Volume 98
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ArticleVol. 98 · Iss. 3
Breaking Down Status
The law regulates some of society’s most significant relationships through status. Yet social and legal changes can diminish a status’s effectiveness and importance. The…
Kaiponanea T. Matsumura -
CommentaryVol. 98 · Iss. 3
Arbitrator Diversity: Can It Be Achieved?
The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list of twelve arbitrators AAA provided in a breach of contract…
Sarah Rudolph Cole -
NoteVol. 98 · Iss. 3
How Content Moderation May Expose Social Media Companies to Greater Defamation Liability
This Note will explain the critical distinction between “publishers” and “platforms,” why social media entities are currently considered “platforms,” and why the legal system…
Tanner Bone -
NoteVol. 98 · Iss. 3
It’s Five O’Clock Everywhere: A Framework for the Modernization of Time
This Note discusses existing legal procedures by which the current system of time could be modified to adapt to contemporary social changes and reduce…
Ryan Deal -
ArticleVol. 98 · Iss. 2
Copyright and the Brain
This Article explores the intersection of copyright law, aesthetic theory, and neuroscience. The current test for copyright infringement requires a court or jury to…
Mark Bartholomew -
ArticleVol. 98 · Iss. 2
Freedom of the Press in Post-Truthism America
Freedom of the press in America is at a critical crossroads in a number of ways, but one way stands out as most fundamental:…
RonNell Andersen Jones & Lisa Grow Sun -
ArticleVol. 98 · Iss. 2
Choosing Wisely: Envisioning Perinatal Hospice Notification Laws that Inform and Empower
Perinatal hospice refers to a cluster of medical services that some individuals choose after the diagnosis of a life-limiting fetal condition. At its core,…
Ashley Flakus -
ArticleVol. 98 · Iss. 2
Sex, Causation, and Algorithms: How Equal Protection Prohibits Compounding Prior Injustice
U.S. constitutional law prohibits the use of sex as a proxy for other traits in most instances. For example, the Virginia Military Institute (VMI)…
Deborah Hellman -
ArticleVol. 98 · Iss. 2
Banking on Democracy
The financial system is unequal and exclusionary even as it is supported, funded, and subsidized by public institutions. This is not just a flaw…
Mehrsa Baradaran -
CommentaryVol. 98 · Iss. 2
Inmate Constitutional Claims and the Scienter Requirement
Scholars have criticized requirements that inmates prove malice or deliberate indifference to establish constitutional claims against corrections officials. The Eighth Amendment currently requires convicted…
Ann Woolhandler & Michael Collins -
NoteVol. 98 · Iss. 2
Model Language for Supported Decision-Making Statutes
States often impose guardianship on people whose disabilities interfere with their decision-making ability, thereby entrusting another person with decision-making on their behalf. People with…
Rachel Mattingly Phillips -
ArticleVol. 98 · Iss. 1
The Court and the Suspect: Human Frailty, the Calculating Criminal, and the Penitent in the Interrogation Room
With each new Supreme Court opinion, Miranda v. Arizona increasingly resembles an aging film star, making a major splash when first coming onto the…
Scott E. Sundby