Issue 3
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ArticleVol. 100 · Iss. 3
The Undemocratic Class Action
Abstract Class actions can have profound effects. But theorists, policymakers, and judges have long worried that attorneys can use them for their own advantage,…
Nicholas Almendares -
ArticleVol. 100 · Iss. 3
SPACTIVISM
Abstract In this Essay, we propose a modified version of the SPAC, called the Activist SPAC, that is uniquely designed to allow the public…
Sharon Hannes, Adi Libson & Gideon Parchomovsky -
ArticleVol. 100 · Iss. 3
The Disembodied First Amendment
Abstract First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything…
Nathan Cortez & William Sage -
ArticleVol. 100 · Iss. 3
Crypto Assets and the Problem of Tax Classifications
Abstract To date, Internal Revenue Service (I.R.S.) guidance on cryptocurrencies has been thin. When the I.R.S. has issued guidance, it occasionally mishandles the technical…
Eric D. Chason -
NoteVol. 100 · Iss. 3
Actions Speak Louder Than Words: Compelled Biometric Decryption is a Testimonial Act
Abstract Most Americans can open their personal device using only their finger, not to type the password, but as the password itself. Using features…
Aubrey Zimmerling -
NoteVol. 100 · Iss. 3
Addressing the Supreme Court’s Half-Baked Eighth Amendment Majoritarianism: How States Can Use Advisory Ballot Questions to Give More Legitimacy to the Court’s Death Penalty Decisions
Introduction Over its half-century-long struggle with how to determine whether a particular application of the death penalty is unconstitutional under the Eighth Amendment’s prohibition…
Dominic Ferrante -
NoteVol. 100 · Iss. 3
A Privacy Torts Solution to Postmortem Deepfakes
Introduction In 2021, Road Runner, a documentary about late celebrity chef Anthony Bourdain, became embroiled in controversy for using AI-generated voice technology to create…
Olivia Wall