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Regulation by Hypothetical

Oct. 17, 2014—Regulation by Hypothetical ABSTRACT A new paradigm is afoot in banking regulation—and it involves a turn toward the more speculative. Previous regulatory instruments have included geographic restrictions, activity restrictions, disclosure mandates, capital requirements, and risk management oversight to ensure the safety of the banking system. This Article describes and contextualizes these regulatory tools and shows...

The Language of Mens Rea

Oct. 17, 2014—The Language of Mens Rea Appendix B: Full Text of Scenarios in the Revised MPC Definitions Experiment Appendix B: Full Text of Scenarios in the Signal Variant and Revised Recklessness Experiments ABSTRACT This Article empirically tests two key questions. First: How sensitive are jurors to variations in the language that delineates the criminal mental state...

Speech Beyond Borders: Extraterritoriality and the First Amendment

Oct. 17, 2014—Speech Beyond Borders: Extraterritoriality and the First Amendment ABSTRACT Does the First Amendment follow the flag? In Boumediene v. Bush, the Supreme Court categorically rejected the claim that constitutional rights do not apply at all to governmental actions taken against aliens located abroad. Instead, the Court made the application of such rights, the First Amendment...

Trademarked for Death? A Licensee’s Trademark Rights After an Executory Contract is Rejected in Bankruptcy

Oct. 17, 2014—Trademarked for Death? A Licensee’s Trademark Rights After an Executory Contract Is Rejected in Bankruptcy ABSTRACT Upon declaring bankruptcy, a licensor of a trademark is given the option to “reject” its license agreements with trademark licensees. Due to the absence of trademarks from the definition of “intellectual property” in the Intellectual Property Licenses in Bankruptcy...

Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts

Oct. 17, 2014—Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts ABSTRACT The proliferation of social media poses numerous new challenges that require the law to find creative solutions. One pressing legal question is who has the superior right to social media contacts as between an employee who manages a company’s social media...

**Confrontation and the Law of Evidence: Can the Language Conduit Theory Survive in the Wake of Crawford?**

Oct. 17, 2014—Confrontation and the Law of Evidence: Can the Language Conduit Theory Survive in the Wake of Crawford? ABSTRACT The interrogation of non-English-speaking defendants by government officials usually requires the aid of an interpreter. In the event that the interpreter is unavailable to testify to the truth of his translations in court and a third-party witness...

Rethinking the Right to Vote Under State Constitutions

Sep. 15, 2014—Rethinking the Right to Vote Under State Constitutions

United States v. Caronia: How True Does “Truthful” Have to Be?

Jun. 29, 2014—E-Philip-Comment

“Sticky” Arbitration Clauses? The Use of Arbitration Clauses After Concepcion and Amex

Jun. 14, 2014—Sticky Arbitration Clauses? We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. The Supreme Court’s decision in Concepcion led commentators to predict that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their...

Enjoining Abuse: The Case for Indefinite Domestic Violence Protection Orders

Jun. 14, 2014—Enjoining Abuse- The Case for Indefinite Domestic Violence Protection Orders While countless studies demonstrate the complex and dangerous nature of intimate partner abuse, most jurisdictions permit only the entry of yearlong domestic violence protection orders. Judges may assume that danger ceases once the order takes effect, but evidence of the recurrent nature of violence demonstrates...

In Defense of American Criminal Justice

Jun. 14, 2014—In Defense of American Criminal Justice

Is FINRA a State Actor? A Question that Exposes the Flaws of the State Action Doctrine and Suggests a Way to Redeem It

Jun. 14, 2014—Is FINRA a State Actor?

Making or Breaking Your Billion Dollar Case: U.S. Judicial Assistance to Private International Arbitration Under 28 U.S.C. § 1782(a)

Jun. 14, 2014—Making or Breaking Your Billion Dollar Case

Vanderbilt Law Review