The critical literature on copyright law’s fair use rule is enormous, with much of the recent spilling of ink bemoaning the overuse of transformativeness as a decisive factor in the case law. Many courts now consider whether a secondary user has...
This article evaluates such an idea insofar as it could potentially constitute a bill of attainder, be applied retroactively, or violate a president’s constitutional rights. Ultimately, the article concludes that the bill would pass judicial...
Abstract In “Can Free Speech Be Progressive?,” Louis Michael Seidman claims that cheap speech, like that found on Twitter, is not really cheap, and is not helpful to progressives—because it relies too heavily on capital. In the era of #metoo and...
This Comment explains how President Trump’s changes to immigration enforcement and attempt to rescind DACA have affected undocumented students, and proposes that the student-university relationship both legally permits and morally obligates...
This piece takes issue with Bridget Crawford and Michelle Simon’s argument in their article about the recent Supreme Court case North Carolina Department of Revenue v. Kaestner Family Trust (argued May 16, 2019) (The Supreme Court, Due Process and...
Combining the statistical data on the rapidly shifting demography of the federal judiciary under President Trump with insights from the scholarly literature on theories of procedural justice and representative bureaucracy, which posit that the...