Volume 64, Issue 2

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,…

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.…

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…

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”)…

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…

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…

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.…

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…