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    Content Posted in 2022

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    A Call to Replace the APA’s Notice-and-Comment Exemption for Guidance Documents, Crystal M. Cummings

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    A Civil Shame: The Failure to Protect Due Process in Discretionary Immigration Bond Hearings, Stacy L. Brustin

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    A Continental Rift? The United States and European Union's Contrasting Approaches to Regulating the Monopolistic Behavior of Gatekeeper Platforms, Peter R. Enia

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    Administrative Deference and the Social Security Administration: Survey and Analysis, Nicholas M. Ohanesian

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    A HISTORY OF CONSUMER CLASS ACTIONS IN STATE COURTS, Anne Fleming

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    AI in Adjudication And Administration, Cary Coglianese and Lavi M. Ben-Dor

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    A Lineage of Family Separation, Anita Sinha

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    ALTERNATIVE DATA AND INSIDER TRADING: ARE INVESTMENT MANAGERS ASSLEEP AT THE WHEEL ON BIG DATA USE?, William Montemarano

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    America’s $1.7 Trillion Student Loan Debt Problem: A Story of the American Dream, Good Intentions, and Easy Money, Crystal Liu

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    America’s Constant Crisis of Care: The Case for Passing a National Direct Care Ratio for Nursing Homes, Marissa Espinoza

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    An Exclusive Property Model for the Common Heritage of Mankind: A Multilateral Regime for Natural Resources in Outer Space, Yun Zhao and Xiaodao Li

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    Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’s Oceans And Problems With Enforcing Environmental Regulations, Nicholas J. Sarnelli

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    A REJECTION OF ABSOLUTIST DUTIES AS A BARRIER TO CREDITOR PROTECTION: FACILITATING DIRECTORIAL DECISIVNESS SURROUNDING INSOLVENCY THROUGH THE BUSINESS JUDGMENT RULE, Philip Gavin

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    Are You There, Law? It's Me, Semen, Anita Bernstein

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    Arrests as Guilt, Anna Roberts

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    Asymmetry as Fairness: Reversing a Peremptory Trend, Anna Roberts

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    A True Sense of Security: How Kirschner v. J.P. Morgan Chase Illustrates the Failings of the Reves Family-Resemblance Test and the Need to Recognize Some Syndicated Loans as Securities for the Sake of the Financial System, Aidan D. Mulry

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    Avoiding Wasteful Competition: Why Trading on Inside Information Should Be Illegal, Michael D. Guttentag

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    Balancing Efficiency and the Public Interest: A Comparative Analysis of Force Majeure Defaults in Government Contracting, Alexandra L. Noetzel

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    Bardy Diagnostics v. Hill-Rom: New Lessons on Material Adverse Effect Clauses, Robert T. Miller

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    Big Dreams and Pyramid Schemes: The FTC’s Path to Improving Multi-Level Marketing Consumer Protections in Light of AMG Capital Management and the 2016 Herbalife Settlement, Camille H. Mangiaratti

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    Black Deaths Matter: the Race-of-Victim Effect and Capital Punishment, Daniel S. Medwed

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    Black on Black Representation, Alexis Hoag

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    Blame the Victim: How Mistreatment by the State Is Used to Legitimize Police Violence, Tamara Rice Lave

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    Boeing, Boeing, Gone: General Jurisdiction over Corporations, Principal Place of Business, and a Second Look at the Total Activities Test, Robert Ellis Stengel

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    BOOK REVIEW: The Mighty Roe Has Fallen (Probably): A Call to Action as an Antidote to Despair, Loreen Peritz

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    Broken PROMESA: Why the United States Should Abandon Its Use of the Territories Clause to Control the Local Affairs of Puerto Rico, Julia R. Cummings

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    Budgetary Courage to Face the Double Crises of COVID and Climate Change, Frank Pasquale

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    Casual Ostracism: Jury Exclusion on the Basis of Criminal Convictions, Anna Roberts

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    Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples

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    Conscience Leave, Andrew K. Jennings

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    Consider Collateral Consequences: The Inherent Hypocrisy of Veterans Treatment Courts’ Failure to Dismiss Criminal Charges, Julia W. Williams

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    Consumer Bankruptcy and Race: Current Concerns and a Proposed Solution, Edward J. Janger

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    CONSUMERS' DECLINING POWER IN THE FINTECH AUTO LOAN MARKET, Pamela Foohey

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    Conviction by Prior Impeachment, Anna Roberts

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    Convictions as Guilt, Anna Roberts

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    Copying Copyright: Adopting a Fair Use Defense in Patent Law in Times of Public Health Crisis, Kellie C. Van Beck

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    Copystrikes and Meme Bans: Social Media and Copyright Protections in the Digital Age, Angelina Sanchez

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    Cracks in the Clean Air Act: Fixing the Foundation of US Climate Policy, Emily Joshi-Powell

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    Credibility in Empirical Legal Analysis, Hillel J. Bavli

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    CYBER-INSECURITY: THE REASONABLENESS STANDARD IN INTERNET OF THINGS DEVICE REGULATION AND WHY TECHNICAL STANDARDS ARE BETTER EQUIPPED TO COMBAT CYBERCRIME, Chynna Rose Foucek

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    Defense Counsel's Cross Purposes: Prior Conviction Impeachment of Prosecution Witnesses, Anna Roberts

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    Defense Counsel’s Cross Purposes: Prior Conviction Impeachment of Prosecution Witnesses, Anna Roberts

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    Determining Marriage Length in Support Calculations: Should Cohabitation Count?, Mark Strasser

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    Digital Privacy Rights and CLOUD Act Agreements, Tim Cochrane

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    Disgust and Guns: Conduct, Identity, and Second Amendment Animus, William D. Araiza

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    Dismissals as Justice, Anna Roberts

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    Disparately Seeking Jurors: Disparate Impact and the (Mis)Use of Batson, Anna Roberts

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    DNA Dystopia: How the National Security Apparatus Could Map the Entire Genome of America Without Violating the Fourth Amendment or the Constitutional Right to Privacy, Elias Rios III

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    DOOR SHUT AND EARS PLUGGED: HOW CONSUMER REPORTING CASTS IDENTITY THEFT VICTIMS OUT OF FINANCIAL SOCIETY AND HOW THE LAW CAN BE HARMONIZED TO BRING THEM BACK IN, Ryan Bolger

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    Down and Dirty: Remedies and Reparations for Intersected Environmental and Reproductive Justice, Mickaela J. Fouad

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    "Equitable Compensation" as "Just Compensation" for Takings, Brian Angelo Lee

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    Federalized Corporate Governance: The Dream of William O. Douglas as Sarbanes-Oxley Turns 20, Joan MacLeod Heminway

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    Federal Land Conservation in Rural Areas, Jessica Owley and Jess Phelps

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    Finding Original Public Meaning, James Macleod

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    Finding Your 'Flow', Heidi K. Brown

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    Fintech and Race-Based Inequality in the Home Mortgage and Auto Financing Markets, Winnie F. Taylor

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    Fit for Its Ordinary Purpose: Implied Warranties and Common Law Duties for Consumer Finance Contracts, Edward J. Janger and Susan Block-Lieb

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    FOREWORD: The Free Speech Record of the Roberts Court, William D. Araiza

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    FOREWORD: The Role of the “Victim” in the Criminal Legal System, Kate Mogulescu

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    Forum Selection Clauses, Non-Signatories, and Personal Jurisdiction, Robin Effron and John F. Coyle

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    Freeing Cryptoassets from Howey: A Defense of Genuine Token Offering, Kathryn A. Daly

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    Free Speech Still Matters, Joel M. Gora

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    Free Speech Still Matters, Joel M. Gora

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    Full of Questions and Wonder: Roberta Karmel's Legacy, Alan R. Palmiter

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    Gender Pay Disparity, the COVID-19 Pandemic, and the Need for Reform, Amy H. Soled

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    Giving Meaning to the Apostrophe in Victim[’]s Rights, Margaret Garvin

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    Health Insurance and Bankruptcy Risk: Examining the Impact of the Affordable Care Act, Philip M. Pendergast, Michael D. Sousa, and Tim Wadsworth

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    Healthy Hives: Can Replacing Hierarchies with Intergroup Teams Transform Our Profession?, Heidi K. Brown

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    How Artificial Intelligence Machines Can Legally Become Inventors: an Examination of and Solution to the Decision on DABUS, Justyn Millamena

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    How Discretionary Decision-Making Impacts the Financial Performance and Legal Disclosures of S&P 500 Funds, Bernard S. Sharfman and Vincent Deluard

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    How Public Health Informed Lawmaking Would Address the Rising Synthetic Opioid Death Toll, Jennifer S. Bard

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    How the National Labor Relations Board Is Still Failing Marginalized Employees, Taylor Arluck

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    If You Can’t Beat Them, Get Even: A Proposal to Level the Playing Field Between Social Media Platforms and Their Wrongfully Removed Users, Bernie Gabrielle Toledano

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    Impeachment by Unreliable Conviction, Anna Roberts

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    INTRODUCTORY REMARKS: The Roberts Court and the First Amendment: An Introduction, Geoffrey R. Stone

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    In Vogue Again: The Re-Rise of SPACS in the IPO Market, Maria Lucia Passador

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    Iranian Music Censorship & International Human Rights Law, Cameron Moody

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    Karmel’s Dissent: The SEC’s Use and Occasional Misuse of Section 21(a) Reports of Investigation, James J. Park

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    Keeping Guns in the Hands of Abusive Partners: Prosecutorial and Judicial Subversion of Federal Firearms Laws, Bonnie Carlson

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    Last Rights: A Theory of Individual Impact, Kenneth R. Davis

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    Lawyering 'Twisties': Naming and Untangling Performance Anxiety, Heidi K. Brown

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    LEAD Us Not into Temptation: A Response to Barbara Fedders's Opioid Policing, Anna Roberts

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    Lessons COVID-19 Taught: How the Global Pandemic Demonstrated that State Healthcare Regulations Can Kill, Devon Allgood

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    LET'S STOP PLAYING GAMES: WHY BETTER CONGRESSIONAL INTERACTION IS REQUIRED TO PROTECT YOUNG GAMERS, Dominick Tarantino

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    Let the Bots Be Bots: Why the CFAA Must Be Clarified to Prevent the Selective Banning of Data Collection Facilitating Private Social Media Information Monopolization, W. Connor McRory

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    LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCED NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS, Daniel Finnegan

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    Looking Forward: Professor Roberta Karmel's Prescient Views on the Transformation of Self-Regulatory Organizations and of the Securities Market Structure at the Turn of the Last Century, James Fanto

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    Looking Forward: Professor Roberta Karmel’s Prescient Views on the Transformation of Self-Regulatory Organizations and of the Securities Market Structure at the Turn of the Last Century, James A. Fanto

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    Mad about the First Amendment, Our Beacon for Liberty, Equality and Democracy, Nicholas Allard

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    Menstruation: An Ableist Narrative, Prianka Nair

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    Mezzanine Real Estate Loan Foreclosures: What is Commercially Reasonable During an Emergency?, Christopher J. Collins

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    Movement Law, Jocelyn Simonson, Amna A. Akbar, and Sameer M. Ashar

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    Mutual Fund Advisory Fees: Forty Years of Failure, Stewart L. Brown PhD., CFA

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    Mutual Fund Stewardship and the Empty Voting Problem, Jill E. Fisch

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    New York’s School Segregation Crisis: Open the Court Doors Now, Gus Ipsen

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    No Pact with the Devil: Defending & Strengthening New York City’s Permanent Affordability Commitment Together (PACT) - P3, Madeline Martinez

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    Normative Dimensions of Consensual Application of Black Box Artificial Intelligence in Administrative Adjudication of Benefits Claims, Frank Pasquale

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    NOT SO FAIR USE: THE SHORTCOMINGS OF CURRENT COPYRIGHT LAW IN MUSIC SAMPLING, Marissa Brown

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    On the Outer Reaches of the Marketplace of Ideas: the Weaponization of Title VI Against Palestinian College Activists, Gavriella Fried

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    Paging Doctor Robot: Medical Artificial Intelligence, Tort Liability, and Why Personhood May Be the Answer, Benedict See

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    Parole, Victim Impact Evidence, and Race, Alexis Karteron

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    Prosecuting the Phone Scammer When Extradition Fails and Concurrent Jurisdiction Exists, Michelle Lepkofker

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    Protecting the Constitution While Protecting Victims: Challenges to Pro Se Cross-Examination, Katharine L. Manning

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    PROXY ADVISORS AS ISSUE SPOTTERS, Douglas Sarro

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    Punishing Drug Use During Pregnancy: Is It Time to “Just Say No” to Fetal Rights?, Danika E. Gallup

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    Purcell in Pandemic, Wilfred U. Codrington III

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    Putting a Finger on Biometric Privacy Laws: How Congress Can Stitch Together the Patchwork of Biometric Privacy Laws in the United States, Eliza Simons

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    QUALIFIED OPPORTUNITY FUNDS: PRIVATE EQUITY EXEMPTIONS FROM PUBLIC RESPONSIBILITY, Audrey E. Abate

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    Reclaiming the Importance of the Defendant's Testimony: Prior Conviction Impeachment and the Fight against Implicit Stereotyping, Anna Roberts

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    Redefining the Safe Third Country Exception of the Immigration and Nationality Act in the Wake of Trump, Daniel E. Rabbani

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    REDUCING CONFLICTS OF INTEREST: A "GLASS-STEAGALL" SPLIT OF ADVISORY AND CONSULTING SERVICES OF PROXY ADVISORY FIRMS, Austin Manna

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    (Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias, Anna Roberts

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    Regulating the Autonomous Ocean, Annie Brett

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    Released, but Not Free: The Unexonerated, Heidi Gilchrist

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    Remedies for Government Breach: Lessons from The United States and a Zone of Appealable Remedies for Southeast Asia, Benjamin D. Black

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    Retail Investors: Why Online Investing Platforms Need More Regulation and Oversight, Christal McCamy

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    Revising U.S. Privacy Laws: New Laws are Required to Fill in the Gaps of Current and Proposed Legislation to Account for New Technologies and Future Emergencies, Marissa Wong

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    Roberta Karmel and the "Brooklyn School", Edward J. Janger

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    Roberta Karmel and the "Brooklyn School", Edward J. Janger

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    Rotten Social Background and Mass Incarceration: Who Is a Victim?, Steven Zeidman

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    Section 230 and the Problem of Social Cost, Stanley M. Besen and Philip L. Verveer

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    Shifting Burdens at the Fringe, Vijay Raghavan

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    Should Victims’ Views Influence Prosecutors’ Decisions?, Bruce A. Green and Brandon P. Ruben

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    Signed, Sealed, & Undelivered: Unsuccessful Attempts of Foreign Judgment Recognition Between the U.S. and China, Shun-Hsiang Chen

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    Slaying the Serpents: Why Alternative Intervention Is Necessary to Protect Those in Mental Health Crisis from the State-Created Danger “Snake Pit”, Kathleen Giunta

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    Social Media and the Common Law, Leslie Y. Garfield Tenzer

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    State Securities Enforcement, Andrew K. Jennings

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    Sweet Are the Uses of Adversity, Nicholas Allard

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    SYMPOSIUM: CONSUMER WELFARE MARKET STRUCTURE AND POLITICAL POWER, Edward J. Janger

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    Symposium Introduction: A Tribute to Roberta Karmel, James A. Fanto

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    Symposium Introduction: A Tribute to Roberta Karmel, James Fanto

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    Sy-STEM-Ic Bias: An Exploration of Gender and Race Representation on University Patents, Jordana R. Goodman

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    Targeted Regulation of Proxy Voting Advice: Balancing Monitoring with Information Flow in the Age of ESG, Jara R.Y. Jacobson

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    TELLING THE STORY ON YOUR TIMESHEETS: A FEE EXAMINER'S TIPS FOR CREDITORS' LAWYERS AND BANKRUPTCY ESTATE PROFESSIONALS, Nancy B. Rapoport

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    The Anti-Free Speech Movement, Robert Corn-Revere

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    The Case for an International Solution to the Restitution of Cultural Property: Morality, Legality and Righting Western Wrongs, Ariana Catarisano

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    The Coming Shift in Shareholder Activism: From “Firm-Specific” to “Systematic Risk” Proxy Campaigns (and How to Enable Them), John C. Coffee, Jr.

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    THE COMMODIFICATION OF PERSONAL DATA AND THE ROAD TO CONSUMER AUTONOMY THROUGH THE CCPA, Blaire Rose

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    The Cost of Cutting Corners: Jurisdictional Implications Flowing from Removal Proceedings Commenced by a Defective Notice to Appear, Juliana M. Lopez

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    The Elastic Corporate Form in International Law, Julian Arato

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    “The EU Challenge to the SEC”: A View from 2021, Howell E. Jackson

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    The Free Speech Record of the Roberts Court, William D. Araiza

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    The Gatekeepers of Research: Why a Data Protection Authority Holds the Key to Research in the New York Privacy Acts, Eric B. Green

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    The Good, the Bad, and the Historically Anti-Semitic: An Analytical Comparison of Anti-Hate Laws in Germany and the United States, Jamie Rauch

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    The Historical Diagnosis Criterion Should Not Apply: Reasonable Accommodations in Standardized Testing for Individuals with a Later Diagnosis of ADHD, Denise Elliot

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    The Information Shortfalls of Prosecuting Irresponsible Executives, Miriam H. Baer

     

    The Internal Limits on Fiduciary Loyalty, Andrew S. Gold

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    The Invisible Circumstances of Notice, Robin Effron

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    The Law of License Plates and Other Inevitabilities of Free Speech Context Sensitivity, William D. Araiza

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    The Law of License Plates and Other Inevitabilities of Free Speech Context Sensitivity, William D. Araiza

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    The Means to Ending ENDS: Electronic Nicotine Delivery Systems and America’s Youth, Megan C. Feeney

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    THE MODERN PAY FOR PLAY MODEL: LAWS THAT PROTECT STUDENT-ATHLETES' FUNDAMENTAL RIGHT TO COMMERCIALZE THEIR NAMES, IMAGES, AND LIKENESS, Paul A. Schwabe Jr.

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    The Patient Assistance Problem, Daniel O’Brien Lichtenauer

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    The Place of the Prosecutor in Abolitionist Praxis, Cynthia Godsoe

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    THE POLITICAL FACE OF ANTITRUST, Spencer Weber Waller and Jacob E. Morse

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    The Professionalization of Compliance: Its Progress, Impediments, and Outcomes, James A. Fanto

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    The Promise and Perils of Shared Equity Financing, David Reiss and Ernira Mehmetaj

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    The Promised Land: Blockchain and the Fashion Industry, Shlomit Yanisky-Ravid and Grace Monroy

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    THE REVOLUTION OF THE COMMERCIAL SPACE INDUSTRY: WHY CURRENT LAWS MUST BE REPLACED BEFORE AMERICAN BUSINESS EXPANDS TO THE MOON AND BEYOND, Drew M. Fryhoff

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    The Roberts Court—Its First Amendment Free Expression Jurisprudence: 2005­–2021, Ronald K.L. Collins and David L. Hudson Jr.

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    The Roberts Court, State Courts, and State Constitutions: Judicial Role Shopping, Ariel L. Bendor and Joshua Segev

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    The Role of the "Victim" in the Criminal Legal System, Kate Mogulescu

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    The Rules of the Malpractice Game: Affidavit of Merit Statutes, Erie, and the Cautionary Tale of an Overbroad Application of Rule 11, Deanna Arpi Youssoufian

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    The Second Amendment in a Carceral State, Alice Ristroph

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    The Victim/Offender Overlap and Criminal System Reform, Cynthia Godsoe

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    The Victim/Offender Overlap and Criminal System Reform, Cynthia Godsoe

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    The "Worst Law in Technology": How the Computer Fraud and Abuse Act Allows Big Businesses to Collect and Sell Your Personal Information, Alicia Nakhjavan

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    Third Time’s the Charm: Remedying the Lack of Uniformity and Predictability in Trade Secret Law, Matthew D. Kasner

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    Timeout for Sports Trademark Overprotection: Comparing the United States, European Union, and United Kingdom, Jodi S. Balsam

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    TRANSCRIPT: The Roberts Court and Free Speech Symposium, Michael T. Cahill, Joel M. Gora, Geoffrey R. Stone, Ronald K.L. Collins, David L. Hudson Jr., Floyd Abrams, Ellis Cose, Robert Corn-Revere, Genevieve Lakier, William D. Araiza, Helen Norton, Nadine Strossen, and Erwin Chemerinsky

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    TWO POLITICIZATIONS OF U.S. ANTITRUST LAW, Frank Pasquale and Jacqueline Green

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    United States v. Donziger: How the Mere Appearance of Judicial Impropriety Harms Us All, Jackie Kushner

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    Venezuelan Prisons' Human Rights Violations and Suggested Reforms Based on the Success of Norway's Restorative Justice-Focused Approach to Incarceration, Nadiya Singh

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    Victims, Right?, Anna Roberts

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    Voice Shoppers: From Information Gaps to Choice Gaps in Consumer Markets, Noga Blickstein Shchory and Michal S. Gal

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    Walking Between the Lines: Why the Wright Line Standard is Not Always Applicable While Employees Demand Safer COVID-19 Working Conditions, Michelle Verkhoglaz

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    WARRANTY, PRODUCT LIABILITY AND TRANSACTION STRUCTURE: THE PROBLEM OF AMAZON, Edward J. Janger and Aaron D. Twerski

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    What Are Victim Impact Statements For?, Susan A. Bandes

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    When Your Apps Threaten National Security – A Review of the TikTok and WeChat Bans and Government Actions Under IEEPA and FIRRMA, Ru Hochen

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    White Supremacy’s Police Siege on the United States Capitol, Vida B. Johnson

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    Who’s the Fairest of Them All: Circuit Split Over Landlord Liability for Tenant-On-Tenant Discrimination Under the Fair Housing Act, Kelli Conway

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    Without a Voice, Without a Forum: Finding IIRIRA Section 1252(g) Unconstitutional, Amanda Simms

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    YOUR UBER DRIVER IS HERE, BUT THEIR BENEFITS ARE NOT: THE ABC TEST, ASSEMBLY BILL 5, AND REGULATING GIG ECONOMY EMPLOYERS, Brian A. Brown II

 
 
 
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