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Volume 106 - Issue 3

Chilling Effects and Unequal Subjects: A Response to Jonathon Penney’s Understanding Chilling Effects

By Karen Levy. Full Text. The mark of a strong theoretical argument is that it opens our minds to new empirical questions. In his generative article Understanding Chilling Effects, Jonathon Penney provides a persuasive and nuanced argument for interpreting chilling effects through the lens of social conformity, rather than self-censorship of lawful conduct. Penney’s own…

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K Is for Contract―Why Is It, Though? A K’s Study on the Origins, Persistence and Propagation of Legal Konventions

By Hanjo Hamann. Full Text. Just like Supreme Court Justices, law school students in the United States almost universally abbreviate the word “contract” using the capital letter “K.” Despite this consensus, no one ever sought to explain why a word that starts with “C” should get shortened to “K” instead. This Essay investigates this question.…

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K Is for Contract―Why Is It, Though? A K’s Study on the Origins, Persistence and Propagation of Legal Konventions

By Hanjo Hamann. Full Text. Just like Supreme Court Justices, law school students in the United States almost universally abbreviate the word “contract” using the capital letter “K.” Despite this consensus, no one ever sought to explain why a word that starts with “C” should get shortened to “K” instead. This Essay investigates this question.…

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Me, Myself, and My Digital Double: Extending Sara Greene’s Stealing (Identity) From the Poor to the Challenges of Identity Verification

By Michele Estrin Gilman. Full Text. Identity is an essential part of the human condition. When one’s identity is stolen or when a state rejects a citizen’s identity, the consequences can be devastating to one’s notion of selfhood as well as undermine their economic security. In Stealing (Identity) from the Poor, Sara Greene explores the…

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Racial Bias in Algorithmic IP

By Dan L. Burk. Full Text. Machine learning systems, a form of artificial intelligence (AI), are increasingly being deployed both for the creation of innovative works and the administration of intellectual property (IP) rights associated with those works. At the same time, evidence of racial bias in IP systems is manifest and growing. Legal scholars…

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Introduction to The Bremer-Kovacs Collection: Historic Documents Related to the Administrative Procedure Act of 1946 (HeinOnline 2021)

By Emily S. Bremer & Kathryn E. Kovacs. Full Text. Few statutes have a legislative history as rich, varied, and sprawling as the Administrative Procedure Act of 1946 (APA). In recent years, courts and scholars have shown increased interest in understanding this history. This is no mean feat. The APA’s history spans nearly two decades,…

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Introduction to The Bremer-Kovacs Collection: Historic Documents Related to the Administrative Procedure Act of 1946 (HeinOnline 2021)

By Emily S. Bremer & Kathryn E. Kovacs. Full Text. Few statutes have a legislative history as rich, varied, and sprawling as the Administrative Procedure Act of 1946 (APA). In recent years, courts and scholars have shown increased interest in understanding this history. This is no mean feat. The APA’s history spans nearly two decades,…

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Voigt Deference: Deferring to a State Agency’s Interpretation of a Federal Regulation

By Justin W. Aimonetti. Full Text. A federal court will sometimes defer to a federal agency’s interpretation of a federal regulation. But conventional wisdom suggests that federal courts review with fresh eyes state agencies’ interpretations of the same. This Essay suggests a different approach—one called Voigt deference named after a recent Eighth Circuit decision—and one…

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Extending Pandemic Flexibilities for Opioid Use Disorder Treatment: Authorities and Methods

By Bridget C.E. Dooling & Laura Stanley. Full Text. This Essay evaluates two specific flexibilities granted during the COVID-19 pandemic that made it easier for patients to access buprenorphine and methadone. First, the Drug Enforcement Administration (DEA) allowed practitioners to prescribe buprenorphine using telemedicine without first conducting an in-person medical exam. Second, the Substance Abuse…

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