RECENT HEADNOTES ARTICLES

A Place of Their Own: Crowds in the New Market for Equity Crowdfunding

Crowdfunding was designed as an alternative regime to traditional securities regulation to help small businesses access capital. One problem with this new regime is that crowdfunding rules ignore the special characteristics of crowds. Crowds rely on group heuristics like the “wisdom of the crowd” and are subject to group inefficiencies like information cascades. Treating crowdfunding like traditional fundraising ignores how crowds behave […]

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Improving Technology Neutrality Through Compulsory Licensing

Brad Greenberg’s article, Rethinking Technology Neutrality, challenges a fundamental premise of the current Copyright Act. The Act takes a technology neutral approach to defining the scope of copyright protection. Under the Act, old and new technologies should receive equal treatment with regard to copyright liability as a way to future-proof copyright law and prevent too-frequent […]

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Tie Votes and the 2016 Supreme Court Vacancy

Professor Justin R. Pidot previews his forthcoming piece in Minnesota Law Review, “Tie Votes in the Supreme Court” by summarizing his findings and commenting on how the Justices may approach potential tie votes in Justice Scalia’s absence.

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Justice Scalia’s Innocence Tetralogy

Justice Scalia’s record as it relates to the rights of criminal defendants is as varied as it is wide-ranging. Professor Lee Kovarsky examines the Justice Scalia’s impact on one of those doctrines: “actual innocence.”

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Justice Scalia’s Jiggery-Pokery in Federal Arbitration Law

In authoring three decisions on the Federal Arbitration Act in his final years on the Court, Justice Scalia played a crucial role in shaping this area of the law. Although Justice Scalia’s interest in the field may have only developed late in his career, Professor David S. Schwartz notes that it will not soon be […]

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Justice Scalia’s Unparalleled Contributions to Administrative Law

Throughout his legal career, Justice Scalia displayed a great interest in and exercised great influence over the development of administrative law. Professor Richard J. Pierce, Jr. discusses the changes Justice Scalia helped to impart on the field during his decades on the Bench.

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Justice Scalia: Affirmative or Negative?

Justice Scalia’s experiences played a crucial role in shaping how Justice Scalia framed his arguments. Professor Stephen M. Griffin comments on the ways in which the Justice’s background may have influenced his constitutional theory and his writing style.

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