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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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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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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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Are Anti-Bullying Laws Effective?

Since 2010, when several high-profile bullying-related suicides brought bullying and cyberharassment into the national consciousness, all fifty states have passed laws that address bullying among the nation’s youth.  This Essay is the first in a series of three projects on federal, state, municipal, and individual school approaches to bullying.  There are only four published studies […]

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

To read the complete Response, click “VIEW PDF” below.

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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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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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