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Samuel Alito: Populist

In 2015, the tenth anniversary of Justice Samuel Alito’s ascension to the Court passed without the level of attention lavished on the same milestone reached that year by Chief Justice John Roberts.  The difference in attention is understandable: the Chief Justiceship has given John Roberts a level of public prominence and influence that his counterparts […]

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Singapore’s Constitutionalism: A Model, But of What Sort?

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Gobeille v. Liberty Mutual: An Opportunity to Correct the Problems of ERISA Preemption

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Human Trafficking and Film: How Popular Portrayals Influence Law and Public Perception

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Assumed Sane

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A Sustainable Music Industry For the 21st Century

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Two Economic Rationales for Felony Murder

Critics of the felony-murder rule have long argued that the rule is outdated and unreasonable, and the Supreme Court since 1982 has interpreted the Eighth Amendment to limit use of the death penalty in felony-murder cases. I present here two economic rationales for the felony-murder rule and show how the Court’s interpretation of the Eighth […]

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Institutional Competence and Civil Rules Interpretation

 

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Jurisdiction and Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied

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Securitization and Post-Crisis Financial Regulation

There are few types of securities as internationally traded as those issued in securitization (also spelled securitisation) transactions. The post-financial crisis regulatory responses to securitization in the United States and Europe are, at least in part, political and ad hoc. To achieve a more systematic regulatory framework, this Essay examines how existing regulation should be […]

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