Volume 51 (2019) Issue 1 (Spring)

Naomi Cahn, June Carbone & Nancy Levit. We increasingly live our lives in a digital world, buying textbooks, groceries, and travel on internet platforms, offering our own services as drivers or organizers or lawyers in the gig economy, and looking…

Elayne E. Greenberg. This first-of-its-kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Sophisticated third-party funders have realized that litigation and…

Paul F. Eckstein, Mikaela Colby. Among the more specific and significant powers in the United States Constitution vested in the President is the power to pardon found in Article II, Section 2, Clause 1, which provides in relevant part that…

Kathryn Boughton. The facts read like a movie plot: a broker with multiple aliases, a corrupt government employee, and a man with a stack of cash meet outside of Washington, D.C.1 They arrange how to funnel hundreds of thousands of…

Hayden Hilliard. More and more often, women are stumbling across their own nude images on various websites, posted without their permission, and without their knowledge. Many women have come forward, sharing their personal stories, finding images taken several years ago,…

Joshua D. Wright, Elyse Dorsey, Jonathan Klick, Jan M. Rybnicek. For antitrust practitioners, scholars, and economists—those who work with antitrust in agencies, courts, or law firms—the development of the antitrust laws over the past half century has been a remarkable…

Reviewed by Jeffrey Willis. Is it possible to create a work that could inform virtually every aspect of any commercial case? The goal of the Fourth Edition of this treatise is exactly that. As explained by Editor-in-Chief Robert L. Haig:…

Lino A. Graglia. Contemporary constitutional scholarship presents the puzzling phenomenon of scholars endlessly writing and debating methods of constitutional interpretation as the central issue to be decided despite the apparent fact that the Constitution plays very little role in the…

Arden Rowell. Do people know the law? On the one hand, it is a brocard, sometimes traced to Aristotle, that nemo censetur legem ignorare: “nobody is thought to be ignorant of the law.” The same intuition underlies the classic maxim…

Alexander B. Lemann. After spending four days dumping an unprecedented quantity of water on the Houston area, Hurricane Harvey finally slid off the coast to the south, leaving the city to begin the gradual process of wringing itself out and…