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ARTICLE The Unitary Executive and the Due Process State Emily S. Bremer* and William N. Eskridge Jr.** In Trump v. Slaughter, the Supreme Court will …
ARTICLE The Privileges or Immunities Clause, Abridged: A Critique of Kurt Lash on the Fourteenth Amendment Randy E. Barnett* & Evan D. Bernick** The Privileges …
ARTICLE The Enumerated-Rights Reading of the Privileges or Immunities Clause: A Response to Barnett and Bernick Kurt T. Lash* In 1871, John Bingham explained the …
ARTICLE Whatever Did Happen to the Antitrust Movement? Herbert Hovenkamp* Antitrust in the United States today is caught between its pursuit of technical rules designed …
ARTICLE The Institutional Economics of Marriage: A Reinterpretation of Margaret Brinig’s Contribution to Family Law Douglas W. Allen* Margaret (Peg) Brinig has made a massive …
ARTICLE The Difference Narrows: A Reply to Kurt Lash Randy E. Barnett* & Evan D. Bernick** We thank the Notre Dame Law Review for allowing …
ARTICLE Marketplace of Ideas, Privacy, and the Digital Audience Alexander Tsesis* The availability of almost limitless sets of digital information has opened a vast marketplace …
ARTICLE In Defense of Empiricism in Family Law Elizabeth S. Scott* It is fitting to include an essay defending the application of empirical research to …
ARTICLE Beyond Bankruptcy: Resolution as a Macroprudential Regulatory Tool Steven L. Schwarcz* Postcrisis efforts to extend bankruptcy-resolution techniques to protect the stability of the financial …
ARTICLE The Algorithm Game Jane Bambauer* & Tal Zarsky** Most of the discourse on algorithmic decisionmaking, whether it comes in the form of praise or …
ARTICLE Due Process of War Nathan S. Chapman* The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights …
ARTICLE The Demise of the Functionality Doctrine in Design Patent Law Perry J. Saidman* The so-called doctrine of functionality arises in both design patent validity …