In Sustaining Stare Decisis as a Post-Merits Determination, Peter Povilonis offers an insightful and novel analysis of the U.S. Supreme Court’s stare decisis jurisprudence. He characterizes stare decisis as a procedural doctrine that, in its proper form, is separate from
Earlier this year, Jimmy Lai, a pro-democracy advocate in Hong Kong and a critic of China, was sentenced to 20 years in prison after being convicted of colluding with foreign forces and publishing seditious material in violation of the Beijing-originated
For several decades now, a debate about whether or how to regulate cultural appropriation, especially of indigenous creations, has been brewing at the edges of American IP scholarship. This topic has, however, never really broken through—that is, it has never
Caught in Language. The importance of speech and language therapy for the Youth Justice System is the result of a PhD research project examining how juveniles with speech, language, and communication needs participate in the criminal justice system. The research’s
We have become inured to a world of surveillance so pervasive it would make the Stasi blush. Much of this infrastructure is built on our nominal consent in the guise of consumption choices. We carry around tracking and recording devices
It is not difficult to think of constitutional rules that are criticized, defended, or often both, on normative grounds that are more or less fact-free—not for what they actually are, but for what their critics or defenders believe they are
Not a day goes by without someone remarking that social media is a “cesspool.” The internet overflows with misogynist, anti-LGBT, racist, fascist, and even openly genocidal sentiments, some coming from the highest reaches of government. Snarky male right-wing influencers edgelord
In their recent paper, Private Equity, Public Capital, and Litigation Risk, Professors Ludovic Phalippou and William Magnuson challenge the wisdom of
Law students study landmark contract law cases; scholars write law review articles on contract law precedents and influential judicial decisions (typically from states’ appellate and supreme courts); and the media covers high-profile, high-value contracts and high-stakes contract disputes between sophisticated
The Supreme Court of the United States is poised to make one of the most important decisions this term: the
