Content Posted in 2025
2020 International Trade Decisions of the Federal Circuit, Kevin J. Fandl
Abolishing Police Consent Searches Through Legislation: Lessons From Scotland, Josephine Ross
Abortion Access in a Post-COVID and Post-Roe World, Maya Manian
Accommodation Discrimination, Katherine Macfarlane
A Critical Race Theory Approach to Children's Rights, Jessica Dixon Weaver
Addressing Base Erosion: Impact of the No Tax Breaks for Outsourcing Act on Tax Inversions and Profit Shifting, T. Scott Shogren
A Health Justice Response to School Discipline and Policy, Thalia Gonzalez, Alexis Etow, and Cesar De La Vega
Algorithmic Financial Regulation: Limits of Computing Complex Adaptive Systems, Shuping Li
American University Law Review Keynote Address, Erwin Chemerinsky
America's Amoral Constitution, Richard Albert
An Apple a Day Keeps Educational Malpractice Lawsuits at Bay: Applying Principles of Medical Malpractice's "Locality Rule" to Deconstruct the Academic Abstention Doctrine, Madeline Bergstrom
A New "Administrative Law Approach" to Social Rights? Learnings from Environmental Litigation in Colombia, Maria Emilia Mamberti
A New Chapter in Veterans Law, The Honorable Margaret Bartley
Antitrust Regulation and the Federal-State Balance: Restoring the Original Design, Alan J. Meese
A Proposal for One “Super” Independent Accountability Mechanism, Daniel D. Bradlow
Are Children's Rights Enough?, Clare Ryan
Are the Federal Rules of Evidence Unconstitutional?, Ethan J. Leib
A Right for Retirement Unconscionable Contracts, the Right (Not) to Associate, and Citizens United, Paul S. Miller
A Roadmap to NIL and Taxation, Doron Narotzki and Yariv Brauner
A Stepwise Approach to Copyright and Generative Artificial Intelligence, Michael W. Carroll
Brief of Amici Curiae Professors William Araiza, Jeffrey Lubbers, and Peter M. Shane in Support of Defendants' Opposition to Plaintiff's Motion to Stay Effective Date and for Preliminary Injunction, Jeffrey Lubbers, William Araiza, and Peter M. Shane
Building a Better Future in International Development: Why the DFC Should be Considered an Agency to Comply with Development Finance Standards and Maintain Influence Abroad, Rebecca M. Dresner
Buried Treasure: Geographical Indications in the Arabian Gulf Region, Alhanoof AlDebasi
Caremark's Butterfly Effect, Angela N. Aneiros and Karen E. Woody
Character Copyrightability in Chaos: How Unclear Character Copyrightability Tests Lead to Improper Result, Kathleen Hanley
Charter Schools and Emos: Who's In Charge, Brendan Glynn
Clinics, the Cloud, and Protecting Client Data in the Age of Remote Lawyering, Andrew C. Budzinski
Collaborative Dispute Resolution: Five Essential Questions, Scott Adams and Aparna Mukerjee
Communication Decency Act and the Intellectual Property Exception, Casey Windsor
Congressional Surveillance, Aaron R. Copper
Criminalization of Femicide in Mexico and Colombia: A Comparative Analysis of Legislative and Symbolic Approaches, Lucas Martinez-Vilalba
Cultural Conquest: Russia's Strategic Assault on Ukrainian Heritage as Both a Catalyst for and a Casualty of Conflict, Brittan Harrell
Data Privacy, Human Rights, and Algorithmic Opacity, Sylvia Lu
Data Property, James Grimmelmann and Christina Mulligan
Deathly Delegation: Analyzing Mississippi's Execution Statute Under the Nondelegation Doctrine, Megan Meissner
Defining "Use in Commerce": The Supreme Court's Evolving Extraterritorial Application of the Lanham Act, Hannah Lief
Destabilizing Property, Ezra Rosser
Development Disasters: Accountability and Remedy in International Development Projects, Kate E. Morrow
Difficulty of Care: Aligning Tax and Health Care Policy for Family Caregiving, Christine Speidel
Digital Disease Surveillance, Alan Z. Rozenshtein
Diplomatic Practices: Activating the Crime of Aggression, Noah Weisbord
Disability Misappropriation, Ruth Colker
Disability Reproductive Justice During COVID-19 and Beyond, Robyn M. Powell
Disease and Data in Society: How the Pandemic Expanded Data Collection and Surveillance Systems, Alan Butler and Enid Zhou
Dobbs, Right-wing Revisionism, and Public Outrage: Rodrigo's Late-Night Chronicle, Richard Delgado and Jean Stefancic
Documentary History of the Broadcast Treaty in the SCCR (Global Version), Luca Schirru, Lokesh Vyas, Haddija Jawara, Lukas Ruthes Gonçalves, Katie McGee, Yara Misto, and Sean Michael Fiil Flynn
Domestic Mandatory Human Rights Due Diligence Laws as Global Business and Human Rights Regulation, Zhuolun Li and Yu Xiang
Educating the Public: A Qualitative Study of YouTube Refugee Law Videos, Christina S. Kaufmann
Employing Smith to Prevent a Constitutional Right to Discriminate Based on Faith: Why the Supreme Court Should Affirm the Third Circuit in Fulton v. City of Philadelphia, Margaret Smiley Chavez
Examining Patent Eligibility, Charles Duan
Existential Threats and Deterrence: Japan's Legal Pathway to Enhanced Collective Security in Asia, Nobuhisa Ishizuka
Expert Opinions, V. Gerard Comizio
FERC's Tether Tantrum: Why Suppressing State Support for Renewable Energy Violates the Federal Power Act and Threatens U.S. Climate Leadership, Philip N. Killeen
FIFA's One Association - One Vote Rule: Does Democratic Governance Ensure Its "Corporate" Integrity?, ILIAS BANTEKAS
Finding Rights in the Fine Print: How Terms of Services Agreements can Turn Consumer Search History into Digital Property, Dalia Wrocherinsky
First Do Not Harm: Revisiting Meriwether v. Hartop and Academic Freedom in Higher Education, Inara Scott, Elizabeth Brown, and Eric Yordy
Fiscal Equity: The Non-Profit Model of Corporate Ownership, Eric A. San Juan
Foreign Policy Implications for China’s “Foreign-Related ‘Rule of Law’”, Matthew S. Erie
Ganging Up On Terrorism: Transnational Gangs and Tier III Terrorist Organizations, Adam S. Domitz
Grasping the Third Rail: Restorative Justice and Violent Crime, Olwyn Conway
Guarantees of Non-repetition in Transitional Justice Processes, Towards an International Investigative Unit of Crimes Committed during Conflict, Juan Fernando Franco
Harassment, Workplace Culture, and the Power and Limits of Law, Suzanne B. Goldberg
Health Information Beyond Pandemic Emergencies: Privacy for Social Justice, Leslie Francis
Hollywood's Triple Threat: Writers, Actors, and Antitrust Regulators Take on the Streaming Giants, Remy S. Farkas
How to Survive the Culture Wars: Conflict of Laws Post-Dobbs, Roger Michalski
Illiberalism and Authoritarianism in the American States, James A. Gardner
Impacts of Community Science to Environmental Monitoring and Enforcement: Case Studies of Mining Pollution in Thailand, Ashijya Otwong
Improving Health Services for Tribal Communities, Ezra Rosser
In Memoriam Professor Emeritus Egon Guttman, Claudio Grossman, Walter A. Effross, and David V. Snyder
Institutional Investors as Climate Activists: Curb Your Enthusiasm, Markus Lieberknecht
Institution Denied: The Evolution of Discretionary Denials of Inter Partes Review Under 35 U.S.C. § 314(A) Since Apple Inc. v. Fintiv, Inc., Kelly A. Welsh
Insurance Theory and Judicial Independence in Non-Democratic Polities: A Comparative Assessment of Their Preeminence in Medieval Islamic Polities and Decline in Contemporary Saudi Arabia, Mohammad A. Alfohid
Into the Void: The GAO's Role in the Regulartory State, Bridget C.E. Dooling
In Violation of Diplomatic Treaties: A Look Into Ecuador's Forced Extraction, Josie C. Tarin
It Takes Two to Incorporate: The Role of Patent Co-Ownership in Inventor Choice of Business Form, Shawn P. Miller
Judicial Activism and the Future of the World Trade Organization's Appellate Body, Katayoon Beshkardana
Judicial Review of Emergency Administration, Desiree LeClercq
Lawmaking without Law: How Over Reliance on Economics Fails Financial Regulation (And What to do About It), Steven L. Schwarcz and Theodore L. Leonhardt
Lifesaving Discrimination, Dallan F. Flake
Mandatory Infringement, Charles Duan
Misinformation about Marijuana: Commercialization, Consolidation, and the New First Amendment, David Angelatos
Modelling Pretrial Detention, Melissa Hamilton
Moderating Content Moderation: A Framework for Nonpartisanship in Online Governance, Edward Lee
National Legal Paradigms for Public Health Emergency Responses, James G. Hodge Jr.
Off the Record: Preserving Statistical Information After Juvenile Expungement, Eve Rips
On the Appeal of Drug Patent Challenges, Charles Duan
Ordinary Clients, Overreaching Lawyers, and the Failure to Implement Adequate Client Protection Measures, Leslie C. Levin
Paper Courts and Parental Rights: Balancing Access, Agency, and Due Process, Tianna N. Gibbs
Passports of Privilege, Seema Mohapatra
Patent-Infringement Suits and the Right to a Jury Trial, H. Tomas Gomez-Arostegui and Sean Bottomley
Patent Title Insurance, Charles Duan
Patient Access to At-Home Health Care Device Data Toward a Legal Framework, Charles Duan and Christopher J. Morten
Piercing the Veil: Reconciling FISA and the State Secrets Privilege in the Schrems II Era, Chris Baumohl
PISC in the Wind? Holding Healthcare Organizations Liable for Publicly Issued Statements of Conduct, Joshua E. Perry and Timothy L. Fort
Poaching, Charles A. Sullivan
POISON! An Africana Legal Studies Investigation into Enslaved Africans and Their Deadly Roots, Angi Porter
Polluters Paradise: The Dark Canon of the United States Supreme Court in Pollution Control Law, Oliver A. Houck
Post-Pandemic Privacy Law, Tiffany C. Li
Presumed Unfit: The Dual Bind Faced by Pregnant and Parenting Youth in Foster Care, Kara R. Finck
Preventing Wind Waste, K.K. DuVivier
[Proposed] Brief of Amici Curiae Professors William Araiza, Jeffrey Lubbers, and Peter M. Shane in Support of Defendant's Opposition to Plaintiff's Motion for Stay of Effective Date and for Preliminary Injunction, Jeffrey Lubbers, William Araiza, and Peter M. Shane
Protecting Genetic Identity with the Right of Publicity: Applying California's Common Law Right of Publicity to Direct-to-Consumer Genetic Testing, Steven A. Fisher
Public Participation in Spatial Planning in Mexico: A Comparative Case Review of Success Stories and Failures, Samantha Namnum Garcia
Pumpable Hours: Legal Protections for Lactating Individuals Through the Lens of the Legal Profession, Elise Gonzalez
Raising the Threshold for Trademark Infringement to Protect Free Expression, Christine Haight Farley and Lisa P. Ramsey
Recent Administrative Law Developments: SEC v. Jarkesy, Jeffrey Lubbers
Reclaiming Establishment: Identity and the 'Religious Equality Problem', Faraz Sanei
Reconstructing Patent Eligibility, Talha Syed
Rediscovering Adam Smith: An Inquiry in the Rule of Law, Competition, and the Future of the Federal Trade Comission, Melissa Holyoak and Christopher G. Mufarrige
Re-Envisioning the International Criminal Court: Does it Matter if the United States Continues to Remain at the Margins?, Iseghohime Daniel Ehighalua
Reflections on the Launch of the Inspection Panel and People-Centered Accountability, David Hunter
Restructuring Undefined Assets: Valuation of Stablecoins and Their Impact on the Bankruptcy Process, Olivia Woodmansee
Review of Veterans Law Decisions of the Federal Circuit, 2020 Edition, Angela K. Drake, Yelena Duterte, and Stacey-Rae Simcox
Review of Veterans Law Decisions of the Federal Circuit, 2021 Edition, Angela Drake, Yelena Duterte, and Stacey-Rae Simcox
Rewarding Bad Behavior in Initial-Review Collateral Proceedings: Teague Says Yes, Due Process Says No, Bethany Callahan
Should Decisions of Independent Accountability Mechanisms be Binding?, Lalanath de Silva and Giada Giacomini
Social Justice As Desistance: Rethinking Approaches to Gender Violence, Deborah M. Weissman
Solving the Procedural Puzzles of the Texas Heartbeat Act and Its Imitators: The Limits and Opportunities of Offensive Litigation, Howard M. Wasserman and Charles W. Rhodes
Speaking Femicide, Caroline Davidson
Spider-Man: Work from Home and Retain No Copyright Under the Instance and Expense Test, Shahnoor Kamal Khan
State Taxing Power over Tribal Leasing Activity: Balancing Bracker with the Call to Modernize, Caitlyn Lindstrom
Strengthening American War Crimes Accountability, Geoffrey S. Corn and Rachel E. Vanlandingham
Survival Voting and Minority Political Rights, Douglas M. Spencer, Lisa Grow Sun, Brigham Daniels, Chantel Sloan, and Natalie Blades
Sustainability Verification, Paul Rose
Taxing Sports, John T. Holden and Kathryn Kisska-Schulze
That's not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees, Ryan Kaiser
The 2022 U.S. Steel/Aluminum Tariff Ruling: A Legal Reckoning for the United States and the WTO over the National Security Exception in International Law, Klint W. Alexander
The Absurd Reach of a "Colorblind" Constitution, David Hinojosa and Genevieve Bonadies Torres
The Aftermath of Takings, Shelley Ross Saxer
The Constitutional Costs of School Policing, Maryam Ahranjani and Natalie Saing
The Corporate Contract and the Internal Affairs Doctrine, Mohsen Manesh
The Crossroads of Globalization, Human Rights, and Rule of Law: Creating a Legal Culture of Human Rights Designing a GeoNOMOS Model for the State, Karen A. Cecilia O'Rourke
The Danger in Designations: U.S. Terrorism Designation Lists in Gaza and Beyond, Elizabeth Beavers
The Dichotomy Between Overcriminalization and Underregulation, Ellen S. Podgor
The Disability Docket, Jasmine E. Harris, Karen M. Tani, and Shira Wakschlag
The Enforcement of International Arbitral Awards in the Kingdom of Saudi Arabia: Concepts and Practices, Abdulaziz A. Alrashid
The EU-China CAI and the Uyghur Challenge in the Context of China's Domestic Law Barriers to International Labor and Human Rights Standards, Ronald C. Brown
The Failure of "Quick Look" Analyses of Antitrust Claims, Jonathan Berman
The Federal Circuit: A Microcosm of Changes in the Legal Landscape, Jimmie V. Reyna
The Ghost in the Medicine: The Threat Screening Center and the Mootness Tool, Jeffrey Kahn
The Good, The Bad, and The Ugly: Black Lives Matter Protests, the January 6th Insurrection, and Facial Recognition Technology as Admissible Evidence, Laura C. Powell
The Insidious Effect of Soundbites: Why Fences Aren't Punishment, Theresa Gabaldon
The Invisible Ban: Negligent Disparate Impact, Kenneth R. Davis
The Invisible Workforce: Domestic Workers and Labor Rights in Brazil, Rafaela Araujo Rodrigues
The Judicial Activism of Justice Anthony Kennedy, Carlos A. Ball
The Land of Opportunity Zones: Where Opportunity Goes to Die, Hilana Said
The LGBTQ Equality Gap and Federalism, Nancy J. Knauer
The Mental Health Crisis on Campus: Liability Implications of Using Emerging Technology, Betsy J. Grey
The New Governance of Climate Change: Reconceptualizing Common Concern to Embrace Non-State Actors, Yeeun Uhm
The Original Instagram: Whose Property Is It?, Sue M. Altmeyer
The Pocketbook Next Time: From Civil Rights to Market Power in the Latinx Community, Rachel F. Moran
The Purcell Principle and the Antiblackness of Constitutional Fundamentalism, Brittany Carter
The Racial Justice Imperative to Reimagine Immigrant Children's Rights: Special Immigrant Juveniles as A Case Study, Dalia Castillo-Granados, Rachel Leya Davidson, Laila L. Hlass, and Rebecca Scholtz
The Rise of the 'Immigrant-As-Injury' Theory of State Standing, Jennifer Lee Koh
The Road to Brackeen: Defending ICWA 2013-2023, Kathryn Fort
The Secret's Out: The Role of Restrictive Covenants in Trade Secret Law, Magdalene Eallonardo
The Sherman Act is a No-Fault Monopolization Statute: A Textualist Demonstration, Robert H. Lande and Richard O. Zerbe
The Subject Strikes Back: Intellectual Property Law, Visual Pleasure, and Resistance in the Arts, John Tehranian
The Trade Secrecy Standard for Patent Prior Art, Camilla A. Hrdy and Sharon K. Sandeen
The Truth About Design Patents, Sarah Burstein and Saurabh Vishnubhakat
The War in Ukraine and the Legitimacy of The International Criminal Court, Yvonne Dutton and Milena Sterio
Tracing the Invisible: Information Fiduciaries and the Pandemic, Anne L. Washington and Lauren Rhue
Trademark Confusion Revealed: An Empirical Analysis, Daryl Lim
Trademark Fair Use is No Joke, Christine Farley
Transplanting Anti-Suit Injunctions, Peter K. Yu, Jorge L. Contreras, and Yu Yang
Trump Should Pass On Project 2025's Disparate Impact Plan, Susan D. Carle
Turning Public into Private Participation in GCC States' Infrastructure: Sustainable Institutions in a World of International Investment Standards, Nasser Alreshaid
Unearthing Banality in Remote Warfare, Unsettling the Law of Armed Conflict and Unmooring from Colonial Humanity, Dinesh Napal
Unjustly Vilified Trips-Plus:? Intellectual Property Law in Free Trade Agreements, Marketa Trimble
Using Experiential Learning to Create an Inclusive Classroom, Promote Equity, and Develop Professional Identity, Tianna N. Gibbs
U.S. Securities and Exchange Commission and the "Deep Administrative State": A Case Study of Its ESG Rules, Jerry W. Markham
Victims of Coercive Plea Bargaining: Defendants Who Give False Testimony for False Pleas, Lucian E. Dervan, Vanessa A. Edkins, and Thea Johnson
Violence against Women in the Name of Honor: The Case of Jordan, Ghufran Alqahtani
We Can't Apply from the Grave: Why the Asylum Standard of Proof Fails Those Who Need It Most, Hilana Said
What is "Likely to be Confusing": About Trademark Law: Reconsidering the Disparity Between Registration and Use, Lorelei D. Ritchie
When Amicus Curiae Briefs are Inimicus Curiae Briefs: Amicus Curiae Briefs and the Bypassing of Admissibility Standards, David DeMatteo and Kellie Wiltsie
When a Second Change Gets a Second Chance: Reasonableness Review Reigns for Motions Under Section 404 (B) of the First Step Act on Appeal, Patrick W. Riley
When Thoughts and Prayers are Not Enough: Why Age-Based Restrictions on Purchasing Firearms Pass Constitutional Muster, Madeline P. Fuller
Where Conservatives Go Wrong with ESG, David Snyder
Who Killed the Radio Star? How Music Blanket Licensing Distorts the Production of Creative Content in Radio, Ariel Katz and Eden Sarid
Why does the Federal Government Get a Pass? Applying Best Practices in Child Protection to the Circumstances of Migrant Children and Families, Randi Mandelbaum
Year in Review: The Federal Circuit's 2020 Government Contract Law Decisions, The Honorable Jeri Kaylene Somers, Jedidiah Blake II, Matthew Gurr, and Benjamin Phillips III
Year in Review: the Federal Circuit's 2021 Government Contract Law Decisions, Morgan W. Huston, Nicholas Feldstern, and Camille Chambers