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Submissions from 2018

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When the Defendant Doesn't Testify: The Eighth Circuit Considers a Reasonable Broken Promise in Bahtuoh v. Smith, Alexandre Bou-Rhodes

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Aggregation on Defendants' Terms: Bristol-Myers Squibb and the Federalization of Mass-Tort Litigation, Andrew D. Bradt and D. Theodore Rave

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Top-Down or from the Ground?: A Practical Perspective on Reforming the Field of Children and the Law, Cheryl Bratt

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Discriminatory Job Knowledge Tests, Police Promotions, and What Title VII Can Learn from Tort Law, Mark S. Brodin

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Discriminatory Job Knowledge Tests, Police Promotions, and What Title VII Can Learn from Tort Law, Mark S. Brodin

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Amicus Brief in Hedberg and Hedberg, M.D. v. Wakamatsu, M.D., Mark S. Brodin and Nickolas Merrill

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Title VII and the Collateral Source Rule: Evaluating the Not-So Equitable Remedy in EEOC v. Consol Energy, Virginia Calistro

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New Heights, New Uses, and New Questions: Can Individuals Enforce Their Property Rights Against the Impending Rise of Low-Flying Civilian Drones?, Thomas Carlton

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Lost Profits in a Multicomponent World, Bernard Chao

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Correcting Correctional Suicide: Qualified Immunity and the Hurdles to Comprehensive Inmate Suicide Prevention, Venus Chui

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Privacy, Screened Out: Analyzing the Threat to Individual Privacy Rights and Fifth Amendment Protections in State v. Stahl, Jesse Coulon

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Response Regarding Bureau Civil Investigative Demands and Associated Processes (Docket No. CFPB-2018-0001), Prentiss Cox, Christopher L. Peterson, and Financial Regulation and Consumer Protection Scholars and Former Regulators

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The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction in Absence of Likely Injury in New Mexico Department of Game & Fish v. United States Department of the Interior, Curtis Cranston

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Muddying the Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity in Waterkeeper Alliance v. EPA, Christopher Crocker

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The Face-Off Between Data Privacy and Discovery: Why U.S. Courts Should Respect EU Data Privacy Law When Considering the Production of Protected Information, Samantha Cutler

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Recent Additions to the Collection: Fall 2018, Laurel Davis

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The Library of Robert Morris, Civil Rights Lawyer & Activist, Laurel Davis and Mary Sarah Bilder

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The James S. Rogers Collection: Examining the Past to Inform the Future, Laurel Davis and Katie Lewis

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(Re)Calibration, Standard-Setting and the Shaping of Investment Law and Arbitration, Eric De Brabandere

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Cementing Good Law by Tolerating Bad Outcomes: Examining the Eighth Circuit's Commitment to Upholding the Defense of Qualified Immunity for Prison Officials in Kulkay v. Roy, Peter Diliberti

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Eleventh Circuit Prematurely Applied the Rule of Lenity in United States v. Izurieta, C. Alex Dilley

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Excessive Force, Police Dogs, and the Fourth Amendment in the Ninth Circuit: The Use of Summary Judgement in Lowry v. City of San Diego, Natasha Dobrott

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A Feminist Framing of Non-Consensual Pornography, Claire P. Donohue

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A Case for Revisiting the Child Welfare Act, Hannah Dudley

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Manufactured Deadlocks? The Problematic “Bad Faith Defense” to Forced-Sales of Delaware Corporations Under Section 226 of the Delaware General Corporation Law, Brian C. Durkin

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The Administrative Procedure Act and How the “Final Rule” Designation Allows Agencies to Perpetuate Harm by Failing to Act, Julia Eaton

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“Warning: Use May Result in Cruel and Unusual Punishment”: How Administrative Law and Adequate Warning Labels Can Bring About the Demise of Lethal Injection, Julia Eaton

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Commodifying Consumer Data in the Era of the Internet of Things, Stacy-Ann Elvy

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Technological Opacity & Procedural Injustice, Seth Katsuya Endo

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Response Regarding Inherited Regulations and Inherited Rulemaking Authorities (Docket No. CFPB-2018-0012), Kathleen Engel and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Response Regarding the Bureau’s Consumer Complaint and Consumer Inquiry Handling Processes (Docket No. CFPB-2018-0014), Kathleen Engel, Mary Spector, and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Investment Disputes Oltre lo Stato: On Global Administrative Law, and Fair and Equitable Treatment, Sebastián López Escarcena

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Who Can “Seize the Day?”: Analyzing Who Is an “Employee” for Purposes of Unionization and Collective Bargaining Through the Lens of the “Newsie” Strike of 1899, Hannah Esquenazi

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The Case for Tipping and Unrestricted Tip-Pooling: Promoting Intrafirm Cooperation, Samuel Estreicher and Jonathan Remy Nash

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The Naked Truth: Insufficient Coverage for Revenge Porn Victims at State Law and the Proposed Federal Legislation to Adequately Redress Them, Meghan Fay

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No Harm, No Foul: The Fourth Circuit Struggles with the "Injury-in-Fact" Requirement to Article III Standing in Data Breach Class Actions, Brandon Ferrick

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Wouldn’t It Be Nice: Searching for Clarity in Intermittent Strike Adjudication, Thomas B. Fiascone

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Response Regarding Bureau Public Reporting Practices of Consumer Complaint Information (Docket No. CFPB-2018-0006), Pamela Foohey, Angela K. Littwin, Amy J. Schmitz, and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Shucking a Patent: How a Simple Best Available Technology Law Can Break the Shell of Patent Protections, Antonio G. Fraone

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Technical Fouls: Adjudicating Statutory Violations with Equitable Resolutions, Antonio G. Fraone

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Comment on the Draft Report of the ICCA/Queen Mary Task Force on Third Party Funding in International Arbitration, Frank J. Garcia

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Concluding Chapter: Theories of Justice and International Trade Law, Frank J. Garcia

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Preface, Frank J. Garcia

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Rethinking Trade Law in an Era of Trump and Brexit, Frank J. Garcia

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The Case Against Third-Party Funding in Investment Arbitration, Frank J. Garcia

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Third-Party Funding as Exploitation of the Investment Treaty System, Frank J. Garcia

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Third-Party Funding as Exploitation of the Investment Treaty System, Frank J. Garcia

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Rethinking International Investment Governance: Principles for the 21st Century, Frank J. Garcia, Emma Aisbett, Bernali Choudhury, Olivier de Schutter, James Harrison, Song Hong, Lise Johnson, Mouhamadou Kane, Santiago Peña, Mattew Porterfield, Susan Sell, Stephen E. Shay, and Louis T. Wells

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The Case Against Third-Party Funding in ISDS: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, and Rachel Denae Thrasher

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Introduction: Investment Law for the Twenty-First Century, Frank J. Garcia and Sebastián López Escarcena

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Reforming International Investment Law: Opportunities, Challenges, Paradigms, Frank J. Garcia, Leo Gargne, Eric De Brabandere, Rachel Denae Thrasher, and William Park

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Third Party Funding in International Investor-State Arbitration, Frank J. Garcia and Kirrin Hough

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Restoring Trade’s Social Contract, Frank J. Garcia and Timothy Meyer

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Finally Freed or Infinitely Detained? The Need for a Clear Standard of Finality for Reinstated Orders of Removal, John Gavin

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Praying for Clarity: Lund, Bormuth, and the Split Over Legislator-Led Prayer, John Gavin

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Title VII Is Not the Only Cure for Employment Discrimination: The Implications of Doe v. Mercy Catholic Medical Center in Expanding Claims for Medical Residents Under Title IX, Amy-Lee Goodman

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Corporate Constitutional Rights: Easy and Hard Cases, Kent Greenfield

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The SEC and Foreign Private Issuers: A Path to Optimal Public Enforcement, Yuliya Guseva

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The Burgeoning “Biorights Movement”: Its Legal Basis, What’s at Stake, and How to Respond, Mark A. Hayden

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Lawful Permanent Residency: What the United States Citizenship & Immigration Services Giveth, It Can Also Take Away, Rebecca Hayes

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Should Investment Treaties Contain Public Policy Exceptions?, Caroline Henckels

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Striving for Consistency: The Battle of Jurisdiction in Enforcing Arbitration Awards, Leah Hengemuhle

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Promptly Proving the Need to Detain for Post-Entry Social Control Deportation, Mary Holper

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A New Mens Rea for Rape: More Convictions and Less Punishment, Kari E. Hong

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How To End “Illegal Immigration”, Kari E. Hong

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Weaponizing Misery: The 20-Year Attack on Asylum, Kari E. Hong

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Getting it Righted: Access to Counsel in Rapid Removals, Kari E. Hong and Stephen Manning

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Chart of Cases with Third Party Funding, Kirrin Hough

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Bankruptcy's Exceptions to Discharge: When Does a Statement About a Single Asset Respect the Debtor's Financial Condition?, Roman Ibragimov

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Judicial Conflicts and Voting Agreement: Evidence from Interruptions at Oral Argument, Tonja Jacobi and Kyle Rozema

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Criminal Doctrines of Faith, David Jaros

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The Architecture of Contract Innovation, Matthew Jennejohn

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Legal Limbo: The Fifth Circuit's Decision in Turner v. Driver Fails to Clarify the Contours of the Public's First Amendment Right to Record the Police, Stephanie Johnson

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How Irrational Actors in the CEO Suite Affect Corporate Governance, Renee M. Jones

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Mayhew v. Town of Smyrna: The Sixth Circuit Frustrates Public Employees' Right to a Jury Trial, Margaux Joselow

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Expedited Removal and Due Process: A "Testing Crucible of Basic Principle" in the Time of Trump, Daniel Kanstroom

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The Circuit Split on Mens Rea for Aiding and Abetting Liability Under the Alien Tort Statute, Srish Khakurel

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History and Harvard Law School, Bruce A. Kimball and Daniel R. Coquillette

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If Technology is the Hare, Is Congress the Tortoise? Split Circuits in the Wake of Dahda, Michael Koch

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Board to Death: How Busy Directors Could Cause the Next Financial Crisis, Jeremy C. Kress

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A Slap on the Wrist: Combatting Russia’s Cyber Attack on the 2016 U.S. Presidential Election, Christina Lam

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Making Investment Arbitration Work for All: Addressing the Deficits in Access to Remedy for Wronged Host State Citizens Through Investment Arbitration, Emmanuel T. Laryea

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Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. McCormick, and Juliet P. Stumpf

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“A Search Is a Search”: Scanning a Credit, Debit, or Gift Card Is a Search Under the Fourth Amendment, John A. LeBlanc

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Fair Use Avoidance in Music Cases, Edward Lee

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"Bears Need Room to Roam": The Ninth Circuit's Questionable Interpretation of Critical Habitat Designation, Katherine Lee

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Response Regarding Bureau Guidance and Implementation Support (Docket No. CFPB-2018-0013), Adam J. Levitin and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Sin Taxes: Have Governments Gone Too Far in Their Efforts to Monetize Morality?, Franklin Liu

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Investment Treaties, Offshore Finance, and the Resource Curse, Karl M.F. Lockhart

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An Antitrust-Informed Approach to Regulating Internet Interconnection, Daniel A. Lyons

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E-Rulemaking and the Politicization of the Comment Process, Daniel A. Lyons

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Protecting States in the New World of Energy Federalism, Daniel A. Lyons

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The Congressional Review Act and the Toxic Politics of Net Neutrality, Daniel A. Lyons

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Greening Investor-State Dispute Settlement, Daniel B. Magraw and Sergio Puig

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Doping Appeals at the Court of Arbitration for Sport: Lessons from Essendon, David Mahoney

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Tribal Sovereign Immunity and the Need for Congressional Action, Hunter Malasky

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You Might Just Have to Wait: Interpreting State Action Immunity and the Ability to Appeal Following the Ninth Circuit's Decision in SolarCity Corp. v. Salt River Project, Hunter Malasky

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Response Regarding Bureau External Engagements (Docket No. CFPB-2018-0005), Cathy Lesser Mansfield and Financial Regulation and Consumer Protection Scholars and Former Regulators

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Avoiding the Planned Obsolescence of Modern International Investment Agreements: Can General Exception Mechanisms Be Improved, and How?, Camille Martini

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Connecticut’s Evolving Views of Riparian Rights and the Public Trust, Terence H. McAllister