Volume 103
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NoteVol. 103 · Iss. 4
Loosening the Confidentiality Straitjacket
In May 2024, the Federal Trade Commission (FTC) finalized its rule invalidating most non-competition agreements for approximately thirty million workers across the United States.…
Jaden A. Lanza -
ArticleVol. 103 · Iss. 3
Artificial Intelligence and Aggregate Litigation
The era of AI litigation has begun, and a fundamental tension has emerged. AI tools operate at unprecedented scale, creating mass harms that favor…
Daniel Wilf-Townsend -
ArticleVol. 103 · Iss. 3
Consumer Agents
In the twenty-first-century economy, individuals need market help that they are not getting. The technology has long existed for a browser plug-in that would…
Rory Van Loo -
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. 103 · Iss. 3
The Surveillance of System-Adjacent Individuals
Although the Fourth Amendment protects against “unreasonable searches and seizures,” this right is not enjoyed by all people equally. Supreme Court jurisprudence has curtailed…
Mariam A. Hinds -
CommentaryVol. 103 · Iss. 3
Havens for Corporate Lawbreaking
Whether corporations are obligated to maximize profits or if they ought to consider societal interests more broadly remains one of the most highly contested…
William J. Moon -
NoteVol. 103 · Iss. 3
Is Dealmaking Going Out of Fashion? The Impact of the FTC-Tapestry, Inc. Litigation on M&A Activity in the Fashion Industry
Anyone who has watched The Devil Wears Prada remembers the iconic scene where Miranda Priestly, the editor-in-chief of a fashion magazine, disparages Andy, her…
Beverly Rose Lobo -
NoteVol. 103 · Iss. 3
Good Kids, m.A.A.d State: Effects of Georgia House Bill 462 and Keeping the Age of Criminal Responsibility for Gang-Related Crimes Under Eighteen
Despite decades of proposed legislation and cries for juvenile justice reform, Georgia cannot cross the finish line—it is one of only three U.S. states…
Danielle S. Williams -
ArticleVol. 103 · Iss. 2
Constitutional Private Law
Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a…
E. Garrett West -
ArticleVol. 103 · Iss. 2
Notice Pleading’s Quiet Return
Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft…
Alexander A. Reinert -
ArticleVol. 103 · Iss. 2
The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?
Fourth Amendment law has two “search” tests: The Katz privacy test and the Jones property test. Lower courts are not sure what the difference…
Orin S. Kerr -
ArticleVol. 103 · Iss. 2
Policing Children’s Data
In recent years, advances in policing technology have dramatically expanded law enforcement’s ability to access data. This includes children’s data—their photographs, text messages, geolocation…
Nila Bala