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Probable Cause Deportation
Immigrants increasingly face deportation and visa denials due to dismissed charges and unverified reports. Unlike the more commonly discussed conviction-based grounds of inadmissibility and removability, the reason-to-believe class of inadmissibility grounds require no conviction, or even admission…
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Fundamental Rights and Fair Fights: Holding Out for Legal Patent Recognition Under State Multiparent Recognition Statutes
This Article considers the impact of the behavioral proxy of holding out to establish legal parenthood, and how that proxy functions in new statutory frameworks designed to recognize more than two legal parents for a child. Holding out was originally conceived as a mechanism to allow unmarried…
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Paying Dividends: An Empirical Examination of How Student Compensation Enhances Externships
Externships provide impactful experiential education opportunities that enable law students to acquire the skills, networks, and self-awareness they need to launch their legal careers. Since 2016, the American Bar Association (“ABA”) has allowed students to receive compensation in addition to…
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Sexual Communications, Digital Intimacy, and the Extremely Limited Admissibility of Evidence of a Complainant’s Intention to Consent
Research indicates that women are less likely than men to have any intention of actually engaging in the sexual activities they communicate about digitally, and men are more likely than women to assume that sexual text messages indicate an intention to engage in sex “in real life.” Sexting often…
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Legal Scholarship in an Age of Social Media
(Excerpt) This symposium essay will offer insights into how legal scholarship—and the law—are changing in a time of social media. Platforms or their names may change, but the immediacy and connection that they offer, for better or worse, here to stay. The argument amounts to two sides of the same…
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The Architecture of U.S. Fascism: Part II
In Part I of this series, I argued that the United States has always already been proto-fascist, but that today it is undergoing a transition into formal, de jure fascism. This transition is the result of a change in the class nature of the state itself. In Part II, I focus on the legal…
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The Bigotry of the Future: AI Recruitment Tools & Hiring Discrimination Law
As one-click applications and a competitive job market result in hundreds of applicants per listing, hiring tools that use Artificial Intelligence (“AI”) promise recruiters a convenient way to sort through the crowd and find the “perfect” candidate, all while eliminating human bias. These…
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Worker Power and Antimonopoly Revisited
The impact of large firms on workers’ interests has drawn scholarly interest at least since the Industrial Revolution. In recent decades, that interest has intensified, and the view that large firms are incompatible with egalitarian labor market outcomes has been voiced by scholars across the…
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Our Clients’ Rights on Mute: Virtual Court, Due Process, and Judicial Discretion
The use of videoconferencing as a substitute for in-person appearances began in immigration proceedings in the mid-1990s. During the height of the COVID-19 pandemic, its use expanded significantly in the criminal and civil contexts, when both state and federal courts invested heavily in the…
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Rules of the Game: Lessons from Sports to Understand Antitrust Law’s Fairness Foundations
Traditionally, courts and practitioners assert that the antitrust laws are simply about protecting competition, not competitors. In essence, these parties perceive competition to be inherently desirable, rather than recognizing that it can be beneficial or harmful depending on its intensity and…
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Stealth Consolidation: Healthcare’s Process of Quietly Dodging Antitrust Enforcement
The healthcare industry has become highly concentrated due to increased rates of consolidation. Mergers and acquisitions among healthcare providers have become extremely common, making dominant hospital systems the norm. When healthcare provider markets are highly concentrated, competition…
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The Ten Commandments, Stripped of Slavery, Exodus & Jubilee
The Ten Commandments are back on public classroom walls and in federal court, after several states passed new laws requiring school districts to post the text. As attorneys, judges, and amici debate whether First Amendment law has changed enough since Stone v. Graham in 1980 to allow the posting of…
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Scraping Bad: The Case for a Unified Scraping Framework
This Note explores the growing legal and regulatory landscapes of web scraping in the United States and argues that web scraping should be regulated through a unified federal framework tailored to its unique technological and economic realities. Web scraping allows organizations to collect massive…
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