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Taking Back Juvenile Confessions

The limited capacity of juveniles to make good decisions on their own—based on centuries of common sense and empirically supported in recent decades by abundant scientific research—informs almost every field of legal doctrine. Recent criminal...

Conjugal Liability

Because of a commitment to the concept of individual culpability, holding someone responsible for the wrongdoing of another is a relatively rare occurrence in American jurisprudence. However, this Article reveals a significant, yet largely...

Adapting Fair Use to Reflect Social Media Norms: A Joint Proposal

Within the past decade, the Internet has played an increasingly central role in social dialogue and popular culture. Through the promulgation of “like” and “heart” features on online platforms such as Facebook and Instagram, individuals are...

Copyright's Framing Problem

Copyright law has a framing problem. The problem is pervasive, unresolved, and often unnoticed, and it significantly impacts the nature and scope of copyright protection. Copyrighted works are complex: Books consist of chapters, newspapers consist...

The Golden Leash and the Fiduciary Duty Of Loyalty

In recent years, activist hedge funds have been experimenting with a novel practice in corporate governance: offering their candidates for the board of directors millions of dollars in bonus pay through a device known as a “golden leash.” Such...

The Constitution of Police Violence

Police force is again under scrutiny in the United States. Several recent killings of black men by police officers have prompted an array of reform proposals, most of which seem to assume that these recent killings were not (or should not be)...