Episode 1.0: Intro to Dialectic
In this episode, we introduce ourselves and explain what we hope to accomplish through Dialectic.
Applying Originalism
An essay reviewing the inaugural Justice Antonin Scalia Lecture, titled “Interpreting the Unwritten Constitution,” presented at Harvard Law School by Judge Frank H. Easterbrook on November 14, 2014.
Amending the Ancient Documents Hearsay Exception
This Essay critically assesses a pending, proposed amendment to the Federal Rules of Evidence—slated to take effect in December 2017—that would abrogate Federal Rule of Evidence 803(16), the hearsay exception for ancient documents. The proposed...
Attack of the Shorting Bass: Does the Inter Partes Review Process Enable Petitioners to Earn Abnormal Returns?
The Patent Trial and Appeal Board recently instituted a review process called inter partes review that provides a faster review of patent validity than previous methods. The inter partes review has less restrictive rules about which entities can...
Vaccines, School Mandates, and California’s Right to Education
California recently enacted Senate Bill 277, which abolishes the personal beliefs exemption to school immunization requirements. One possible challenge to the law’s constitutionality is that it impermissibly limits the right to education. This Essay...
Giving as Governance? Philanthrocapitalism and Modern-Day Slavery Abolitionism
This Essay examines the potential influence of a new breed of actor in the global antitrafficking arena: the venture philanthropist, or “philanthrocapitalist.” Philanthrocapitalists have already helped rebrand “trafficking” as “modern-day slavery,”...