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Volume 71, Number 4

Bankrupted Slaves

May. 22, 2018—Bankrupted-Slaves ABSTRACT Responsible societies reckon with the pernicious and ugly chapters in their histories. Wherever we look, there exist ever-present reminders of how we failed as a society in permitting the enslavement of millions of black men, women, and children during the first century of this nation’s history. No corner of society remains unstained. As...

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Regulating Fintech

May. 22, 2018—Regulating-Fintech ABSTRACT The financial crisis of 2008 has led to dramatic changes in the way that finance is regulated: the Dodd-Frank Act imposed broad and systemic regulation on the industry on a level not seen since the New Deal. But the financial regulatory reforms enacted since the crisis have been premised on an outdated idea...

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Plaintiff Cities

May. 22, 2018—Plaintiff-Cities ABSTRACT When cities are involved in litigation, it is most often as defendants. However, in the last few decades, cities have emerged as aggressive plaintiffs, bringing forward hundreds of mass-tort style claims. From suing gun manufacturers for the scourge of gun violence, to bringing actions against banks for the consequences of the subprime mortgage...

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The Political Economy of Corporate Exit

May. 22, 2018—The-Political-Economy-of-Corporate-Exit ABSTRACT Corporate political activity is understood to include financial contributions, lobbying efforts, participation in trade groups, and political advertising, all of which give corporations a “voice” in public decisionmaking. This Essay contends that the accepted definition of corporate political activity overlooks the importance of “exit.” Corporations do not need to spend money to exert...

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Rethinking Conspiracy Jurisdiction in Light of Stream of Commerce and Effects-Based Jurisdictional Principles

May. 22, 2018—Rethinking-Conspiracy-Jurisdiction-in-Light-of-Stream-of-Commerce-and-Effects-Based-Jurisdictional-Principles ABSTRACT For decades, some courts have been willing to exercise personal jurisdiction over nonresident defendants based solely on the forum contacts of their coconspirators. This practice, termed “conspiracy jurisdiction,” has proven controversial among courts and commentators alike. On one hand, the actions of one member of a conspiracy are ordinarily attributable to other members...

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Neuronal Testimonial: Brain-Computer Interfaces and the Law

May. 22, 2018—Neuronal-Testimonial-Brain-Computer-Interfaces-and-the-Law ABSTRACT Scientific researchers have developed a method of using brain-scanning technology to determine if patients in a coma-like condition, known as a “vegetative state,” are conscious despite their inability to communicate verbally or via motor actions. While in a brain scanner, patients “answer” yes-or-no questions by envisioning specific scenarios that activate different parts of...

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