Blog

May 03rd, 2019 | Online Edition

The Privilege Against Cellphone Incrimination

  The standard approach to the problem of compelled decryption of cellphones has been to treat cellphones like glorified lockboxes. The contents are assumed to be the equivalent of private papers, leaving only the passcode subject to dispute. Orin Kerr has helpfully labeled this dichotomy as the “treasure” versus the “key.”[1] Much of the debate […]

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April 04th, 2019 | Online Edition

What Am I Really Saying When I Open My Smartphone? A Response to Orin S. Kerr

In his article, Compelled Decryption and the Privilege Against Self-Incrimination,[1] Orin S. Kerr addresses a common question confronting courts: if a court orders a suspect or defendant to enter her password to open a smartphone or other device as part of a law-enforcement investigation, does that order violate the Fifth Amendment right against self-incrimination? The […]

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April 02nd, 2019 | Online Edition

FEMA for Finance

“[I]t is a question of when, not if, a large-scale attack succeeds.”[1] “The government cannot credibly commit to a no-bailout policy.”[2] Modern financial systems are inherently vulnerable. The conversion of savings into investment—a basic function of finance—involves substantial risk. Lenders often demand liquid, short-term, low-risk assets, and borrowers typically wish to finance projects that take […]

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March 12th, 2019 | Online Edition

Steering White-Collar Enforcement

On one level, Miriam Baer’s fascinating article, Sorting Out White-Collar Crime,[2] is a paper about why and how Congress ought to statutorily distinguish lower-level federal fraud offenses. On another, it raises a broader question: how should federal criminal justice institutions acknowledge and respond to a latent feature of federal fraud enforcement, namely, the divergence between […]

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December 23rd, 2018 | Online Edition

Torturing Without a Parachute

Introduction In his Texas Law Review article Toward a Science of Torture? Professor Bloche addresses an important question. Along the way he makes many valuable points about the nature, study, and effects of torture generally and the CIA’s interrogational torture program in particular. In short, we agree on a great deal with the author. We […]

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October 17th, 2018 | Online Edition

Having It Both Ways

Introduction As titles go, “International Law in the Post-Human Rights Era” is a pretty catchy one.[1] I am not sure, however, that the claim, in its breadth of ambition, can be robustly sustained, or that it would not be more correct (although less catchy) to simply speak of “the limited impact of human rights on […]

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May 18th, 2018 | Online Edition

A Long-Standing Debate

I jumped at the opportunity to respond to Risk and Anxiety: A Theory of Data Breach Harms[1] by two of the leading lights of privacy law. I find I am hard-pressed to name two scholars who have had a greater influence on the arc of contemporary privacy law than Daniel Solove and Danielle Keats Citron. […]

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May 18th, 2018 | Online Edition

Feminism and the Tournament

Introduction Naomi Bishop, the protagonist of the 2016 film Equity, is the rare “she-wolf of Wall Street.”[1] At the beginning of the film, Bishop appears on a panel at an alumni event. She explains her career choices to the young women in the audience as follows: I like money. I do. I like numbers. I […]

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February 21st, 2018 | Online Edition

The Culture of CEO Pay

CEO compensation is a perennial issue, and understandably so, particularly in light of how much CEOs are paid in both absolute and relative terms and given the corporate scandals that make front-page news.[1] How do we explain CEO pay? There are essentially two different narratives. Under the managerial power theory, the CEO has enormous influence […]

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February 20th, 2018 | Online Edition

Prostitution/Human Trafficking Courts

Introduction Amy Cohen’s genealogy examines Manhattan’s early 20th century Women’s Court, Midtown Community Court of the 1990s, and more recent Human Trafficking Intervention Courts that began operating in 2013.[1] The latter two courts are part of the modern problem-solving court movement, which seeks to address “root causes” through therapeutic means.[2] Some see this as one […]

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January 13th, 2018 | Online Edition

Fetal Rights in the Trump Era

The future of reproductive justice during the Trump era feels bleak to many of us who have been thinking, teaching, writing, lobbying, and agitating about issues related to contraception, abortion, childbirth choices, and parenting rights for years. Were the Supreme Court to reject constitutional protection for a woman’s right to terminate a pregnancy, that decision […]

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January 13th, 2018 | Online Edition

Potential Life In The Doctrine

In their article, Abortion: A Woman’s Private Choice,[1] Erwin Chemerinsky and Michele Goodwin seek to shore up the doctrinal basis for a woman’s constitutional right to end her pregnancy. While Chemerinsky and Goodwin are partly concerned about the status of abortion rights in the United States because of President Donald Trump’s promise prior to taking […]

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January 13th, 2018 | Online Edition

Abortion in a Post-Truth Moment

Through Obamacare, the current Administration has promoted the notion of abortion as healthcare. We, however, affirm the dignity of women by protecting the sanctity of human life. Numerous studies have shown that abortion endangers the health and well-being of women, and we stand firmly against it. GOP Platform, 2016.[1] In Abortion: A Woman’s Private Choice,[2] […]

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January 25th, 2017 | Online Edition

The Story of Land

Professor Mulligan responds to Professor Cohen’s recent article Property as Institutions for Resources, proffering her own argument regarding the role that property law has to play in resource-governance law. PDF

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