: Traffic Stops and the Use of K-9 Units, Christopher D. Totten, Gang Lee, and Daniel Ozment
Police Using Photoshop to Alter a Suspect's Photo in Lineup and Courts Allowing It: Does it Violate Due Process?, Molly Eyerman
Pope John Paul II and the Law: Foreword, Elizabeth Kirk
"PrEP"aring for a Challenge to Government-Owned Patents, Caleb Holland
Privacy, Eavesdropping, and Wiretapping Across the United States: Reasonable Expectation of Privacy and Judicial Discretion, Carol M. Bast
Property and Local Knowledge, Malcolm Lavoie
Resentencing Hearings Post Graham, Jack Panella, Vida Johnson, Chesley Lightsey, and Erin M. DeRiso
Seeing (Platforms) Like a State: Digital Legibility and Lessons for Platform Governance, Neil Chilson
Sounds of Science: Copyright Infringement in AI Music Generator Outputs, Eric Sunray
Sustainable Investment - The New Heart of EU Financial Market Regulation, Gaspar Kot, Chris Concannon, and Leah Wortham
Table of Contents, Editor in Chief
Table of Contents, Editor-in- Chief
Take Note: Teaching Law Students to be Responsible Stewards of Technology, Kristen E. Murray
Taxation of Long-term Unemployment in the Digital Economy: Facing the Twenty-First Century Challenges, Limor Riza
The Attorney-Client Privilege and Former Employees, Douglas R. Richmond
The COVID-19 Pandemic and Its Impact on Religious Freedom, Mark L. Rienzi and William J. Haun
The Essentially-at-Home Requirement for General Jurisdiction: Some Embarrassing Cases, David Crump
The Federal Rule of Civil Procedure 37(e) and Achieving Uniformity of Case Law on Sanctions For ESI Spoliation: Focusing on the “Intent To Deprive” Culpability Under Rule 37(e)(2), Jung Won Jun and Rockyoun Ihm
The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals, John B. Nalbandian, Makan Delrahim, Gene Kimmelman, Maureen Ohlhausen, and Rainer Wessely
The Global Rise of Judicial Review Since 1945, Steven G. Calabresi
The Miller Trilogy and the Persistence of Extreme Juvenile Sentences, Cara H. Drinan
The Path Less Traveled: A Natural Law Critique of Justice Holmes’ Path of the Law, Alexander Hamilton
The Role of Qualified Immunity in Police Accountability, Stephanie Ferner, Wyndal Gordon, Lance LoRusso, and Roger C. Hartley
The Survival of Critical Infrastructure: How Do We Stop Ransomware Attacks on Hospitals?, Helena Roland
The Use of Tax Policy to Promote Justice and Human Dignity, Regina T. Jefferson
The War on Kids: Progress and the Path forward on Juvenile Justice, Cara H. Drinan, Leah Wortham, and Wlodzimierz Wróbel
To Innovate or Regulate: How to Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard
Towards a Governance Model of Ungovernable Prisons: How Recognition of Inmate Organizations, Dialogue, and Mutual Respect Can Transform Violent Prisons in Latin America, José Luis Pérez Guadalupe, James Cavallaro, and Lucia Nuñovero
United States Supreme Court IP Cases, 1810–2019: Measuring & Mapping the Citation Networks, Joseph Scott Miller
We Need To Talk About Adoption, Elizabeth Kirk
What's in Your Box? Removing the Tiffany Standard of Knowledge in Online Marketplaces, Hayley Dunn
When is Police Interrogation Really Police Interrogation? A Look at the Application of the Miranda Mandate, Paul Marcus
Whose Choice?: The Future of Construction (and Maybe All) Labor Law, Michael J. Hayes
Whose Highest and Best? Including Economic Development and Individual Landownership in the Highest and Best Use Standard, Brigid Sawyer
Why, or Why Not, Be an Originalist?, Dean Reuter, Thomas Hardiman, Amy Coney Barrett, Michael C. Dorf, Saikrishna B. Prakash, and Richard H. Pildes
Why the Constitution Still Matters, Sarah Helene Duggin, Matthew Green, and Stephen A. West
Will COVID-19 be a Force Majeure Event in Commercial Contracts? A Civil and Common Law Analysis, Leah Wortham, Vincenzo Senatore, and Andrew Palmieri
Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should be Allowed to Breach Confidentiality to Help Exonerate the Innocent, Vania M. Smith
