The importance of international law has grown in an increasingly global world. States and their citizens are interconnected and depend on each other to enforce and comply with international law to meet common goals. Despite the expanding presence of international law, the question that remains is whether international law matters. Do individuals comply with international [...]

The conventional wisdom tends to treat constitutional arrangements, such as the allocation of foreign affairs powers, as efficiency enhancing constraints that yield benefits for all societal actors. This Article argues, on the contrary, that partisan actors can often manipulate the scope of the foreign affairs powers to achieve narrow ideological or electoral objectives, often at [...]

This Article focuses on the problem of the privacy lurch, defined as an abrupt change made to the way a company handles data about individuals. Two prominent examples include Google’s decision in early 2012 to tear down the walls that once separated data collected from its different services and Facebook’s decisions in 2009 and 2010 [...]

When the Framers of the United States Constitution granted Congress the authority to create a patent system, they certainty did not envision a patent as an a priori entitlement. As it stands now, anyone who files a patent application on anything is entitled to a presumption of patentability. A patent examiner who seeks to challenge [...]

With the people relying more and more on political advertising to inform them about candidates and elections, it is imperative to try to stop or limit false speech about candidates and the election procedures. False speech undermines the integrity of elections. This has led some states to enact laws banning false campaign materials. The problem [...]

Sentencing judges and parole release authorities are increasingly using statistical risk assessments to guide their decision-making. Risk assessment instruments rely on statistical research and modeling to predict an individual’s chance of recidivating based on information about the individual like age and number of prior arrests. These instruments are subject to serious statistical and legal limitations [...]

Congress regularly enacts complex laws that require administrative agencies to promulgate rules by specific deadlines. Yet, as agencies do the work of creating rules and, from time to time, miss statutory deadlines, a question remains as to whether an agency can promulgate a rule that is retroactive to the statutory deadline. This seemingly esoteric issue, [...]