352,685 results
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Accounting for Spatial Effects and Social Norms in Making Algorithmic Law: Insights from and Applications in Urban Mobility
This Article examines a prominent idea in the law and technology literature: that algorithms and big data can be used to make law dynamic and personalized. As currently envisioned by legal scholars, “algorithmic law” entails laws that adjust in real time to changing conditions and vary across…
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True Threats, Public Safety, and Free Speech: An Empirical Analysis of Counterman's Consequences
Many scholars expected the Supreme Court’s Counterman decision to significantly reshape true threat law, undermining public safety while expanding protections for caustic political speech. Counterman required that a speaker consciously disregard a substantial risk that their communications would be…
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An Upside of Originalism? Jury Size
Originalists have taken over the Supreme Court, and many commentators are up in arms. This historical approach to constitutional interpretation can entrench historical biases, result in what many view as unjust decisions, and even cloak politically motivated opinions. But entirely rejecting a…
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Police Reform as System Justification
System Justification Theory (SJT) provides a useful lens through which to critique recent police reform efforts. SJT posits that members of society tend to justify and maintain existing social and political systems even when those systems disadvantage them, because the predictability of the status…
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Revisiting Robinson: How Courts Can Preserve the Status Crimes Doctrine After Grants Pass
Prior to the Supreme Court’s 2024 decision in City of Grants Pass v. Johnson, legal advocates for the homeless used the status crimes doctrine to successfully argue in multiple cases that anti-homeless laws, which punish life-sustaining acts such as sleeping, camping, or eating in public, are…
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Rebutting the Presumption: A Constitutional Theory of Pre-Trial Asset Seizures and Procedural Due Process
In this Comment, I trace the origins and examine the current state of the doctrine on pre-trial asset seizures, then argue for a new approach grounded in procedural due process and constitutional theory. The existing frameworks for assessing due process in these cases fall into three categories…
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Guns, Guardians, & Guilt: Analyzing Family Liability in Mass Shooting Cases
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Rebalancing the Milk Market: A Shared-Burden Framework for Dairy and Plant-Based Producers
This Note examines the structural and regulatory differences between traditional dairy products and the rapidly expanding plant-based milk products in the United States. Through analysis of historical Federal Milk Marketing Order policies, mandatory checkoff programs, and contrasting labeling…
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Originalism's Unbalanced Ledger
This Essay examines the fundamental tension between originalism and cost-benefit analysis—the two dominant methodologies shaping modern, public law decision-making. Originalism, currently triumphant, prioritizes historical meaning and textual fidelity. It operates in stark contrast to cost-benefit…
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Restoring Chevron Deference by Statute
This Essay details a solution for legislatively restoring Chevron deference: amend the APA to direct lower federal courts to give deference to reasonable agency decisions but retain nondeferential judicial review by the U.S. Supreme Court. This solution restores most of the practical benefits of…
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How to Evaluate Non-Majority Control: What History and Statutes Tell Us—Part II: The Definitional Consensus
This Article and a companion piece explore the claim that the functional school was novel and anomalous. The companion article examines the approaches that courts have historically taken when evaluating non-majority control (the “Historical Article”). The Historical Article demonstrates that…
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Texas’s Attempt to Compete with Delaware
Delaware derives substantial economic benefits from attracting incorporation business. Other states have sought to receive a share of these economic benefits. Texas is among them. Part I of this article will consider Texas’s attempt to copy Delaware’s enabling philosophy. It will conclude that…
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