Current Issue
Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery…
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Of Crosses and Confederate Monuments: A Theory of Unconstitutional Government Speech
This Article uses controversies over government-sponsored religious symbols and Confederate monuments to consider the appropriate constitutional limits on the government’s symbolic expression. It contrasts two types of constitutional harm that can arise…
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Choice Building
Default rules, which apply only if parties opt not to bypass them, are a common and consequential phenomenon in law. These rules fill gaps, serve as the backdrop against which…
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Equality of Autonomy? Physician Aid in Dying and Supported Decision-Making
The legalization of physician aid in dying (“PAID”) has been spreading across the United States and is currently legal in ten jurisdictions. Meant to respect autonomy at the end of…
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Reconceptualizing Revenge Porn
Revenge porn has become an epidemic in the United States in recent years. A debate among legislators has emerged, focused primarily on the question of whether to criminalize the phenomenon,…
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Property Rights in a Vacuum: A Moon Anarchist’s Guide to Prospecting
Soon there will be private industry on the moon, but the question of how property rights will be apportioned, transferred, and adjudicated is still unanswered. Further complicating the matter is…
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“Forever Chemicals” Are in Our Bodies, Drinking Water, and the Environment: Now is the Time To Hold Polluters Accountable and Ramp Up Regulation in the United States
Since per- and polyfluoroalkyl substances (“PFAS”) were created in the mid- twentieth century, they have made their way into all aspects of the environment, including drinking water sources. Humans, and all living…
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