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The Law & Politics of Cyberattack Attribution

Attribution of cyberattacks requires identifying those responsible for bad acts, prominently including states. To guard against baseless or false attributions, this Article argues that states should establish an international law requirement that...

The Hollowed Out Common Law

We measure the evolution of the common law using a comprehensive data set of cases regarding the enforceability of online consumer contracts. We find a steady decline in the number of cases adjudicated in state courts relative to federal courts, and...

Codification and the Hidden Work of Congress

This Article provides the first in-depth scholarly examination of the process by which enacted laws are organized and presented for public consumption, known as codification, a process that has mostly escaped the notice of judges and scholars of...

Ensuring Equal Access to the Mail-In Ballot Box

Abstract Mail voting has emerged as the top policy solution to voting amid the COVID-19 pandemic.  But not all mail voting schemes are created equal.  Implemented improperly, vote-by-mail can disproportionately disenfranchise many of the same voters...