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CommentaryVol. 97 · Iss. 4
Troll Storms and Tort Liability for Speech Urging Action by Others: A First Amendment Analysis and An Initial Step Toward A Federal Rule
This Commentary examines when, consistent with First Amendment principles of free expression, speakers can be held tortiously responsible for the actions of others with…
Clay Calvert -
NoteVol. 97 · Iss. 4
Politics and the Courtroom: A Battle Between Federal Rule of Civil Procedure 24 and Amicus Curiae Briefs
Intervention under Rule 24 has been judicially construed in light of the 1966 Amendment to a loose burden far and away from its real-property-based…
Annie T. Stanford -
NoteVol. 97 · Iss. 4
United States Law’s Failure to Appreciate Art: How Public Art Has Been Left Out In The Cold
VARA does not sufficiently protect public artists’ moral rights. A better understanding of public art from an artistic, rather than legal, point of view…
Emma G. Stewart -
ArticleVol. 97 · Iss. 4
Illegitimate Citizenship Rules
In 2017, the Supreme Court decided Sessions v. Morales-Santana, a challenge to 8 U.S.C. § 1409, the law governing the conferral of U.S. citizenship…
Leticia Saucedo & Rose Cuison Villazor -
ArticleVol. 97 · Iss. 4
The Law of Emerging Adults
Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright line between two…
Clare Ryan -
ArticleVol. 97 · Iss. 4
How Do Judges Decide School Finance Cases?
There is an old riddle that asks, what do constitutional school funding lawsuits and birds have in common? The answer: every state has its…
Ethan Hutt, Daniel Klasik & Aaron Tang -
ArticleVol. 97 · Iss. 4
Fiduciary Blind Spot: The Failure of Institutional Investors to Prevent the Illegitimate Use of Working Americans’ Savings for Corporate Political Spending
For decades, American workers have been subjected to increasing pressure to become forced capitalists, in the sense that to provide for retirement for themselves,…
Leo E. Strine Jr. -
CommentaryVol. 97 · Iss. 3
Robotic Collective Memory
The various ways in which robots and AI will affect our future society are at the center of scholarly attention. This Commentary, conversely, concentrates…
Michal Shur-Ofry & Guy Pessach -
ArticleVol. 97 · Iss. 3
Regulation of Book Markets
Over the years, many European countries have regulated their national book markets. Chief among the regulatory schemes is the resale price maintenance (“RPM”) regime,…
Miriam Marcowitz-Bitton & Jacob Nussim -
ArticleVol. 97 · Iss. 3
Privacy Law’s False Promise
Privacy laws have never seemed stronger. New international, national, state, and local laws have been passed with the promise of greater protection for consumers.…
Ari Ezra Waldman -
NoteVol. 97 · Iss. 3
Littering for $500: How Does Judicial Estoppel Solve the Problems that Factually Baseless Pleas Pose to the Double Jeopardy Clause?
A factually baseless plea is one entered by a defendant for an offense that the defense, prosecution, and judge know that the defendant did…
Rob Mangone -
ArticleVol. 97 · Iss. 3
The Hidden Transactional Wisdom of Media Discrimination in Pre-AWCPA Copyright
Media neutrality in copyright’s subject matter means that works of authorship are protected against copying, or not, regardless of the tangible medium in which…
Kevin Emerson Collins