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Submissions from 2019

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Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity, and Definitive Interpretations, Clay Calvert

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Is Everything a Full-Blown First Amendment Case After Becerra and Janus? Sorting out Standards of Scrutiny and Untangling "Speech as Speech" Cases from Disputes Incidentally Affecting Expression, Clay Calvert

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Merging Offensive-Speech Cases with Viewpoint-Discrimination Principles: The Immediate Impact of Matal v. Tam on Two Strands of First Amendment Jurisprudence, Clay Calvert

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The FCC and Profane Language: The Lugubrious Legacy of a Moral Panic and a Grossly Offensive Definition that must be Jettisoned, Clay Calvert

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The First Amendment and Speech Urging Suicide: Lessons from the Case of Michelle Carter and the Need to Expand Brandenburg's Application, Clay Calvert

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Wither Zauderer, Blossom Heightened Scrutiny? How the Supreme Court’s 2018 Rulings in Becerra and Janus Exacerbate Problems with Compelled-Speech Jurisprudence, Clay Calvert

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Inefficiency of Specific Performance As a Contractual Remedy in Chinese Courts: An Empirical and Normative Analysis, Lei Chen and Larry A. DiMatteo

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The Armed Society and Its Friends: A Reckoning, Charles W. Collier

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Equality, Equity, and Dignity, Nancy E. Dowd

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Radical ACEs: Building Resilience and Triggering Structural Change, Nancy E. Dowd

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Introduction: Early Childhood Symposium - Early Childhood Matters, Nancy E. Dowd and Teresa Drake

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Discovery Hydraulics, Seth Katsuya Endo

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Terminology Matters: Dangers of Superficial Transplantation, Silvia Ferreri and Larry A. DiMatteo

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Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy, Alyson C. Flournoy, Thomas T. Ankersen, and Sasha Alvarenga

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Pleading Poverty in Federal Court, Andrew Hammond

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Fingerprints: An Impressionistic and Empirical Evaluation of Richard Posner’s Impact on Contract Law, Jeffrey L. Harrison

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Ohio v. American Express: Misunderstanding Two-Sided Platforms, the Charge Card 'Market,' and the Need for Procompetitive Justifications, Jeffrey L. Harrison

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Can GILTI + BEAT = GLOBE?, Mindy Herzfeld

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Roots of Revolution: The African National Congress and Gay Liberation in South Africa, Joseph S. Jackson

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The Climate Crisis Is a Human Security, Not a National Security, Issue, Maryam Jamshidi

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Reconceptualizing Criminal Justice Reform For Offenders With Serious Mental Illness, E. Lea Johnston

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Child Migrants and America’s Evolving Immigration Mission, Shani M. King

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Immigration, Adoption and Our National Identity, Shani M. King

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The National Flood Insurance Program at Fifty: How the Fifth Amendment Takings Doctrine Skews Federal Flood Policy, Christine A. Klein

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Corporate Charter Competition, Lynn M. LoPucki

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Continuity as the Key to Reform of Section 355, Charlene Luke

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Cops and Cars: How the Automobile Drove Fourth Amendment Law, Tracey Maclin

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Forgotten Limits on the Power to Amend State Constitutions, Jonathan L. Marshfield

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Institutional Investors As Short Sellers?, Peter Molk and Frank Partnoy

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Implicit Racial Bias and Students' Fourth Amendment Rights, Jason P. Nance

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“Essentially Black”: Legal Theory and the Morality of Conscious Racial Identity, Kenneth B. Nunn

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Parker v. Brown, the Eleventh Amendment, and Anticompetitive State Regulation, William H. Page and John E. Lopatka

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Snapshot of Trade Secret Developments, Elizabeth A. Rowe

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Oh, What a Truism the Tenth Amendment Is: State Sovereignty, Sovereign Immunity, and Individual Liberties, Sharon E. Rush

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Reinvigorating Criminal Antitrust?, D. Daniel Sokol

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A Statutory National Security President, Amy L. Stein

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Changing Faces: Morphed Child Pornography Images and the First Amendment, Stacey B. Steinberg

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The Stranger-to-the-Marriage Doctrine: Judicial Construction Issues Post-Obergefell, Lee-ford Tritt

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The Rise of Business Trusts in Sustainable Neo-Innovative Economies, Lee-ford Tritt and Ryan Scott Teschner

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A Common Law of Zoning, Michael Allan Wolf

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Comparative Warranty Law: Case of Planned Obsolescence, Stefan Wrbka and Larry A. DiMatteo

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A Requiem for Regulatory Takings: Reclaiming Eminent Domain for Constitutional Property Claims, Danaya C. Wright

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Disrupting the Wealth Gap Cycles: An Empirical Study of Testacy and Wealth, Danaya C. Wright

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'Great Variety of Relevant Conditions, Political, Social and Economic': The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V, Danaya C. Wright

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Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide, Danaya C. Wright and Stephanie Emrick

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A Knowledge Theory of Tacit Agreement, Wentong Zheng

Submissions from 2018

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Of Power and Process: Handling Harassers in an At-Will World, Rachel Arnow-Richman

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Equal Work, Stephanie Bornstein

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Why Examples? Towards More Behaviorally-Intelligent Regulation, Yariv Brauner

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Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications of the Supreme Court's 2017 Free-Speech Rulings, Clay Calvert

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First Amendment Envelope Pushers: Revisiting the Incitement-to-Violence Test with Messrs. Brandenburg, Trump, & Spencer, Clay Calvert

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Gag Clauses and the Right to Gripe: The Consumer Review Fairness Act of 2016 & State Efforts to Protect Online Reviews from Contractual Censorship, Clay Calvert

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Reconsidering Incitement, Tinker and The Heckler’s Veto on College Campuses: Richard Spencer and the Charlottesville Factor, Clay Calvert

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Defamation Per Se and Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, and Austin Vining

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Fake News and the First Amendment: Reconciling a Disconnect Between Theory and Doctrine, Clay Calvert, Stephanie McNeff, Austin Vining, and Sebastian Zarate

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Filtering Fake News through a Lens of Supreme Court Observations and Adages, Clay Calvert and Austin Vining

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Developing Communities of Dialogue, Jonathan R. Cohen

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Lawyers Serving Gods, Visible and Invisible, Jonathan R. Cohen

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Two Directions toward Ethical Peoplehood, Jonathan R. Cohen

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The New Law of the Child, Anne C. Dailey and Laura A. Rosenbury

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Unframing Legal Reasoning: A Cyclical Theory of Legal Evolution, Larry A. DiMatteo

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Trials by Peers: The Ebb and Flow of the Criminal Jury in France and Belgium, Claire M. Germain

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The Immigration-Welfare Nexus in a New Era?, Andrew Hammond

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Spite: Legal and Social Implications, Jeffrey L. Harrison

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What Did They Know and When Did They Know it? Pretesting as a Means Setting a Baseline for Assessing Learning Outcomes, Jeffrey L. Harrison

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Who Locked Us Up? Examining the Social Meaning of Black Punitiveness, Darren Lenard Hutchinson

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How the War on Terror Is Transforming Private U.S. Law, Maryam Jamshidi

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The Disenfranchisement of Ex-Felons in Florida: A Brief History, Sarah A. Lewis

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Symposium: Truth, Trust and the First Amendment in the Digital Age: Foreword: Whither the Fourth Estate?, Lyrissa Barnett Lidsky

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#I🔫U: Considering the Context of Online Threats, Lyrissa Barnett Lidsky and Linda Riedemann Norbutt

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The Open Mic, Unplugged: Challenges to Viewpoint-Based Constraints on Public-Comment Periods, Frank D. LoMonte and Clay Calvert

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A Rule-Based Method for Comparing Corporate Laws, Lynn M. LoPucki

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Byrd v United States: Unauthorized Drivers of Rental Cars Have Fourth Amendment Rights? Not as Evident as it Seems, Tracey Maclin

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Martin Luther King Jr. And Pretext Stops (and Arrests): Reflections on How Far We Have Not Come Fifty Years Later, Tracey Maclin and Maria Savarese

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The Amendment Effect, Jonathan L. Marshfield

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2018 Erwin N. Griswold Lecture Before the American College of Tax Counsel: Tax Policy Elegy, Martin J. McMahon Jr.

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Privacy Revisited: A Global Perspective on the Right to be Left Alone, Jon L. Mills

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More Ways to Protect LLC Owners and Preserve LLC Flexibility, Peter Molk

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Playing With Fire? Testing Moral Hazard in Homeowners Insurance Valued Policies, Peter Molk

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Protecting LLC Owners While Preserving LLC Flexibility, Peter Molk

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Decarbonizing Light-Duty Vehicles, Amy L. Stein and Joshua P. Fershee

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Sunrise, Sunset: An Empirical and Theoretical Assessment of Dual-Class Stock Structures, Andrew William Winden

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Commentary on Reid Kress Weisbord and David Horton, Boilerplate and Default Rules in Wills Law: An Empirical Analysis, Danaya C. Wright

Submissions from 2017

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Food Security, Industrialized Agriculture, and a Changing Global Climate: Perspectives on the United States and Cuba, Mary Jane Angelo

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Reckless Discrimination, Stephanie Bornstein

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Situational Ethics and Veganism, Neil H. Buchanan

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Social Security is Fair to All Generations: Demystifying the Trust Fund, Solvency, and the Promise to Younger Americans, Neil H. Buchanan

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Beyond Trademarks and Offense: Tam and the Justices’ Evolution on Free Speech, Clay Calvert

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Intentional Infliction of Emotional Distress & The Hulk Hogan Sex Tape: Examining a Forgotten Cause of Action in Bollea v. Gawker Media, the Gap It Reveals in IIED’s Constitutionalization, and A Path Forward for Revenge Porn Victims, Clay Calvert

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Legislating the First Amendment: A Trio of Recommendations for Lawmakers Targeting Free Expression, Clay Calvert

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Professional Standards and the First Amendment in Higher Education: When Institutional Academic Freedom Collides with Student Speech Rights, Clay Calvert

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The Government Speech Doctrine in Walker’s Wake: Early Rifts and Reverberations on Free Speech, Viewpoint Discrimination, and Offensive Expression, Clay Calvert

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Can the Undue-Burden Standard add Clarity and Rigor to Intermediate Scrutiny in First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains for Time, Place & Manner Regulations, Clay Calvert and Minch Minchin

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Indecency Four Years After Fox Television Stations: From Big Papi to a Porn Star, An Egregious Mess at the FCC Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, and Tershone Phillips

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Speech v. Conduct, Surcharges v. Discounts: Testing the Limits of the First Amendment and Statutory Construction in the Growing Credit Card Quagmire, Clay Calvert, Rich Shumate, Stephanie McNeff, and Stephenson Waters

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Reining in Internet-Age Expansion of Exemption 7(C): Towards a Tort Law Approach for Ferreting out Legitimate Privacy Concerns and Unwarranted Intrusions Under FOIA, Clay Calvert, Austin Vining, and Sebastian Zarate

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John Moore Jr.: Moore v City of East Cleveland and Children's Constitutional Arguments, Nancy E. Dowd

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Straight Out of Compton: Developmental Equality and a Critique of the Compton School Litigation, Nancy E. Dowd

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The Case for Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming in Reducing Female Juvenile Delinquency in Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, and Marina Prado-Steiman

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Beach Law Cleanup: How Sea-Level Rise Has Eroded the Ambulatory Boundaries Legal Framework, Alyson C. Flournoy