Evidence-Based Lawyer Regulation
Elizabeth Chambliss
The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure…
Criminal Clear Statement Rules
Carissa Byrne Hessick and Joseph E. Kennedy
There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly punitive. Legislatures write these laws because there are significant political incentives for them to be “tough…
Interstitial Space Law
Melissa J. Durkee
Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent…
Technologically Distorted Conceptions of Punishment
Jessica M. Eaglin
Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing structures is problematic. Yet scholars and policymakers focus on changes in technology over time while ignoring…
Border Searches of Electronic Devices
Rebecca M. Rowland
In fiscal year 2018, U.S. Customs and Border Protection (“CBP”) searched 33,295 electronic devices at the border without first needing a warrant. In fiscal year 2015, only about 8,500 electronic devices were searched at the border; in fiscal year 2016…
Blockchain Prediction Markets: Where They Came From, Why They Matter & How to Regulate Those Involved
Joshua D. Dubin
The basis of CFTC prediction market jurisdiction stems from its interpretation of trades in prediction markets as swaps of commodity futures and options contracts. The CFTC has recognized that prediction markets have the capacity to facilitate information discovery and therefore…
Exploiting Pre-Existing Beliefs
Ahmed E. Taha
Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them superior to competitor goods and services. This article argues that these advertisements and labels are deceptive…
Campus Box 1120, One Brookings Drive, St. Louis, MO 63130
Copyright 2018 © All Rights Reserved