Volume 97
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NoteVol. 97 · Iss. 4
United States Law’s Failure to Appreciate Art: How Public Art Has Been Left Out In The Cold
VARA does not sufficiently protect public artists’ moral rights. A better understanding of public art from an artistic, rather than legal, point of view…
Emma G. Stewart -
ArticleVol. 97 · Iss. 3
Regulation of Book Markets
Over the years, many European countries have regulated their national book markets. Chief among the regulatory schemes is the resale price maintenance (“RPM”) regime,…
Miriam Marcowitz-Bitton & Jacob Nussim -
ArticleVol. 97 · Iss. 3
Privacy Law’s False Promise
Privacy laws have never seemed stronger. New international, national, state, and local laws have been passed with the promise of greater protection for consumers.…
Ari Ezra Waldman -
ArticleVol. 97 · Iss. 3
The Hidden Transactional Wisdom of Media Discrimination in Pre-AWCPA Copyright
Media neutrality in copyright’s subject matter means that works of authorship are protected against copying, or not, regardless of the tangible medium in which…
Kevin Emerson Collins -
ArticleVol. 97 · Iss. 3
Collective Goods and The Court: A Theory of Constitutional Commodification
Not everything is or should be for sale. Collective goods such as our democracy and parts of our natural environment would be destroyed if…
Eric W. Orts & Amy J. Sepinwall -
CommentaryVol. 97 · Iss. 3
Robotic Collective Memory
The various ways in which robots and AI will affect our future society are at the center of scholarly attention. This Commentary, conversely, concentrates…
Michal Shur-Ofry & Guy Pessach -
NoteVol. 97 · Iss. 3
Littering for $500: How Does Judicial Estoppel Solve the Problems that Factually Baseless Pleas Pose to the Double Jeopardy Clause?
A factually baseless plea is one entered by a defendant for an offense that the defense, prosecution, and judge know that the defendant did…
Rob Mangone -
NoteVol. 97 · Iss. 3
Statutory Speedy Trial Period Calculations for Dismissed and Refiled Charges: A Case Study of Colorado’s Approach
Colorado’s current approach of allowing the speedy trial period to restart creates too large a loophole in the state’s statutory right to a speedy…
Marie Zoglo -
ArticleVol. 97 · Iss. 2
Technologically Distorted Conceptions of Punishment
Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing…
Jessica M. Eaglin -
ArticleVol. 97 · Iss. 2
Interstitial Space Law
Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties…
Melissa J. Durkee -
ArticleVol. 97 · Iss. 2
Criminal Clear Statement Rules
There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly…
Carissa Byrne Hessick & Joseph E. Kennedy -
ArticleVol. 97 · Iss. 2
Evidence-Based Lawyer Regulation
The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under…
Elizabeth Chambliss