Current Issue
A robust, principled application of the First Amendment produces contradictions that undermine the very justifications for free speech protections. Strong free speech protections are justified by the idea that rational,…
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Trademark Law and Consumer Constraints
Trademark law’s focus is on the consumer. Both the trademark literature and the marketing literature, however, tend to assume a consumer with few constraints on economic or cognitive processing resources.…
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President Biden’s Executive Order on Competition: An Antitrust Analysis
In July 2021, President Biden signed a far-ranging Executive Order directed to promoting competition in the American economy. The Order is not limited to antitrust enforcement but extends over a…
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Don’t forget the “G” in ESG: The SEC and Corporate Governance Disclosure
For years, many shareholders—both institutional and individual investors—have pressured the Securities and Exchange Commission (“SEC”) to require public companies to disclose more information about the environmental, social, and governance (“ESG”)…
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Sheriffs, State Troopers, and the Spillover Effects of Immigration Policing
As the Biden Administration decides whether to continue the 287(g) program (the controversial program deputizing local law enforcement officers to enforce federal immigration laws), our research shows that the program…
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Habeas, History, and Hermeneutics
Supreme Court Justices Clarence Thomas and Neil Gorsuch recently proposed a radical shrinking of federal habeas corpus relief for state prisoners who are in custody pursuant to a final judgment…
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In a Class of Its Own: A Statutory Solution for the Gendered Sentencing Disparity in Teacher-Student Sexual Assault
In recent years, the #MeToo movement has started a powerful cultural dialogue about the pervasiveness and severity of sexual assault in our society. Despite those inroads, certain victims remain invisible.…
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How Far We Have Not Come: An Empirical Comparison of Federal and State Mental Health Legislation
This Note provides an overview of significant changes in mental health law from the nineteenth century onward and analyzes whether federal or state legal interventions create any discernible change in…
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