Topic
Law and Psychology
Posts
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ArticleVol. 94 · Iss. 1
Antitrust in Zero-Price Markets: Applications
“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or…
John M. Newman -
ArticleVol. 95 · Iss. 3
IP, R.I.P.
Death is an inevitably disruptive event. When a famous artist or public figure dies, the fallout can be particularly complex and contentious. An artist’s…
Andrew Gilden -
ArticleVol. 95 · Iss. 1
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments
Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in…
John Campbell, Bernard Chao & Christopher Robertson -
ArticleVol. 96 · Iss. 6
Safe Social Spaces
Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge…
Ari Ezra Waldman -
ArticleVol. 96 · Iss. 6
The Pathologies of Digital Consent
Consent permeates both our law and our lives—particularly in the digital context. Consent is the foundation of the relationships we have with search engines,…
Neil Richards & Woodrow Hartzog -
ArticleVol. 93 · Iss. 3
Pension De-risking
The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans…
Brendan S. Maher & Paul M. Secunda -
NoteVol. 92 · Iss. 5
The Inbetweeners: Standardizing Juvenileness and Recognizing Emerging Adulthood for Sentencing Purposes After Miller
In June 2012, the United States Supreme Court decided Miller v. Alabama, marking significant progress in the Court’s Eighth Amendment jurisprudence regarding juvenile offenders.…
Kevin J. Holt -
CommentaryVol. 92 · Iss. 3
Moral Panics and Body Cameras
This Commentary uses the lens of “moral panics” to evaluate public support for equipping law enforcement with body cameras as a response and solution…
Howard M. Wasserman -
NoteVol. 92 · Iss. 3
Throwing a Toy Wrench in the “Greatest Legal Engine”: Child Witnesses and the Confrontation Clause
Cross-examination of witnesses has often been called the “greatest legal engine ever invented for the discovery of truth.” Enshrined in the Confrontation Clause of…
Jonathan Clow -
ArticleVol. 92 · Iss. 2
Racial Classification and Ascriptive Injury
This Article describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action,…
Paul Gowder -
NoteVol. 91 · Iss. 6
The Constitutional Hall Pass: Rethinking the Gap in § 1983 Liability That Public Schools Have Enjoyed Since Deshaney
On six occasions during the 2007–2008 school year, Tommy Keyes picked up nine-year-old Jane Doe from her elementary school during school hours. On each…
Jeff Sanford -
ArticleVol. 97 · Iss. 5
Denialism and the Death Penalty
The persistence of capital punishment as a constitutional form of punishment in the United States reflects deep denialism about the practice and the role…
Jenny-Brooke Condon