Vol. 135 No. 5 Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights...
Vol. 135 No. 5 The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of...
Vol. 135 No. 4 Private markets for individual data have received significant and sustained attention in recent years. But data markets are not for the private sector alone....
Vol. 135 No. 3 Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find....
Vol. 135 No. 3 The most constitutionally divisive issues in the United States today often play out literally on the ground, in the realm of land use. For...
Vol. 135 No. 2 In recent years, legal scholars have advanced powerful critiques of mass incarceration. Academics have indicted America’s prison system for entrenching racism and exacerbating economic...
Vol. 135 No. 2 Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of...
Vol. 134 No. 8 The problems of policing extend beyond the street and into areas of our lives that are often hidden from view. This Article focuses on...
Vol. 134 No. 8 This Article exposes a profound and growing injustice that major technology companies have propagated through every level of the judiciary under the guise of...
