Topic
State Action Doctrine
Posts
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ArticleVol. 103 · Iss. 3
“Original History” and the Free Exercise Case for Religious Charter Schools
Only rarely is it publicly known which Supreme Court Justice holds the decisive vote on a blockbuster issue because the other eight have already…
Aaron Tang & Ethan Hutt -
ArticleVol. 95 · Iss. 6
Managing Dissent
In his insightful new book, Managed Speech: The Roberts Court’s First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a “managed…
Timothy Zick -
ArticleVol. 95 · Iss. 6
Four Principles for Digital Expression (You Won’t Believe #3!)
At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In…
Danielle Keats Citron & Neil M. Richards -
ArticleVol. 96 · Iss. 2
Patents and the First Amendment
Patents are intended as a means of promoting innovation through private pecuniary incentives. But the patent system has for some time been on a…
Dan L. Burk -
ArticleVol. 93 · Iss. 3
Public Laws and Private Lawmakers
The Obama Administration’s “Clean Power Plan” for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional…
Kimberly N. Brown -
ArticleVol. 97 · Iss. 6
‘The Peculiar Genius of Private-Law Systems’: Making Room for Religious Commerce
Religious commerce has long sat uncomfortably at the nexus of public law and private law. On the one hand, such transactions invariably have garden-variety commercial objectives,…
Michael A. Helfand -
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 -
NoteVol. 89 · Iss. 4
ICANN’s Escape from Antitrust Liability
The power to control the architecture of the Internet is the power to control communication, commerce, and vast quantities of personal data. That power…
Justin T. Lepp