App Stores, Aftermarkets, & Antitrust

John M. Yun App stores have become the subject of controversy and criticism within antitrust. For instance, app developers such as Spotify and Epic Games (creator of Fortnite) allege that Apple’s 30% cut of all sales in the App Store…
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Rethinking Contract Remedies

Felipe Jiménez This Article offers a theoretical framework for thinking about contract remedies. The argument starts from the distinction between rights and remedies in contract law. The distinction is consistent with the doctrinal structure of contract law in Western legal…
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Worse Than Human?

Derek E. Bambauer & Michael Risch The rise of algorithm-driven decision making enabled by Big Data has generated widespread concern among legal scholars. However, few critics have considered data on people’s existing preferences about the role of algorithms in decision systems.…
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Qualified Immunity: Rectifying a Detrimental Doctrine

Nyla Knox On average, on-duty police officers shoot and kill one thousand individuals in the United States each year. One in every one-thousand black men will be killed by law enforcement in their lifetime. In nearly every instance, though, courts…
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Tortious Speech in the Digital Age

Judge Peter B. Swann & Sarah Pook The First Amendment to the United States Constitution provides unambiguously and without exception that “Congress shall make no law . . . abridging the freedom of speech.” Read literally, there is no room…
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Arizona Redistricting History and Litigation

Roslyn Silver Today, the right to vote in this country and the state of Arizona is a fundamental right of citizenship. The act of voting is one of the most elemental forms of democratic participation. But participation in our democracy…
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