Print Issue Volume 96 - No. 2

Successor Liability

The phrase mergers and acquisitions, or M&A for short, signifies both the business activity of growing (or divesting) corporate operations and the legal rules surrounding that activity. One typical acquisition technique is the purchase of business assets by one company from another. Asset sales transactions have various benefits, one of which is that the purchaser […]

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Regulating Reproduction: The Problem with Best Interests

Should the State permit anonymous sperm donation? Should brother-sister incest between adults be made criminal? Should individuals over the age of fifty be allowed access to reproductive technologies? Should the State fund abstinence education? One common form of justification that is offered to answer these and a myriad of other reproductive policy questions is concern […]

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Judicial Review of Judicial Lawmaking

“It would be absurd to allow a State to do by judicial decree what the Takings Clause forbids it to do by legislative fiat . . . . [T]he particular state actor is irrelevant.” – Stop the Beach Renourishment, Inc. v. Fla. Dep’t of Envtl. Prot., 130 S. Ct. 2592, 2601–02 (2010). Justice Scalia’s statement in the Stop the […]

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Conundrum

Cybersecurity is a conundrum. Despite a decade of sustained attention from scholars, legislators, military officials, popular media, and successive presidential administrations, little, if any, progress has been made in augmenting Internet security. Current scholarship on cybersecurity is bound to ill-fitting doctrinal models; it addresses cybersecurity based upon identification of actors and intent, arguing that inherent […]

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Note, Tortured Language: “Individuals,” Corporate Liability, and the Torture Victim Protection Act

The Torture Victim Protection Act (TVPA) allows persons who have been subjected to torture or extrajudicial killing to pursue a tort action against “individual[s]” who have committed such actions “under actual or apparent authority, or color of law, of any foreign nation.” In the past decade, activists and human rights organizations have lodged dozens of […]

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Note, Federalism in Bankruptcy: Relocating the Doctrine of Substantive Consolidation

Substantive consolidation is a process in corporate bankruptcy in which the assets of related debtor entities are placed into a single vehicle subject to the undifferentiated claims of all the creditors. Doing so resolves inter-debtor claims and vindicates the interests of creditors who thought they were transacting with a unitary debtor, albeit at the expense […]

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Note, In Deep Water: A Common Law Solution to the Bulk Water Export Problem

An American company recently entered into a contract with the town of Sitka, Alaska to export 2.9 billion gallons of freshwater per year from the Blue Lake Reservoir to an unannounced water hub on the west coast of India. If the venture is successful, the company will become the first in the world to ship […]

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De Novo

  • The Algorithm Made Me Do It and Other Bad Excuses

    THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also […]

  • All (Privacy) Is Not Lost

    ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and […]

  • Pot, Printz, and Preemption

    POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama […]


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