Volume 100
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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 -
ArticleVol. 100 · Iss. 2
Citizen Corp.–Corporate Activism and Democracy
Abstract Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this…
Saura Masconale & Simone M. Sepe -
ArticleVol. 100 · Iss. 2
Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit
Abstract Ordinarily, in federal court, only case-ending judgments can be appealed. The writ of mandamus is one exception to that so-called final judgment rule.…
J. Jonas Anderson, Paul R. Gugliuzza & Jason A. Rantanen -
ArticleVol. 100 · Iss. 2
Stewardship Theater
Abstract Large asset managers like BlackRock and Vanguard have amassed staggering equity holdings. The voting rights that accompany these holdings give them enormous power…
Jeff Schwartz -
ArticleVol. 100 · Iss. 2
House Rules: Congress and the Attorney-Client Privilege
Abstract In 2020, the Supreme Court rendered a landmark decision in Trump v. Mazars establishing four factors for determining the validity of congressional subpoenas…
David Rapallo -
ArticleVol. 100 · Iss. 2
Past-Acts Evidence in Excessive Force Litigation
Abstract Myriad obstacles prevent victims of police violence from vindicating civil claims against the officers who have harmed them and the cities which have…
James Stone -
NoteVol. 100 · Iss. 2
Digitize or Die: The Quixotic Battle for Camouflage Patterns in the United States Military
Abstract Military uniforms serve a multitude of purposes in the twenty-first century. In the United States, they are a ubiquitous symbol of patriotism and…
Thomas R. Farrell -
NoteVol. 100 · Iss. 2
The Stock Act Ten Years Later: The Need for a New Congressional Insider Trading Regulatory Scheme
Abstract A recent Pew Research poll indicated only 20% of Americans trust the federal government to “do the right thing.” Although falling trust in…
Andrew Krueger -
ArticleVol. 100 · Iss. 1
Disapproval of Quick-Look Approval: Antitrust after NCAA v. Alston
Abstract In its most recent antitrust opinion, National Collegiate Athletic Association v. Alston (2021), the Supreme Court condemned the NCAA’s policy against compensating student…
Christopher R. Leslie -
ArticleVol. 100 · Iss. 1
Content Under Pressure
Abstract The government generally may not punish speakers based on the content of their speech. Or so the story goes. While American courts frequently…
Randy J. Kozel