120 Yale L.J. 1784 (2011). Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute ...

abstract. This Note aims to develop and describe a new type of penalty, the reflective remedy, to address the problem of optimal deterrence when the law is uncertain. It describes a novel remedial ...

abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under ...

abstract. In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held that a defendant’s use of a plaintiff’s copyrighted work would be judged ...

abstract. This Note presents a study of judicial decisions that have engaged with executive orders. The study was designed to elucidate the contexts in which courts have considered executive orders; ...

abstract. This Essay defends statutes creating public nuisance and consumer protection causes of action against firearms industry actors for their failure to take reasonable measures to control the ...

On June 20, 1991, two police officers brought an African American man named Anthony Gray into custody for questioning related to the unsolved rape and murder of a woman in Calvert County, Maryland. 1 ...

abstract. The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech.

Informational capitalism brings new dangers of surveillance and manipulation—but also of accelerating monopoly, inequality, and democratic ...

abstract. In March 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act). The Act voids predispute arbitration clauses ...

abstract. For decades, Fourth Amendment protections have turned on “reasonable expectations of privacy.” But a new era may be dawning. There is growing interest among judges and scholars in turning ...

abstract. Increasingly, automated processes—under the catch-all term “artificial intelligence” (AI)—serve as “mechanical managers” in the workplace. They may manifest as productivity applications to ...