Issue 3
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ArticleVol. 101 · Iss. 3
“Religion,” Before Darwin
The First Amendment singles out “religion” for special treatment, but the boundaries of that concept have always been difficult to describe. Nevertheless, there is…
James Toomey -
ArticleVol. 101 · Iss. 3
Privacy Nicks: How the Law Normalizes Surveillance
Privacy law is failing to protect individuals from being watched and exposed, despite stronger surveillance and data protection rules. The problem is that our…
Woodrow Hartzog, Evan Selinger & Johanna Gunawan -
ArticleVol. 101 · Iss. 3
The Ghosts of the Affordable Care Act
The Patient Protection and Affordable Care Act (ACA) is perhaps the most important piece of social legislation enacted in the United States in the…
Gabriel Scheffler -
ArticleVol. 101 · Iss. 3
Antitrust Regulation of Copyright Markets
Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and…
Jacob Noti-Victor & Xiyin Tang -
CommentaryVol. 101 · Iss. 3
Arbitrating Corruption
One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception.…
Rachel Brewster -
NoteVol. 101 · Iss. 3
Confounding Interests: Next-Best Alternatives to the Unattainable Notion of Complete Fairness in Cy-Pres-Only Class Action Settlements
Taken to its idealistic extent, the American legal system is designed to provide relief from harms through an efficient, effective, and fair process. It…
Lauryn Masters -
NoteVol. 101 · Iss. 3
Social Mission Impossible: Why Fiduciary-Like Obligations Must Protect Wholly Owned Benefit Corporations
In 2023, corporate social activism is all the rage. Surveyed investors and consumers both profusely indicate a preference for businesses to prioritize social pursuits…
Nick Pirsos