Safety as Privacy

New technologies, such as internet-connected home devices we have come to call the Internet of Things (IoT), connected cars, sensors, drones, internet-connected medical devices, and workplace monitoring of every sort, create privacy gaps that can cause danger to people. In prior work,1 two of us sought to emphasize the deep connection between privacy and safety to lay a foundation for arguing that U.S. administrative agencies with a safety mission can and should make privacy protection one of t…

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Approaching Equilibrium in Free Exercise of Religion Cases? Empirical Evidence From the Federal Courts

Drawing on our continuing empirical study of decisions on the free exercise of religion, we suggest that the federal courts were approaching equilibrium in outcomes from 2006 to 2015. In a departure from our prior studies examining the preceding twenty years, we now observe that claimants from the majority of religions did not experience either success or failure at significantly different rates.

The principle of expansive and inclusive religious freedom in the United States has been blemish…

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Equitable, Sustainable, and Just: A Transition Framework

As climate change accelerates, so do demands for a transition away from an extractive fossil fuel economy toward one that is ecologically sustainable. Yet efforts to advance that transition may exacerbate inequitable distributions of climate hazards and economic opportunities. Just Transition is a theory of change that recognizes that those least culpable for the climate crisis are most burdened by its effects. While Just Transition is gaining a foothold in climate policy and academic circles, …

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Hyper-Presidential Administration: Executive Policymaking in Latin America

Latin American presidents frequently exercise policymaking authority that would be the envy of U.S. presidents frustrated by a fractious Congress and hobbled by the lengthy rulemaking procedures of the Administrative Procedure Act (“APA”). This Article critiques the hyper-presidential administration of those Latin American democracies characterized by broad executive policymaking powers and limited procedural safeguards.

In the United States, although some celebrate presidential dominance as…

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A Case for Community-Based Alternatives to Immigration Detention

The COVID-19 pandemic has exacerbated many of the existing problems with the immigration detention system in the United States. In response, the U.S. government should take the opportunity to invest in the development of a holistic, community-based alternative to detention program like those that are already at work in some communities in the United States and worldwide. Part I of this Note explores some of the constitutional, humanitarian, and health concerns with immigration detention in the …

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What’s in a Voice? The Legal Implications of Voice Cloning

This Note focuses on the legal implications of artificial intelligence voice cloning, where algorithms are utilized to create convincing copies of voices. Such clones are easily manipulated and are often used to spread misinformation online. The number of video or audio clips posted online containing voice clones has increased drastically over the past five years, and this trend will likely continue. As more individuals—mainly celebrities—fall victim to voice-cloning attacks, legal avenues for …

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Race to Property: Racial Distortions of Property Law, 1634 to Today

Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same processes elevated nationalized property transactions over other rights; and gained new tactics after the end of slavery through the early twentieth c…

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Current Issue

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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The (Potential) Legal History of Indian Gaming

Indian gaming—casinos owned, operated, and regulated by Indian tribes—has been a transformative force for many Indigenous nations over the past few decades. The conventional narrative is that Indian gaming began…
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