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The Mandate for Critical Race Theory in This Time

Abstract A necessary conclusion from Critical Race Theory (CRT) is that Black people cannot look to the law for justice because racism is baked into the law.  As a result, the movement for Black liberation cannot rely on the law for just outcomes...

Platforms as Blackacres

ABSTRACT This Article argues that this indiscriminate treatment of all websites as blackacres violates the First Amendment. Applying cyber-trespass rules identically across the internet undermines core constitutional values by giving platforms...

ALI Data Privacy: Overview and Black Letter Text

ABSTRACT In this Article, the Reporters for the American Law Institute Principles of Law, Data Privacy provide an overview of the project as well as the text of its black letter. The Principles aim to provide a blueprint for policymakers to regulate...

The Tragedy of Democratic Constitutionalism

ABSTRACT In contemporary constitutional jurisprudence, capacious notions of individual liberty are ascendant. Under the First Amendment, due process, takings, nondelegation, and a range of interpretive doctrines, advocates are seeking greater...

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