Antitrust theory portrays data privacy as a factor, like quality, that improves with competition. This Essay argues that view, though not inaccurate, is incomplete. It offers a new account of how data ...

The Stored Communications Act poses an increasing threat to criminal defendants’ ability to access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the ...

Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

This Collection analyzes legal, social, and political dimensions of drug decriminalization in the context of current debates. The Essays explore issues related to state drug-policy reform, federal ...

Freight railroading today is profitable but fails workers, consumers, and communities in serious ways. This Note argues that both the railroad industry’s financial success and its operational ...

This Essay examines the rise of originalism and textualism within the Supreme Court’s intellectual-property jurisprudence. Due to its intense dynamism, intellectual-property law exposes the failures ...

This Collection examines the relationship between procedure and fairness. The Essays analyze rural criminal defense challenges, administrative rulemaking responsibilities, and the role of technology ...

This Note uncovers the history of how the Brigham Young University Police Department blurred the boundaries between criminal law and church doctrine. These practices included sting operations that ...

The prospect of productively leveraging litigation loss should not insulate decisions about whether and how to litigate from scrutiny. Examining contemporary LGBTQ litigation, this Essay shows how ...