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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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The Sub Rosa Rules of Copyright Fair Use

Codified in 17 U.S.C. § 107, copyright’s “fair use” is one of the best-known and most widely discussed doctrines in intellectual property. Commentators have noted that the § 107 balancing…
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Rewiring Corporate Law for an Interconnected World

The traditional focus of corporate law is on aligning managers’ preferences with the interests of shareholders. We show that this view is premised on two assumptions that are no longer…
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Recusal in Administrative Adjudication

The challenges facing agency adjudication are a microcosm of those facing modern American government. Limited resources, shifting priorities, and overt politicization all contribute to perhaps the gravest threat to the…
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