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    Content Posted in 2019

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    A Brand-Name Drug Company May Violate Section Two of the Sherman Act by Mislabeling a Submitted Patent in the Orange Book: An Implication from In Re Actos End-Payor Antitrust Litigation, 848 F.3d 89 (2d Cir. 2017), Ping-Hsun Chen

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    Activist Shareholders at De Facto Controlled Companies, Gaia Balp

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    A Fixed Game: The Frustrations of Ticket Scalping and the Realities of Its Solutions, Dylan C. Porcello

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    Afrofuturism, Critical Race Theory, and Policing in the Year 2044, I. Bennett Capers

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    Against Aviation Orthodoxy: India's Foreign Investment Regime for the Airline Industry, Jae Woon Lee and Umakanth Varottil

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    Air Banned and Barred: Why New York City's Affordable Housing Crisis Has No Room for Short-Term Rentals, Wilson Chow

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    All the President's Privileges, Ann M. Murphy

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    Analyzing the Potential for Universal Disarmament of Autonomous Weapons Systems or How I Learned to Stop Working and Love the Killer Robot, Frank Nicholas Kelly

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    A New Voting Rights Act for a New Century: How Liberalizing the Voting Rights Act’s Bailout Provisions Can Help Pass the Voting Rights Advancement Act of 2017, Mario Q. Fitzgerald

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    Animus and Its Discontents, William Araiza

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    Applying Daubert to Flaubert: Standards for Admissibility of Testimony of Writing Experts, Heidi K. Brown

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    Armenia and Azerbaijan's Struggle with Occupation in Nagorno-Karabakh, Carolyn Morway

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    A Safe Harbor in the Opioid Crisis: How The Federal Government Should Allow States to Legislate for Safe Injection Facilities in Light of the Opioid Public Health Emergency, Amber A. Leary

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    A SECOND OPINION: CAN WINDSOR V. UNITED STATES SURVIVE PRESIDENT TRUMP’S SUPREME COURT?, Artem M. Joukov

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    Assesing the Gig Economy in Comparative Perspective: How Platform Work Challenges the French and American Legal Orders, Jeremy Pilaar

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    Assuring Financial Stability for Survivors of Domestic Violence: A Judicial Remedy for Coerced Debt in New York’s Family Courts, Megan E. Adams

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    A Third Way of Thinking about Cultural Property, Lucas Lixinski

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    A Wall of Hate: Eminent Domain and Interest-Convergence, Philip Lee

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    Backstop, not Bailout: The Case for Preserving the Orderly Liquidation Authority under Dodd-Frank, Mark R. Maciuch

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    Badges of Opportunism: Principles for Policing Restructuring Support Agreements, Edward J. Janger and Adam J. Levitin

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    Bankruptcy Fiduciary Duties in the World of Claims Trading, John A. E. Pottow

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    Belief States in Criminal Law, James Macleod

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    Better Left Forgotten: An Argument Against Treating Some Social Media and Digital Assets as Inheritance in an Era of Platform Power, Shelly Kreiczer-Levy and Ronit Donyets-Kedar

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    Biometric Data Collection in an Unprotected World: Exploring the Need for Federal Legislation Protecting Biometric Data, Carra Pope

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    Call It By Its Name, William Araiza

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    Chancing the Arm to Save the Face: The Fight for Irish Gaelic Recognition and Ending the Stormont Deadlock, Samantha F. Sigelakis-Minski

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    Changed Circumstances: The Federal Rules of Civil Procedure and the Future of Institutional Reform Litigation after Horne v. Flores, Catherine Y. Kim

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    Chilling Social Media: Warrantless Border Searches of Social Media Accounts Infringe Upon the Freedom of Association and the Freedom to be Anonymous Under the First Amendment, Atanu Das

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    Comparative Analysis of the EU’s GDPR and Brazil’s LGPD: Enforcement Challenges with the LGPD, Abigayle Erickson

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    Competing with Noncompetes: Increasing Restrictions on the Use of Employment Noncompetition Agreements in New York, Michael A. E. Neville

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    Constitutional Utopianism: An Exercise in Law and Literature, Susan Herman

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    Corporate Distress, Credit Default Swaps, and Defaults: Information and Traditional, Contingent, and Empty Creditors, Henry T. C. Hu

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    Corporate Governance and Bankruptcy, Daniel J.H. Greenwood

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    Criminal Procedure, the Police, and The Wire as Dissent, I. Bennett Capers

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    Cruel & Unusual Pathways to Crime: A Call for Gender- and Trauma-Informed Correctional Care, Emily Frances Musson

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    Dads are Parents, Too: Why Amending the Pregnancy Discrimination Act is Necessary for Courts to Determine if a Parental Leave Policy Violates Title VII, Krista Gay

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    Direct-to-Consumer Calls to Action: Lowering the Volume of Claims and Disclosures in Prescription Drug Broadcast Advertisements, Andrew Andrzejewski

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    Dismantling Mid-Century Urban Renewal: A Community-Based Approach for the Future of New York City, Alia Soomro

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    Disruptive Philanthropy: Chan-Zuckerberg, the Limited Liability Company, and the Millionaire Next Door, Dana Brakman Reiser

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    Domestic Asset Protection Trusts: A Debtor's Friend and Creditor's Foe, Nora Hood

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    ESSAY: Injustice in Black and White: Eliminating Prosecutors’ Peremptory Strikes in Interracial Death Penalty Cases, Daniel Hatoum

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    Forging Taiwan’s Legal Identity, Margaret K. Lewis

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    From Discretion to Law: Rights-Based Concerns and the Evolution of International Sanctions, Christopher Roberts

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    From Family, They Flee: Asylum for Victims of Forced Marriage, Amanda R. Fell

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    Give Me Liberty or Give Me . . . Alternatives?: Ending Cash Bail and Its Impact on Pretrial Incarceration, Muhammad B. Sardar

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    Google, Charlottesville, and the Need to Protect Private Employees’ Political Speech, Chloe M. Gordils

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    Got Mylk?: The Disruptive Possibilities of Plant Milk, Iselin Gambert

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    Grading Patent Remedies: Dependent Claims and Relative Infringement, Daniel Harris Brean

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    Grinding Down the Edges of the Free Expression Right in Hong Kong, Stuart Hargreaves

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    Group Homes as Sex Police and the Role of the Olmstead Integration Mandate, Natalie Chin

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    Her Belly, Their Baby: A Contract Solution for Surrogacy Agreements, Devon Quinn

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    Immigration Detainers, Local Discretion, and State Law’s Historical Constraints, Kate Evans

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    Immigration Separation of Powers and the President's Power to Preempt, Catherine Y. Kim

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    Infrastructural Regulation and the New Utilities, K. Sabeel Rahman

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    Insider Trading: Are Insolvent Firms Different?, Andrew Verstein

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    Introducing Disruptive Technology to Criminal Sanctions: Punishment by Computer Monitoring to Enhance Sentencing Fairness and Efficiency, Mirko Bagaric and Dan Hunter

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    Is the President a Traitor? A Legal Analysis, Noah Kupferberg

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    Is the Sky the Limit?: Patent Implications of Discoveries Made in Outer Space, Max Stul Oppenheimer

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    Lactose’s Intolerance: The Role of Manufacturers’ Rights and Commercial Free Speech in Big Dairy’s Fight to Restrict Use of the Term “Milk”, Kathleen Justis

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    Law in the Time of Zika: Disability Rights and Reproductive Justice Collide, Seema Mohapatra

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    Looking Out for the Little Guy: Protecting Child Informants and Witnesses, Sarah Glasser

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    Lost to the Ages: International Patrimony and the Problem Faced by Foreign States in Establishing Ownership of Looted Antiquities, William R. Ognibene

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    Love's Labors Found, Nicholas Allard

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    Mandatory Reassignment As a Reasonable Accommodation Under the Americans With Disabilities Act Turns “Nondiscrimination into Discrimination”, Christina M. Loguidice

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    Minding the Gaps in Lawyers' Rules of Professional Conduct, Anita Bernstein

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    Moving from Management to Termination: A Case Study of Prolonged Occupation, David Hughes

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    No Cake for You: Discrimination, Dignity, and Refusals to Serve, William Araiza

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    Offshore Drilling: Combating Regulatory Uncertainty with Contract Law Protection, Jordan M. Steele

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    One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy, Edward J. Janger and Adam J. Levitan

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    On the Clock, Best Bet to Draft Cyberdefensive Linemen: Federal Regulation of Sports Betting from a Cybersecurity Perspective, William H. Williams

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    On the Clock: Incorporating a Timed Motion Brief Assignment to Promote Efficiency and Self-Awareness in the Writing Process, Cecilia Silver

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    Ordinary Causation: A Study in Experimental Statutory Interpretation, James Macleod

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    Pay For (Privacy) Performance: Holding Social Network Executives Accountable for Breaches in Data Privacy Protection, Lital Helman

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    Penal Welfare and the New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, and Amy J. Cohen

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    Persecution Restitution: Removing the Jurisdictional Roadblocks to Torture Victim Protection Act Claims, Michael J. Stephan

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    Playing Fair: Youtube, Nintendo, and the Lost Balance of Online Fair Use, Natalie Marfo

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    Plenary Power in the Modern Administrative State, Catherine Y. Kim

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    Policing School Discipline, Catherine Y. Kim

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    Political Ideology as a Limited Protected Class Under Federal Title VII Antidiscrimination Law, Anne Carey

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    Presidential Control across Policymaking Tools, Catherine Y. Kim

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    Presidential Legitimacy through the Anti-Discrimination Lens, Catherine Y. Kim

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    Prisoner-to-Public Communication, Demetria D. Frank

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    Private Benefits Without Control? Modern Chapter 11 and the Market for Corporate Control, Oscar Couwenberg and Stephen J. Lubben

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    Procedures for Public Law Remediation in School-to-Prison Pipeline Litigation: Lessons Learned from Antoine v. Winner School District, Catherine Y. Kim

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    Pursuing a Universal Threshold for Regulating Incitement to Discrimination, Hostility or Violence, Rebecca Meyer

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    Reciprocal Concealed Carry: The Constitutional Issues, William Araiza

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    Redrawing the Boundaries of Relational Crime, Cynthia Godsoe

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    REDUCING RECIDIVISM OR MISCLASSIFYING OFFENDERS?: HOW IMPLEMENTING RISK AND NEEDS ASSESSMENT IN THE FEDERAL PRISON SYSTEM WILL PERPETUATE RACIAL BIAS, Rachel DiBenedetto

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    Religious Courts in Secular Jurisdictions: How Jewish and Islamic Courts Adapt to Societal and Legal Norms, Rabea Benhalim

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    Repealing Patents, Christopher Beauchamp

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    Response: Animus, Its Critics, and Its Potential, William Araiza

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    Rethinking ISDS, George Kahale III

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    Revoking Your Citizenship: Minimizing the Likelihood of Administrative Error, Catherine Y. Kim

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    Risk-Free Trial: Reviewing Writing Samples to Broaden Student Engagement, Cecilia Silver

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    Roots of Revolution: The African National Congress and Gay Liberation in South Africa, Joseph S. Jackson

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    Safeguarding Democracy in Europe: A Bulwark Against Hungary’s Subversion of Civil Society, Hannah J. Sarokin

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    Single Subject Rules and Civil Rights: Using Legislative-Process Restrictions to Facially Challenge Constitutionally Suspect Laws, Annie Melton

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    Slow Lawyering: How Law Practitioners Can Slow Down in a High-Speed World and Why It Matters, Susan Greene

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    Something to Wine About: What Proposed Revisions to Wine Labeling Requirements Mean for Growers, Producers, and Consumers, Deborah Soh

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    Sorting Out White-Collar Crime, Miriam Baer

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    Speech-and-Display Laws: Balancing Physicians' Free Speech Rights and States' Interests in the Context of Abortion, Emily Ruppert

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    Stopping Terrorism at its Source: Conceptual Flaws of the Deterrence-Based Counterterrorism Regime and Committing to a Preemptive Causal Model, Mark D. Kielsgard and Tam Hey Juan Julian

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    Swimming Upstream: The Need to Resolve Inconsistency in the FDA's Fishy Regulatory Scheme, Kelsie Kelly

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    Telemarketing, Technology, and the Regulation of Private Speech: First Amendment Lessons from the FCC’s TCPA Rules, Justin (Gus) Hurwitz

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    The Costs of Having (Too) Many Choices: Reshaping the Doctrine of Informed Consent, Maytal Gilboa and Omer Y. Pelled

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    The Demise of Drug Design Litigation Death by Federal Preemption, Aaron Twerski

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    The Devious Debtor: 11 U.S.C. § 523(A)(2)(B) and the Need for a More Equitable Outcome, Torie Levine

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    The ECOA and Disparate Impact Theory: A Historical Perspective, Winnie F. Taylor

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    The Equal Protection Doctrine in the Age of Trump: The Example of Unaccompanied Immigrant Children, Rebecca A. Delfino

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    The Equifax Data Breach and the Resulting Legal Recourse, Caitlin Kenny

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    The Governing Authority's Responsibilities in Compliance and Risk Management, as Seen in the American Law Institute's Draft Principles of Compliance, Risk Management, and Enforcement, James Fanto

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    The (Im)Partial Jury: A Trial Consultant’s Role in the Venire Process, Stephanie M. Coughlan

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    The Inaugural Brooklyn Lecture on International Business Law: “ISDS: The Wild, Wild West of International Practice”, George Kahale III

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    The Incomplete Ecology of Hydraulic Fracturing Governance, Gregg P. Macey

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    The King of the CASL: Canada’s Anti-Spam Law Invades the United States, Arthur Shaykevich

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    The Market for Corporate Control In the Zone of Insolvency: Symposium Introduction, Edward J. Janger

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    The Modern-Day Scarlet Letter: Erasing the Scar of Non-Consensual Pornography Through Affirmative Consent, Jennifer Esposito

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    The Need for a Shared Responsibility Regime between State and Non-State Actors to Prevent Human Rights Violations Caused by Cyber-Surveillance Spyware, Anna W. Chan

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    The (not-so) “Brave New World of International Criminal Enforcement”: The Intricacies of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson

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    The Plight of Georgia: Russian Occupation and the Energy Charter Treaty, Jennessa M. Lever

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    The President's Immigration Courts, Catherine Y. Kim

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    The Price is Rights: Getting the United Arab Emirates up to International Speed in the Labor Law Department, Janae C. Cummings

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    The Problem of the Terror Non-State: Rescuing International Law from ISIS and Boko Haram, Darin E.W. Johnson

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    “There’s Voices in the Night Trying to Be Heard”: The Potential Impact of the Convention on the Rights of Persons with Disabilities on Domestic Mental Disability Law, Michael L. Perlin and Naomi M. Weinstein

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    The Time Has Come for Congress to Finish Its Work on Harmonizing the Definition of "Employee", Russel A. Hollrah and Patrick A. Hollrah

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    Things Fall Apart (Next Door): Discriminatory Maintenance and Decreased Home Values as the Next Fair Housing Battleground, Michelle Y. Ewert

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    THREADS OF TERROR, CRIME, & SLAVERY “HE WHO WOULD PRY BEHIND THE SCENES OFT SEES A COUNTERFEIT”, Gabriella Manduca

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    Throwing out Junk Science: How a New Rule of Evidence Could Protect a Criminal Defendant's Right to Confront Forensic Scientists, Michael Luongo

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    Trade Secret Protection in Japan and the United States: Comparison and Recommendations, Thomas Landman

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    Transparency in Corporate Groups, Jay Lawrence Westbrook

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    Unburdening Broadway: Spotlight on the American's with Disabilites Act, Naomi Edwards

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    Venezuela: A Uniquely Senian Insight into a Human Rights Crisis, Andrea I. Scheer

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    VERBAL HATE CRIMES IN THE WORKPLACE: THE EFFECT OF MENTAL AND EMOTIONAL INJURY OF THE LGBT COMMUNITY ON THE COMMERCE CLAUSE, Elizabeth Olsen

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    WHEN DEATH BECOMES AN OPTION: HOW AEDPA’S OPT-IN PROVISIONS WILL VIOLATE THE CONSTITUTIONAL RIGHTS OF HABEAS CORPUS PETITIONERS, Alexander Brock

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    “Why Did Constantinople Get the Works? That’s Nobody’s Business but the Turks.” A New Approach to Cultural Property Claims and Geographic Renaming Under the 1970 UNESCO Convention, Kasey Theresa Mahoney

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    Why Does the SEC Hate Lawyers and Will the Bitterness Ever Go Away: A Review of the Reasons for the Current State of this Relationship and a Proposed Path Forward, Ernest Edward Badway, Joshua Horn, and Christie McGuinness

 
 
 
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