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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...

IP Preparedness for Outbreak Diseases

The article addresses the role of IP in the development of vaccines for outbreak diseases like Ebola and Zika. It concludes that IP inefficiencies result in a lack of “IP preparedness” that weakens our ability to respond to outbreaks. The author...

Behavioral Class Action Law

This Article supplements stagnating class action debates and the traditional law and economics account of class action law with behavioral psychology. It draws on a litany of behavioral tendencies, biases, and pathologies and considers their...