Author
smilliganlawreview
Posts
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ArticleVol. 98 · Iss. 4
Police Prosecutions and Punitive Instincts
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions…
Kate Levine -
NoteVol. 98 · Iss. 3
How Content Moderation May Expose Social Media Companies to Greater Defamation Liability
This Note will explain the critical distinction between “publishers” and “platforms,” why social media entities are currently considered “platforms,” and why the legal system…
Tanner Bone -
ArticleVol. 98 · Iss. 3
Economic Regulation and Rural America
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been “left behind.” The…
Ann M. Eisenberg -
CommentaryVol. 98 · Iss. 3
Arbitrator Diversity: Can It Be Achieved?
The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list of twelve arbitrators AAA provided in a breach of contract…
Sarah Rudolph Cole -
NoteVol. 98 · Iss. 3
It’s Five O’Clock Everywhere: A Framework for the Modernization of Time
This Note discusses existing legal procedures by which the current system of time could be modified to adapt to contemporary social changes and reduce…
Ryan Deal -
ArticleVol. 98 · Iss. 3
Active Virtues
Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy.…
Michael D. Gilbert & Mauricio A. Guim -
ArticleVol. 98 · Iss. 3
Democratizing Rule Development
Agencies make many of their most important decisions in rulemaking well before the publication of a Notice of Proposed Rulemaking (NPRM), when they set…
Michael Sant’Ambrogio & Glen Staszewski -
ArticleVol. 98 · Iss. 3
Breaking Down Status
The law regulates some of society’s most significant relationships through status. Yet social and legal changes can diminish a status’s effectiveness and importance. The…
Kaiponanea T. Matsumura -
NoteVol. 98 · Iss. 2
Model Language for Supported Decision-Making Statutes
States often impose guardianship on people whose disabilities interfere with their decision-making ability, thereby entrusting another person with decision-making on their behalf. People with…
Rachel Mattingly Phillips -
ArticleVol. 98 · Iss. 2
Copyright and the Brain
This Article explores the intersection of copyright law, aesthetic theory, and neuroscience. The current test for copyright infringement requires a court or jury to…
Mark Bartholomew -
ArticleVol. 98 · Iss. 2
Freedom of the Press in Post-Truthism America
Freedom of the press in America is at a critical crossroads in a number of ways, but one way stands out as most fundamental:…
RonNell Andersen Jones & Lisa Grow Sun -
CommentaryVol. 98 · Iss. 2
Inmate Constitutional Claims and the Scienter Requirement
Scholars have criticized requirements that inmates prove malice or deliberate indifference to establish constitutional claims against corrections officials. The Eighth Amendment currently requires convicted…
Ann Woolhandler & Michael Collins