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The Venue Shuffle: Forum Selection Clauses and ERISA

Forum selection clauses are ubiquitous. Historically, the judiciary was hostile to contracts limiting a plaintiff’s venue options. The tide has since turned. Today, lower courts routinely enforce such clauses. This Article challenges this reflexive...

Regulating Bot Speech

Concerns over bot speech have led prominent figures in the world of technology to call for regulations in response to the unique threats bots pose. This work is the first to consider how efforts to regulate bots might run afoul of the First...

The Problem With Nostalgia (or In Defense Of Alternative Facts)

Language lives in the present, though we often approach it as though it was settled in the past. But those yearning for the meanings of some bygone era, like those endeavoring to deduce a single, correct meaning from the words on a page, are deluded...

Disability, Discipline, and Illusory Student Rights

The Individuals with Disabilities Education Act contains provisions that ostensibly guard against disproportionate suspending and expelling school students with disabilities. This article demonstrates that these provisions are woefully inadequate to...