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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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Originalism as Faith

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The Untold EpiPen Story: How Mylan Hiked Prices by Blocking Rivals

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From Hospitals to Prisons: A New Explanation

Deinstitutionalization from state mental hospitals was largely over by 1980, but the percentage of prisoners with mental illness did not begin to skyrocket until 1990. The leading theories for the criminalization of mental illness cannot fully explain this gap. This Essay offers a new theory: the Supreme Court in 1990 reduced the costs of incarcerating […]

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Toward a Civilized System of Justice: Re-conceptualizing the Response to Sexual Violence in Higher Education

The reporting, investigation, and prevention of sexual violence in settings that are closed off from the greater community and subject to their own laws, rules, norms and biases present special challenges for survivors of sexual violence.  This essay builds on our existing scholarship that explores the pervasive problem and exceedingly high incidence of sexual violence […]

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Big Data and Due Process

Today, electronic footprints may follow us wherever we go. Electronic traces, left through a smartphone or other device, can be tracked to the scene of a crime, or they can place a person far from a crime scene. Those traces can sometimes be tracked far more reliably than the types of trace evidence traditionally examined […]

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Collection Anxiety

DNA is not the only path to exoneration. Some of the wrongfully accused exculpate themselves using video recordings, transaction records, and other digital information. Given the gluttonous data collection practices of our government, these exoneration stories should be much more frequent than they are. Digital Innocence by Joshua A.T. Fairfield and Erik Luna puts forward […]

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Habeas Corpus Standing Alone: A Reply to Lee B. Kovarsky and Stephen I. Vladeck

The differences between habeas corpus and due process are important. The Due Process Clause, among other things, regulates the procedures that the government must use before it detains a person and holds the person in custody. But the Suspension Clause safeguards a more elemental habeas privilege. That is, under the Suspension Clause, the judge examines […]

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Reform or Abolition? A Comment on Colleen V. Chien & Mark A. Lemley, Patent Holdup, the ITC, and the Public Interest

Colleen Chien and Mark Lemley’s paper, Patent Holdup, the ITC, and the Public Interest, proposes three principal reforms to the manner in which the International Trade Commission (hereinafter, the “ITC” or “the Commission”) should exercise its discretion in awarding exclusion orders against the importation of patent-infringing goods: first, the ITC should sometimes soften the impact […]

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