Print Issue Volume 100 - Issue 4

Antitrust and the Robo-Seller: Competition in the Time of Algorithms

Increasingly firms are knitting together newly available mass-data collection, Internet-driven interconnective power, and automated algorithmic selling with their traditional supply chain and sales functions. Traditional sales functions such as competitive intelligence gathering and pricing are being delegated to software “robo-sellers.” This Article offers the first descriptive and normative study of the implications of this shift away […]

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Financial Weapons of War

A new type of warfare is upon us. In this new mode of war, finance is the most powerful weapon, bullets dare not fire, financial institutions are the targets, and almost everyone is at risk. Instead of smart bombs, improvised explosives, and unmanned drones––economic sanctions, financial restrictions, and cyber programs are the weapons of choice. […]

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Regulating Financial Change: A Functional Approach

How should we think about regulating our dynamically changing financial system? Existing regulatory approaches have two temporal flaws. The obvious flaw, driven by politics and human nature (and addressed in other writings), is that financial regulation is overly reactive to past crises. This article addresses a less obvious but arguably more fundamental flaw: that financial […]

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Rethinking Technology Neutrality

Technology progresses at an increasingly rapid rate; Congressional action does not. How then should laws be drafted to keep pace with changes to the world they regulate? Scholars and legislators have overwhelmingly answered that laws should anticipate unexpected technologies through ex ante statutory inclusion. “Technology neutrality,” as this principle is known, assumes that drafting a […]

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The Secret History of the Bluebook

The Bluebook, or A Uniform System of Citation as it was formerly titled, has long been a significant component of American legal culture. The standard account of the origins of the Bluebook, deriving directly from statements made by longtime Harvard Law School Dean and later Solicitor General of the United States Erwin N. Griswold, maintains […]

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Note: The Shoe Doesn’t Fit: General Jurisdiction Should Follow Corporate Structure

Increasingly, corporations are moving away from a centralized corporate structure toward decentralization and fragmentation of corporate functions. At the same time, the corporate general jurisdiction doctrine functions anachronistically—assuming that corporations exist solely as centralized structures. The Supreme Court’s recent decision in Daimler AG v. Bauman reflects this assumption. By drawing upon the principal place of […]

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Note: Live Long and Prosper: How the Persistent and Increasing Popularity of Fan Fiction Requires a New Solution in Copyright Law

For decades, fans have written stories that extend the plotlines of popular films, novels, and television shows in a practice known as fan fiction. But with the advent of the Internet, the popularity of this practice has grown exponentially as these stories are easily posted online and accessible for free. But while fan fiction has […]

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Note: You Should Be Free To Talk the Talk and Walk the Walk: Applying Riley v. California to Smart Activity Trackers

In 2014, the Supreme Court held in Riley v. California that law enforcement officers must obtain a warrant before searching a cell phone. Though the Court intended that this holding would provide clear guidance to law enforcement officers, it may ultimately provide even more confusion. Riley distinguishes an arrestee’s cell phone from other items found […]

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Regulating Employment-Based Anything

Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. The reality is less complicated than advertised. Governments often consider intervention if markets fail to make some socially desirable Good X—such as education, health care, […]

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De Novo

  • Prison for the Innocent

    PRISON FOR THE INNOCENT: THE ‘NEWLY DISCOVERED EVIDENCE’ STANDARD THROUGH THE LENS OF NASH V. RUSSELL By: Alexa Ely, Volume 102 Staff Member Since 1989, there have been over 2,120 exonerations with nearly 18,450 years lost in prison by innocent men and women in the United States criminal justice system.[1] […]

  • “Transgender Need Not Apply”

    ‘TRANSGENDER NEED NOT APPLY’[1]: HOW THE SESSIONS MEMO THREATENS ESSENTIAL WORKPLACE PROTECTIONS FOR TRANSGENDER INDIVIDUALS By: Libby Bulinski, Volume 102 Staff Member On October 4th, 2017, U.S. Attorney General Jeff Sessions issued a memorandum stating that Title VII of the 1964 Civil Rights Act does not prohibit discrimination based on […]

  • Scandal in the NCAA

    SCANDAL IN THE NCAA: A FIDUCIARY TALE By: Andrew Escher, Volume 102 Staff Member Common wisdom holds that sports bring people together. In circumstances as varied as a Texas high school at a Friday night football game or an entire country during the Olympics, athletics gives disparate groups of people […]

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