Volume 101
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CommentaryVol. 101 · Iss. 5
When Jurisdiction Stripping Raises Factual Questions
Courts apply a strong presumption in favor of judicial review of government action. When they apply that presumption, they silently presume that they can…
David K. Hausman -
NoteVol. 101 · Iss. 5
Better Good Than Lucky: A Legal Analysis Of Poker As A Skill Game In A Changing Gambling Climate
Economist Steven Levitt likens the game of poker to playing a sport or a musical instrument. Many people from all walks of life enjoy…
Elissa B. Harwood -
NoteVol. 101 · Iss. 5
Tribal Sovereignty & Sovereign Immunity In Bankruptcy
In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. Later that year, Mr. Coughlin filed for bankruptcy and listed his…
Justin Desjardins -
ArticleVol. 101 · Iss. 4
Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability
Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…
Matthew B. Lawrence -
ArticleVol. 101 · Iss. 4
Do the Securities Laws Actually Protect Investors (And How)? Lessons from SPACs
Some have criticized mandatory securities regulation based on the claim that market competition alone adequately constrains exploitation of public investors in securities offerings. Other…
Patrick M. Corrigan -
ArticleVol. 101 · Iss. 4
Algorithmic Black Swans
From biased lending algorithms to chatbots that spew violent hate speech, AI systems already pose many risks to society. While policymakers have a responsibility…
Noam Kolt -
ArticleVol. 101 · Iss. 4
Estimating a Face: What Predicting Appearance from DNA Reveals About the Need to Regulate Genetic Investigations
Reliance on flawed forensic disciplines has placed innocent people in prison with alarming frequency. In the past thirty years, forensic science has contributed to…
Allison Durkin -
CommentaryVol. 101 · Iss. 4
The Consent of the Governed: Resistance as Constituent Power
The legal status of resistance to tyranny as a universal human right has received little attention in recent years. Following the conclusion of World…
Leigha Crout -
NoteVol. 101 · Iss. 4
The Law of Vibes: Much Ado About Preliminary Injunctions
Federal courts are in the midst of a crisis of legitimacy. Faith in the judiciary has plunged to historically low levels, leading the Biden…
Jacob Cogdill -
NoteVol. 101 · Iss. 4
Fairness for All? The Implications of Adopting a Third-Gender Category in Elite Sports
On March 18, 2022, the NCAA Women’s Division I Swimming and Diving Championships garnered national attention for more than just the record-breaking swims. The…
Emily Fox -
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