Should Courts Make It Personal? Virtue-Dependent Doctrine and the Law of Executive Power
By Michael Coenen. Full Text. With The Virtuous Executive, Professor Alan Rozenshtein has given us an impressive and wide-ranging analysis of the relevance of Presidential character to the law of executive power. The article’s central claim is straightforward: The Constitution reflects a “commitment to proper presidential character,” and scholars of and participants within the U.S.…
Continue ReadingErasing Racial Harms in CFPB v. Community Financial Services Association
By Callan Showers. Full Text. Professor Allan Freeman’s “perpetrator perspective” explains the normative American legal framework that casts racism as an intentional deviation from an otherwise neutral system. Freeman describes the perpetrator perspective as a negative, remedial dimension casting discrimination as an isolated action by a perpetrator onto a victim. By conflating the concept of…
Continue ReadingA Great American Gun Myth: Race and the Naming of the “Saturday Night Special”
By Jennifer L. Behrens and Joseph Blocher. Full Text. At a time when Second Amendment doctrine has taken a strongly historical turn and gun rights advocates have increasingly argued that gun regulation itself is historically racist, it is especially important that historical claims about race and guns be taken seriously and vetted appropriately. In this…
Continue ReadingTeaching “Is This Case Rightly Decided?”
By Steven Arrigg Koh. Full Text. “Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay thus advocates that law professors should present students with a…
Continue ReadingThe Right to Counsel for Habeas Proceedings
By Amy Cohen. Full Text. Federal habeas is often the last avenue of relief for both federal and state prisoners. The Framers thought the right to the writ of habeas corpus was so established in law that its only reference in the Constitution is under what conditions the right may be suspended. Yet, most habeas…
Continue ReadingStill on the Hook: Forward-Looking Releases Reel-in Potential Risks in Mergers and Acquisitions
By Mark T. Wilhelm & Madison Fitzgerald. Full Text. A recent study that analyzed more than 2,100 private-target acquisitions found that 65% of those transactions were structured with a separate signing and closing. While the number of days between signing and closing inevitably varies on a deal-by-deal basis, a prolonged executory period only intensifies concerns…
Continue ReadingProperty as a Legitimating Right
By Duncan Hosie. Full Text. Recent decisions from the Roberts Court have strengthened property rights, and progressive commentators and jurists have reacted with alarm. In light of these constitutional developments, this Essay revisits the landmark 2003 case of Goodridge v. Department of Public Health, which made Massachusetts the first state to recognize a right to…
Continue ReadingAI Tools for Lawyers: A Practical Guide
By Daniel Schwarcz & Jonathan H. Choi. Full Text. This Article provides practical and specific guidance on how to effectively use AI large language models (LLMs), like GPT-4, Bing Chat, and Bard, in legal research and writing. Focusing on GPT-4—the most advanced LLM that is widely available at the time of this writing—it emphasizes that…
Continue ReadingThe Battle for the Soul of the GDPR: Clashing Decisions of Supervisory Authorities Highlight Potential Limits of Procedural Data Protection
By Jordan Francis. Full Text. For privacy professionals, 2023 got off to a big start as the Irish Data Protection Commission (DPC) announced €390 million in fines against Meta Platforms Ireland Limited (“Meta”) for General Data Protection Regulation (GDPR) violations by its services Facebook and Instagram. Meta is no stranger to GDPR enforcement, having accumulated…
Continue ReadingInterstate Cannabis Compacts: The Road to a Regional Legal Cannabis Economy
By Michael J.K.M. Kinane. Full Text. Since the passage of the Controlled Substances Act in 1970, cannabis has been a Schedule I drug. Yet twenty-one states, two territories, and the District of Columbia have legalized recreational cannabis, and even more have legalized it for medical use. Despite Supreme Court precedent holding the conduct of these…
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