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The Hart-Scott-Rodino Act’s First Amendment Problem

The Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) is a centerpiece of federal antitrust law. Designed to aid enforcement of Clayton Act Section 7, which prohibits mergers and acquisitions that “may . . . substantially . . . lessen competition” or “tend to create a monopoly,” the statute requires purchasers of an issuer’s voting securities exceeding […]

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The Open Society and Its Digital Enemies: A Reply to Professors Bambauer and Garrett

Don’t let our title fool you. Jane Bambauer and Brandon Garrett are friends of an open society, not its enemies. In distinct and distinctly important ways, they have engaged and expounded upon our concept of digital innocence, and in so doing, they have emboldened us to find the courage of our convictions and indeed to […]

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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Critics of the felony-murder rule have long argued that the rule is outdated and unreasonable, and the Supreme Court since 1982 has interpreted the Eighth Amendment to limit use of the death penalty in felony-murder cases.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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