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

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What Juries Really Think: Practical Guidance for Trial Lawyers

What do juries really think about lawyers? What makes jurors tick? What do lawyers do that irritates jurors? What can lawyers do better in the courtroom from the jury’s perspective? These are the questions at the heart of this article, which provides useful insight gleaned from more than 500 jurors who served in federal district court […]

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Critics of the felony-murder rule have long argued that the rule is outdated and unreasonable, and the Supreme Court since 1982 has interpreted the Eighth Amendment to limit use of the death penalty in felony-murder cases.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

Recent allegations of police officers using excessive force against people of color have received considerable attention in the media. Yet such incidents have largely stalled in the legal system. With a few notable exceptions, neither criminal nor civil proceedings, at either the federal or state level, have provided recourse for those injured by the police […]

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