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  Subjects -> LAW (Total: 1478 journals)
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LAW (885 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
(En)clave Comahue. Revista Patagónica de Estudios Sociales     Open Access  
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 2)
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 45)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
AfP : Zeitschrift für das gesamte Medienrecht / Archiv für Presserecht     Hybrid Journal  
African Journal on Conflict Resolution     Open Access   (Followers: 23)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access   (Followers: 1)
Ahkam : Jurnal Ilmu Syariah     Open Access   (Followers: 1)
Air and Space Law     Full-text available via subscription   (Followers: 22)
Akron Law Review     Open Access   (Followers: 5)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 10)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 5)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 58)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 11)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 6)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 4)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 3)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 12)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
ASEAN Journal of Legal Studies     Open Access  
Asia Pacific Law Review     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access   (Followers: 1)
Atti della Accademia Peloritana dei Pericolanti - Classe di Scienze Giuridiche, Economiche e Politiche     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 10)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 13)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 4)
Badamai Law Journal     Open Access   (Followers: 2)
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 8)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 28)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 14)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Boletín Instituto de Derecho Ambiental y de los Recursos Naturales     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 8)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 4)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cahiers Droit, Sciences & Technologies     Open Access   (Followers: 1)
California Law Review     Open Access   (Followers: 21)
California Western Law Review     Open Access   (Followers: 4)
Cambridge Law Journal     Hybrid Journal   (Followers: 202)
Cambridge Yearbook of European Legal Studies     Full-text available via subscription  
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 11)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 5)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
CMU Journal of Law and Social Sciences     Open Access   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 11)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 20)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 41)
Comparative Legal History     Hybrid Journal   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 44)
Conflict Trends     Full-text available via subscription   (Followers: 13)
Cornell Law Review     Open Access   (Followers: 13)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 5)
DePaul Law Review     Open Access   (Followers: 3)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Deusto Journal of Human Rights     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access   (Followers: 1)
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription   (Followers: 3)
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 21)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Economics and Law     Open Access   (Followers: 1)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 14)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 21)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 14)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)

        1 2 3 4 5 | Last

Similar Journals
Journal Cover
Boston College Law Review
Number of Followers: 16  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0161-6587
Published by Boston College Homepage  [8 journals]
  • Shielding the "Enemy of the People": Protecting the Reporter's
           Privilege in the Age of Social Media

    • Authors: Ezra D. Dunkle-Polier
      Abstract: President Donald Trump and his surrogates regularly belittle media outlets that publish articles critical of the administration. Arguably, no newsgathering practice has undergone more scrutiny from the Trump Administration than the use of unnamed sources. During this time, journalists must understand the extent to which the law will protect their reporting and their valuable anonymous sources. Almost forty years ago, the United States Supreme Court held in Branzburg v. Hayes, in 1972 that a general federal reporter’s privilege does not exist. Robust reporter shield laws exist in individual states, but these privileges largely lag behind the digital media revolution. When a large percentage of Americans digest news through social media resources like Facebook and Twitter, how can they distinguish between a journalist worthy of protection and an ordinary Facebook friend or Twitter follower' This Note tracks the history of anonymous reporting, discusses the development of the reporter’s privilege, and considers how to ensure protections for modern journalists. This Note argues that to best protect digital journalists and social media users, Congress should enact a federal reporter’s shield that protects journalistic acts, explicitly includes digital media, and requires an intent to disseminate information to the public.
      PubDate: Mon, 02 Dec 2019 13:10:05 PST
       
  • A Girl's Right to Bare Arms: An Equal Protection Analysis of
           Public-School Dress Codes

    • Authors: Jillian R. Friedmann
      Abstract: Public schools throughout the country have faced heavy criticism for instituting dress codes that many perceive to be targeting girls and imposing overly restrictive requirements on their attire. Critics of public-school dress codes often take particular issue with the notion that restrictive dress codes are necessary to prevent classroom distractions. Because public schools are state actors, they must comply with constitutional requirements. Thus, when schools impose different rules on the basis of gender, those rules must comply with the Equal Protection Clause of the U.S. Constitution. This clause mandates that the government offer an exceedingly persuasive justification for any sex-based classification. Moreover, the justification offered by the school must be genuine and may not rely on nor perpetuate gender-based stereotypes. Courts have generally accepted schools’ arguments that their dress codes served the interests of student health and safety, preventing classroom distraction, and instilling morals and discipline. This Note evaluates the application of the Equal Protection Clause to public-school dress codes, explores the various school justifications that have been deemed acceptable, and argues that, under the standard set forth in Equal Protection jurisprudence, a school’s desire to prevent classroom distraction may no longer be an acceptable defense absent authentic evidence of its necessity.
      PubDate: Mon, 02 Dec 2019 13:10:01 PST
       
  • Charges to be Declined: Legal Challenges and Policy Debates Surrounding
           Non-Prosecution Initiatives in Massachusetts

    • Authors: John E. Foster
      Abstract: The election of “progressive prosecutors” introduces new objectives and tools into the traditional “tough on crime” playbook of local prosecution. Newly-elected District Attorney Rachael Rollins of Suffolk County, Massachusetts has proposed one such tool: non-prosecution of certain criminal laws, chiefly non-violent misdemeanors. This Note explores the likelihood of success of legal challenges to categorical non-prosecution, primarily whether non-prosecution unconstitutionally violates the separation of powers. This Note considers whether non-prosecution implicates the rights of victims and notions of justice as a public or private domain. It also analyzes the merits of non-prosecution as a policy. Some critics challenge the ability of progressive prosecutors to change the criminal justice system from the inside, while others claim that non-prosecution of so-called quality-of-life crimes damages communities rather than enriching them. Alternatively, those supportive of reform herald non-prosecution as a means of allowing local communities to influence the conduct of law enforcement, arguing that petty crime reflects public health failures that should be resolved by social services instead of jail-time. As novel as it is controversial, the proposed non-prosecution policy deserves close attention from legal scholars and criminal reform advocates.
      PubDate: Mon, 02 Dec 2019 13:09:57 PST
       
  • Where One Marketplace Closes, (Hopefully) Another Won't Open: In
           Defense of FOSTA

    • Authors: Abigail W. Balfour
      Abstract: Since federal law first acknowledged the crime of sex trafficking in 2000, the internet has exploded—and sex traffickers have taken note. Traffickers have gained a platform to sell their victims to a much larger audience and with greater ease. Posting victims’ advertisements online allows traffickers to drastically expand their customer base beyond the traditional street corner. Despite congressional attempts to criminalize sex traffickers and their beneficiaries since 2000, the internet persists as an effective conduit for sex traffickers to find customers. In 2018, Congress sought to remedy this by passing legislation that expanded criminal and civil liability to websites that knowingly participate in sex trafficking by hosting sex trafficking advertisements. In part, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) amends a law that was widely understood to provide websites with total immunity from claims arising out of third-party content. Concerned with the potential for criminal prosecutions, internet service providers criticize FOSTA as an infringement on their First Amendment right to free speech. They argue that the law forces them to censor third-party users’ content and that it improperly extends to legal speech. The First Amendment generally does not restrict the content of speech, however, and its protections do not extend to speech that solicits crime. This Note will argue that FOSTA does not violate the First Amendment and is constitutionally sound at its core because sex traffickers’ advertisements solicit crime.
      PubDate: Mon, 02 Dec 2019 13:09:53 PST
       
  • The General Knowledge, Skill, and Experience Paradox

    • Authors: Camilla A. Hrdy
      Abstract: Can employers use trade secret law to prevent employees from using knowledge and skills they acquired on the job' Courts in all fifty states say no—an employee’s general knowledge, skill, and experience cannot be protected as a trade secret. Yet a benchmark principle of trade secret law is that employers can share trade secrets with employees so long as they take reasonable measures to preserve the information’s secrecy. The result is a paradox that runs to the heart of trade secret law: employers are encouraged to communicate trade secrets to employees, but this information loses protection if it becomes part of those employees’ unprotectable general knowledge, skill, and experience. This Article traces the roots of this doctrine in the common law and shows how it has been incorporated, though never actually codified, in statutes, including the Defend Trade Secrets Act of 2016. As originally construed, the general knowledge, skill and experience exclusion was intended to preserve an employee’s right to improve her skills on the job and thereafter transfer those skills to a different job or business endeavor. Trade secret law was thus interpreted not to encompass information that an employee needed in order to continue working in her profession. This Article reveals that, despite longstanding recognition of the doctrine, courts today misapply and misunderstand it. Rather than separately assessing whether claimed trade secrets constitute an employee’s unprotectable general knowledge, skill, and experience, many courts simply assess whether the information is generally known to others outside the company or was previously known to the employee before she took the job—and stop there. Courts therefore miss the category of information that, while technically secret to a company, is nonetheless unprotectable. Such oversights stymie the development of trade secret law and have potentially devastating effects for employee-defendants, who may be prevented from taking a new job even when they have not signed a noncompetition agreement.
      PubDate: Mon, 02 Dec 2019 13:09:49 PST
       
  • Owning Geronimo but not Elmer McCurdy: The Unique Property Status of
           Native American Remains

    • Authors: Alix Rogers
      Abstract: This Article unifies two areas of legal scholarship that have not historically intersected. In the fields of biotechnology and the law, it is generally understood that human remains and many body parts are not objects of legal property. This general rule has a startling exception, which heretofore has gone unnoticed in the literature and relevant case law. The bodily remains of Native Americans were, and I argue, continue to be, objects of legal property. With the passage of the Native American Graves Protection and Repatriation Act of 1990 (“NAGPRA”) Native American remains are classified as familial and tribal property. In Native American legal scholarship the distinction and significance of property status under NAGPRA has been overlooked. The perpetuation of property status is surprising given that NAGPRA was passed to address the systematic disrespect for Native American burial grounds and commercialization of Native American remains. Property status is all the more striking and important because some federal circuits have also interpreted NAGPRA to apply to contemporary individuals with Native American ancestry. With the rise of genetic testing technologies, application of this property rule takes on some surprising implications. At first glance, we might condemn the property status of Native American remains as continued evidence of dehumanization. Property is traditionally associated with rights of alienability, exclusion, commensurability, and commodification. The understanding of property in Native American human remains advocated for in this paper challenges classic property constructs of wealth-maximization and an individually centered right of exclusion. Instead, after reconsidering the paradigm of property, I argue that the communal property approach embodied by the Act enables Native Americans to protect their dead more effectively than any other American group. NAGPRA, therefore, represents an intriguing pathway for human biological materials regulation reform beyond Native American remains.
      PubDate: Mon, 02 Dec 2019 13:09:46 PST
       
  • A New Deal for Debtors: Providing Procedural Justice in Consumer
           Bankruptcy

    • Authors: Pamela Foohey
      Abstract: Across the criminal and civil justice systems, research regarding procedural justice shows that people’s positive perceptions of legal processes are fundamental to the legal system’s effectiveness and to the rule of law. Approximately one million people file bankruptcy every year, making the consumer bankruptcy system the part of the federal court system with which the public most often comes into contact. Given the importance of bankruptcy to American families and the credit economy, there should exist a rich literature theorizing and investigating how people’s perceptions of consumer bankruptcy’s procedures advance the system’s goals. Instead, bankruptcy’s procedures have received strikingly little scholarly attention. This Article begins to fill this significant gap by combining procedural justice and related research with what is known about the people who file bankruptcy to craft a theory of consumer bankruptcy’s procedural deficiencies. If consumer bankruptcy is procedurally bankrupt, as this Article posits, then the “fresh start” delivered to struggling households is not nearly as fresh as presumed, hampering people’s return to their communities and to the credit economy. As such, this Article proposes two sets of changes to the consumer bankruptcy process—one modest and one more drastic. Both of these new deals for debtors promise to enhance people’s perceptions of bankruptcy’s procedural justice and thereby the legitimacy of the system.
      PubDate: Mon, 02 Dec 2019 13:09:42 PST
       
  • The Duty to Read the Unreadable

    • Authors: Uri Benoliel et al.
      Abstract: The duty to read doctrine is a well-recognized building block of U.S. contract law. This doctrine holds contracting parties responsible for the written terms of their contracts, whether or not they actually read them. The application of this duty is especially tricky in the context of consumer contracts, which consumers generally do not read. Although courts routinely impose this doctrine on consumers, its application to consumer contracts is one-sided. Whereas consumers are expected and presumed to read their contracts, suppliers do not generally have a duty to draft readable contracts. This asymmetry creates a serious public policy challenge: consumers might be expected to read contracts that are, in fact, rather unreadable. This, in turn, undermines market efficiency and raises fairness concerns. Numerous scholars have suggested that consumer contracts are indeed written in a way that dissuades consumers from reading them. This Article aims to test empirically whether this concern is justified. The Article focuses on the readability of an important and prevalent type of consumer agreement: the sign-in-wrap contract. Consumers routinely accept such contracts, which have already been the focal point of many legal battles, when signing up for popular websites such as Facebook, Amazon, Uber, and Airbnb. The Article applies well-established linguistic readability tests to the five hundred most popular websites in the United States that use sign-in-wrap agreements. The results of this Article indicate, among other things, that the average readability level of these agreements is comparable to the usual score of articles in academic journals, which typically do not target the general public. These disturbing empirical findings hence have significant implications on the design of consumer contract law.
      PubDate: Mon, 02 Dec 2019 13:09:38 PST
       
  • Tenure Revisited

    • Authors: Margit Livingston
      Abstract: This essay explores the timeless issue of whether law professors should be entitled to unrestricted tenure. Tenure for all academics, including legal ones, has been controversial since its inception. Supporters of tenure assert that it is the only effective guarantee of academic freedom. Without it, professors could—and would—be discharged for espousing unpopular opinions and theories. On the other hand, lifetime tenure for academics can breed mediocrity, complacency, and even resentment. My essay argues that tenure for law professors should be retained in a modified form. I examine three fictional case studies that illustrate the pitfalls of tenure. I then propose that although law professors should be eligible for tenure after the normal probationary period, law schools should institute a system of rigorous post-tenure review and explore other solutions as well. My proposals, I hope, retain most of the benefits of tenure while chipping away at its shortcomings, which often operate to the detriment of law students.
      PubDate: Tue, 19 Nov 2019 10:04:36 PST
       
  • Collect Call for Clarification: How Carpenter Has (and Has Not) Changed
           Modern Fourth Amendment Jurisprudence

    • Authors: Samuel D. Thomas
      Abstract: Since the 1800s, the United States Supreme Court has struggled to define the limits of the Fourth Amendment and adapt the scope of its protection to advances in technology. The new ways we use technology to interact, and the role such technology plays in society, create unique questions that judicial precedent based on old technology has trouble answering. Most recently, cell phones and mobile applications have changed the way millions of Americans communicate with each other, and access and store information. For years the government accessed this shared information through subpoenas without triggering the Fourth Amendment’s protection from unwarranted searches and seizures. This was justified under the third-party doctrine—when an individual shares information with a third party they lose their expectation of privacy to it, and, thus, Fourth Amendment protection. In Carpenter v. United States, the Supreme Court qualified this analysis, and held that despite the information being shared with a third party, an individual maintains an expectation of privacy to their cell site location information, a pervasive and historical record of personal whereabouts derived from cell phone communication with cell towers. The Supreme Court’s narrow decision leaves questions about what other types of data may be protected. This Note argues that the implicit logic found in the history of the Fourth Amendment and its jurisprudence suggests that the Fourth Amendment will continue to protect pervasive means for exercising other rights secured in the Constitution.
      PubDate: Thu, 31 Oct 2019 14:24:02 PDT
       
  • Breaking Up Is Hard to Do: Why American Banks Remain Too Big to Fail

    • Authors: Logan D. Hovie
      Abstract: The 2008 Financial Crisis pushed the American economy to the brink of disaster. Fearing Great Depression-like consequences, the federal government bailed out several banks deemed “too big to fail.” During the ensuing period of reform there were frequent calls to assure that taxpayers would never again be on the hook to save an institution because of the risk its size posed to the nation’s economic health. The Dodd-Frank Act of 2010 promised to end this “too big to fail” phenomenon and increased regulatory requirements for banks. Still, in the decade after the crisis, America’s biggest banks have only grown larger. This Note highlights that concerns about the size and power of financial institutions are a recurring theme in American history and argues that our current options to force the divestiture of banks are inadequate to ensure that no bank is “too big to fail.”
      PubDate: Thu, 31 Oct 2019 14:23:51 PDT
       
  • Making Domestic Violence Private Again: Referral Authority and Rights
           Rollback in Matter of A-B-

    • Authors: Caroline Holliday
      Abstract: In the 1960s and 1970s, the women’s movement brought the issue of domestic violence to the forefront of American consciousness. In the decades to follow, the United States expressed a commitment to protecting victims of domestic violence through legislation and reform that reframed the issue as a matter of state concern, rather than merely a private dispute. U.S. asylum law, in contrast, has failed to express a parallel commitment to protecting domestic violence victims. In 2018, in Matter of A-B-, then-acting Attorney General Jeff Sessions invoked his referral authority to overturn precedent from 2014 that recognized domestic violence as an asylum-worthy form of persecution. In the process, A.G. Sessions characterized domestic violence as a private injury, rather than a public harm. This Note examines the scope of that decision and argues that the current lack of substantive asylum protections, combined with the Attorney General’s unrestricted referral authority, leaves domestic violence victims seeking asylum particularly vulnerable. Further, this Note proposes procedural reform to curb the Attorney General’s referral authority and promote a more fair and participatory system for asylum adjudication.
      PubDate: Thu, 31 Oct 2019 14:23:41 PDT
       
  • Free, Hateful, and Posted: Rethinking First Amendment Protection of Hate
           Speech in a Social Media World

    • Authors: Lauren E. Beausoleil
      Abstract: Speech is meant to be heard, and social media allows for exaggeration of that fact by providing a powerful means of dissemination of speech while also distorting one’s perception of the reach and acceptance of that speech. Engagement in online “hate speech” can interact with the unique characteristics of the Internet to influence users’ psychological processing in ways that promote violence and reinforce hateful sentiments. Because hate speech does not squarely fall within any of the categories excluded from First Amendment protection, the United States’ stance on hate speech is unique in that it protects it. This Note argues that the harms of hate speech, when combined with the psychological impacts of social media on users, require us to accept that existing First Amendment doctrine simply is unable to accommodate the new modes of communications afforded by cyberspace and to amend the doctrine accordingly.
      PubDate: Thu, 31 Oct 2019 14:23:30 PDT
       
  • Limiting Identity in Criminal Law

    • Authors: Mihailis E. Diamantis
      Abstract: People change with time. Personalities, values, and preferences shift incrementally as people accrue life experience, discover new sources of meaning, and form or lose memories. Eventually, accumulated psychological changes not only reshape how someone relates to the world about her, but also who she is as a person. This transience of human identity has profound implications for criminal law. Previous legal scholarship on personal identity has assumed that only abrupt tragedy and disease can change who we are. Psychologists, however, now know that the ordinary processes of growth, maturation, and decline alter us all in fundamental respects. Many young adults find it hard to identify with their adolescent past. Senior citizens often reflect similarly on their middle years. However tightly we hold on to the people we are today, at some tomorrow we inevitably find ourselves changed.Criminal justice has not come to grips with this aspect of the human condition. The law—by imposing lengthy sentences, allowing enduring consequences of conviction, and punishing long bygone violations—assumes that people’s identities remain fixed from birth to death. If people do change with time, these policies must violate criminal law’s most basic commitment to prosecute and punish present-day people only for crimes they (and not some different past person) committed.Drawing on contemporary psychology and philosophy of personal identity, this Article concludes that criminal law punishes too often and too severely. Lengthy prison terms risk incarcerating people past the point at which their identity changes. Elderly inmates who have languished on death row for decades should have a new claim for release—that they are now different people, innocent of the misdeeds of yesteryear. One-time felons should recover lost civil rights sooner. And defendants should benefit from juvenile process well into their twenties, when personal identity first begins to stabilize. By confronting the challenges posed by the limits of personal identity, the criminal law can become more just and humane.
      PubDate: Thu, 31 Oct 2019 14:23:22 PDT
       
  • An Intellectual History of Mass Incarceration

    • Authors: Alice Ristroph
      Abstract: There is much criticism of America’s sprawling criminal system, but still insufficient understanding of how it has come to inflict its burdens on so many while seemingly accomplishing so little. This Article asks, as Americans built the carceral state, what were we thinking' The Article examines the ideas about criminal law that informed legal scholarship, legal pedagogy, and professional discourse during the expansion of criminal legal institutions in the second half of the twentieth century. In each of these contexts, criminal law was and still is thought to be fundamentally and categorically different from other forms of law in several respects. For example, criminal law is supposedly unique in its subject matter, uniquely determinate, and uniquely necessary to a society’s wellbeing. This Article shows how this set of ideas, which I call criminal law exceptionalism, has helped make mass incarceration possible and may now impede efforts to reduce the scope of criminal law. The aim here is not to denounce all claims that criminal law is distinct from other forms of law, but rather to scrutinize specific claims of exceptionalism in the hopes of better understanding criminal law and its discontents.
      PubDate: Thu, 31 Oct 2019 14:23:12 PDT
       
  • A Private Enforcement Remedy for Information Misuse

    • Authors: Peter C. Ormerod
      Abstract: Misuse of users’ personally identifiable information is persistent and pervasive. This Article addresses two questions: why is information misuse so common and so severe and how could domestic law change to make it less so' I use a simple model to illustrate that companies externalize information misuse costs onto users, which has two related but distinct effects: chronic underinvestment in information security and excessive retention of user data. I then seize on this observation to propose a specific legal vehicle at the heart of this Article—a private enforcement remedy. This private enforcement remedy has four essential features. First, the remedy must be created under state law. State law provides a viable alternative when federal courts have used the constitutional standing doctrine to express overt hostility to privacy harms. Second, the law should impose a fiduciary duty on entities that collect or retain users’ information. Structuring the remedy this way insulates it from attack by a weaponized First Amendment. Third, breach of an information fiduciary’s duty should be a strict liability tort. The arguments for strict liability in products liability cases apply with even greater force to informational harms. Fourth, the statute that creates this private enforcement remedy should prescribe a schedule that begins with nominal damages and attorney’s fees for strict liability, and it should increase monetary penalties with a defendant’s culpability. The remedy’s central purpose is to reshape incentives, so the damages schedule should not be unduly punitive or effect a windfall for plaintiffs’ attorneys.
      PubDate: Thu, 31 Oct 2019 14:23:03 PDT
       
  • The Shareholder Approval Conundrum

    • Authors: Franklin A. Gevurtz
      Abstract: This Article explores the conundrum resulting from the fact that shareholders almost invariably vote to approve corporate mergers and sales by overwhelming margins, while, at the same time, most larger mergers and sales trigger multiple lawsuits by shareholders claiming that directors breached their fiduciary duty to get the best price for the shareholders. The conventional explanation for this phenomenon is that attorneys are bringing meritless claims. Reflecting this view, the Delaware Supreme Court, in its pivotal Corwin decision, declared that an informed and uncoerced shareholder vote in favor of a merger should lead courts to be dismissive of claims that directors breached their fiduciary duty in making the deal. Yet, studies have found that corporate managers, in fact, often sacrifice getting the best deal for the shareholders in favor of deals that maintain the managers’ positions and enhance their compensation. This, in turn, suggests that the conventional wisdom is too facile and raises a deeper factual conundrum: Why would shareholders vote for deals that sacrifice their interests' This Article presents an answer to this question. It sets forth a model of decision making contrasting narrow binary decisions with nuanced or flexible decisions and shows how the narrow binary nature of shareholder votes explains the conundrum of shareholders approving deals that sacrifice their interest in getting the best price. Addressing the doctrinal impact of this answer, this Article sets out the unintended consequences, unanswered questions, and doctrinal anomalies plaguing Delaware law regarding shareholder approval following Corwin and shows how this Article’s central insight regarding shareholder approval paves the way to clear up these doctrinal problems.
      PubDate: Thu, 31 Oct 2019 14:22:54 PDT
       
  • An Irrevocably Tainted Opinion: Zen's Threat to Public
           Discourse

    • Authors: Andrew F. Popper
      Abstract: That agency decision-makers in enforcement actions must be objective, fair, and impartial is hardly debatable. It is equally obvious that a challenge to objectivity must be supported by actual evidence, not assumptions of prejudgment or bias. This essay criticizes Zen Magnets v. Consumer Product Safety Commission, a judicial review of an enforcement action that failed to follow the well-worn path that requires a presumption of honesty, integrity, and good faith when assessing the objectivity of administrative decisionmakers. The Zen court focused on one comment made by Consumer Product Safety Commission Chairman Robert Adler in a rulemaking, not even the enforcement action under review. That one comment, the court found, required a remand to the CPSC, nullified a product recall, and excluded Chairman Adler from further participation in that case. The decision may have put the public at risk by delaying any action by the CPSC on an allegedly dangerous product and denied Chairman Adler, a fair-minded and distinguished agency official, the right and responsibility to participate in an important case. Zen is predicated on an assumption of mistrust, the exact opposite assumption mandated by the Supreme Court. Were this approach to become the norm, it would chill the essential discourse between agency officials and the public, unnecessarily formalize agency process, and increase the likelihood of uninformed enforcement or regulation.
      PubDate: Fri, 11 Oct 2019 00:38:49 PDT
       
 
 
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