The Lawyer As Accomplice: Cannabis, Uber, Airbnb, and the Ethics of Advising “Disruptive” Businesses
By Charles M. Yablon. Full Text. This Article examines the legal and ethical problems of corporate lawyers who advise businesses that operate just beyond the edge of legality. These include manufacturers and sellers of cannabis products (a felony under federal law, even if ostensibly permitted by state statutes) as well as a substantial number of…
Continue ReadingNote: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA
By Aaron Stenz. Full Text. The First Amendment broadly stands for the idea that government attempts to curtail the right of the American people to both speak and not speak should be viewed with the utmost skepticism. In the context of compelled commercial speech, however, that scrutiny is lessened. Zaudererv. Office of Disciplinary Counsel of…
Continue ReadingNote: Incognito Mode Is in the Constitution
By Travis Panneck. Full Text. How much should the government be able to learn about an internet user without probable cause? Following the third-party doctrine, courts have held that internet users have no reasonable expectation of privacy in information “turned over” to internet service providers through ordinary use of the internet. Through minimal compulsory process,…
Continue ReadingRegulation in Transition
By Bethany A. Davis Noll and Richard L. Revesz. Full Text. Presidents have long sought to roll back their predecessors’ regulatory policies. They have typically relied on efforts to repeal regulations and to withdraw unpublished or non-final regulations pursuant to “stop-work” orders directed at agency heads. President Trump is no exception. But rather than stick…
Continue ReadingNote: A Monumental Task: How Should Courts Review Challenges to Presidential Actions Taken Pursuant to the Antiquities Act?
By Bryan Mette. Full Text. The Antiquities Act of 1906 authorizes the President to designate national monuments on federally owned lands. Administrations have employed this authority to create approximately 160 national monuments. In December 2017, President Trump raised the ire of national monument proponents when he drastically reduced the size of Grand Staircase-Escalante and Bears…
Continue ReadingContracting for Fourth Amendment Privacy Online
By Wayne A. Logan and Jake Linford. Full Text. For decades, the Supreme Court has applied what is known as the third-party doctrine, which allows police, acting without a warrant, to secure information that an individual has voluntarily revealed to others. Scholars have long criticized the doctrine and it only narrowly escaped its formal demise…
Continue ReadingSolving Banking’s “Too Big To Manage” Problem
By Jeremy C. Kress. Full Text. The United States’ banking system has a problem: some financial conglomerates are so vast and complex that their executives, directors, and shareholders cannot oversee them effectively. Recognizing this “too big to manage” (TBTM) dilemma, both major political parties have endorsed breaking up the banks, and bipartisan coalitions in Congress…
Continue ReadingRestructuring Rebuttal of the Marital Presumption for the Modern Era
By Jessica Feinberg. Full Text. The longstanding marital presumption of paternity, under which a husband is presumed to be the legal father of any child born to or conceived by his wife during the marriage, has reached a critical juncture. Pursuant to the Supreme Court’s mandate that states provide marriage to same-sex couples on the…
Continue ReadingCommunity in Property: Lessons from Tiny Homes Villages
By Lisa T. Alexander. Full Text. The evolving role of community in property law remains undertheorized. While legal scholars have analyzed the commons, common interest communities, and aspects of the sharing economy, the recent rise of intentional co-housing communities remains relatively understudied. This Article analyzes tiny homes villages for unhoused people in the United States,…
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