By Daniel J. Capra and Liesa L. Richter. Full Text.  In recent years, there have been many calls and suggestions for a more equitable criminal justice system. Although sometimes overlooked in that dialogue, the fair operation of the Federal Rules of Evidence is a crucial component in ensuring such an equitable system. Unfortunately, the interpretation…

By Naomi Schoenbaum. Full Text. A central tenet of sex discrimination law is the protection of gender nonconformity: unless a feature of biological sex requires it, regulated entities may not expect that individuals will conform their gender performance to the stereotypes of their sex. This doctrine is critical to promoting the anti-stereotyping aims of sex…

By William Boyd. Full Text.  Price formation has emerged as one of the most complex and contested areas of U.S. energy law. In the natural gas markets, questions about the integrity of price indices, which serve as key benchmarks for billions of dollars in transactions and investments across the industry, have been the subject of…

By Jesse M. Cross. Full Text. It is widely acknowledged that, from roughly 1940 to 1970, a revolution occurred in Conflicts of Law. Referred to as the “Conflicts revolution,” this movement remade nearly every legal test in the field. According to conventional wisdom, this revolution rejected the same idea in each instance: namely, that Conflicts…

By David Horton. Full Text. The field of civil procedure revolves around the Federal Rules. However, there is an alternative procedural universe. The Supreme Court’s relentless expansion of the Federal Arbitration Act funnels tens of thousands of disputes every year to arbitration administrators such as the American Arbitration Association and JAMS. These entities have created…

By Jay P. Kesan and Runhua Wang. Full Text. The U.S. Supreme Court’s decision regarding patent-eligible subject matter in Alice Corp. v. CLS Bank has been in effect for more than five years, and it has made a significant impact on inventions involving software, information technology, and the life sciences. There is significant scholarly debate…

By Shaanan Cohney and David A. Hoffman. Full Text. In conventional transactions, written contracts usually memorialize the terms of the commercial exchange. For deals in which some of the goods being transferred and the forum for the trade are digitized—as in the case of cryptocurrencies—parties may use computer code rather than a written contract to…

By Steven Arrigg Koh. Full Text. Constitutional criminal procedural rights are familiar to contemporary criminal law scholars and practitioners alike. But today, U.S. criminal justice may diverge substantially from its centuries-old framework when all three branches recognize only a core set of inviolable rights, implicitly or explicitly discarding others. This criminal procedural line drawing takes…

By Greer Donley. Full Text. When parents learn that their potential child has a life-limiting, often devastating, prenatal diagnosis, they are faced with the first (and perhaps, only) healthcare decisions they will make for their child. Many choose to terminate the pregnancy because they believe it is in their potential child’s best interest to avoid…

By Tom Lininger. Full Text. This Article argues that a venerable rule of evidence—the attorney-client privilege—is due for reform. In particular, I propose the expansion of the crime-fraud exception to the attorney-client privilege. The exception presently only applies to crimes and civil frauds. I argue that the exception should extend to certain violations of civil…