How a New Standard of Care Can Make Social Media Companies Better “Good Samaritans”
By Jenna Hensel. Full Text. Social media companies enjoy a broad scope of protection from liability due to Section 230 of the Communications Decency Act. Section 230 of the Communications Decency Act offers social media companies two prominent protections: (1) protection from liability for user content posted on their websites because social media companies “cannot…
Continue ReadingImagining the Progressive Prosecutor
By Benjamin Levin. Full Text. As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutor.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold…
Continue ReadingRandom Selection for Scaling Standards
By Michael Abramowicz. Full Text. Governments distributing funds among many claimants often fail to ensure that those similarly situated are treated similarly. This Article proposes a novel solution that would reduce both adjudication costs and adverse effects of idiosyncratic decisionmaking. Claimants to a fund would sell their claims to intermediaries, and a small number of…
Continue ReadingPresidential Law
By Shalev Roisman. Full Text. We know a great deal about how agencies exercise power. They use notice-and-comment procedures to create rules and trial-like adjudication when applying law to individuals. This is the field of administrative law. But what of the President? Like agencies, the President issues law-like rules, adjudicates whether individuals have violated applicable…
Continue ReadingThe Paradox of Exclusive State-Court Jurisdiction Over Federal Claims
By Thomas B. Bennett. Full Text. Standing doctrine is supposed to ensure the separation of powers and an adversary process of adjudication. But recently, it has begun serving a new and unintended purpose: transferring federal claims from federal to state court. Paradoxically, current standing doctrine assigns a growing class of federal claims to the exclusive…
Continue ReadingThe Paradox of Exclusive State-Court Jurisdiction Over Federal Claims
By Thomas B. Bennett. Full Text. Standing doctrine is supposed to ensure the separation of powers and an adversary process of adjudication. But recently, it has begun serving a new and unintended purpose: transferring federal claims from federal to state court. Paradoxically, current standing doctrine assigns a growing class of federal claims to the exclusive…
Continue ReadingFacial Recognition and the Fourth Amendment
By Andrew Guthrie Ferguson. Full Text. Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo or identifying every person who walks past a digital camera, the…
Continue ReadingSiting Natural Gas Pipelines Post-PennEast: The New Power of State-Held Conservation Easements
By Zach Wright. Full Text. The Natural Gas Act (NGA) governs the siting of interstate natural gas pipelines. There is not a federal body that sites pipelines—instead, the NGA delegates federal eminent domain to private actors to site pipelines through a certificate of need. Private actors have condemned private and state land to site pipelines…
Continue ReadingThe Critical Need for State Regulation of Assisted Living Facilities: Defining “Critical Incidents,” Implementing Staff Training, and Requiring Disclosure of Facility Data
By Lexi Pitz. Full Text. Assisted living facilities are wildly popular among elderly Americans. This trend is expected to persist due to increasing life expectancy, an aging baby boomer population, and the growing preference for assisted living facilities over nursing homes. Despite their growing popularity, the assisted living industry remains alarmingly underregulated at both the…
Continue ReadingStanding Up to Bad Patents: Allowing Non-Infringing Direct Competitors to Satisfy the Article III Standing Requirements Appealing an Adverse Inter Partes Review Decision to the Federal Circuit
By Ryan Fitzgerald. Full Text. In 2011, through the America Invents Act, Congress created a new administrative procedure, inter partes review (IPR), to allow third parties to challenge issued patents before the Patent Trial and Appeal Board (PTAB). It did so in recognition “that questionable patents [were] too easily obtained and [were] too difficult to…
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