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Racist Stereotype Threat in Civil Rights Law

Abstract Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a...

Antitrust as Allocator of Coordination Rights

Abstract The reigning antitrust paradigm has turned the notion of competition into a talisman, even as antitrust law in reality has functioned as a sorting mechanism to elevate one species of economic coordination and undermine others. Thus, the...

Abortion Regulation as Compelled Speech

This Article outlines a novel First Amendment compelled speech claim against a growing body of abortion restrictions, including fetal demise and burial laws, premised on a state interest in “expressing respect for potential life.” It weaves...

Decarbonization in Democracy

Abstract Conventional wisdom holds that democracy is structurally ill equipped to confront climate change. As the story goes, because each of us tends to dismiss consequences that befall people in other places and in future times, the people cannot...

Derivable Works

From sequels and spin-offs to physical merchandise, copyright and trademark law together give a creative work’s owner exclusive control over a range of derivative products. This Article argues that, under the right conditions, that control can tilt...

Big Data Prosecution and Brady

As helpful as new forms of centralized data collection might be for investigators, there remains a critical open issue: the systems were not designed to identify the exculpatory and impeaching material prosecutors are required to disclose under...