William and Mary Law Review - 2015
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Settling the long war: alternative dispute resolution and the War on Terror.
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Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.
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Leak prosecutions and the First Amendment: new developments and a closer look at the feasibility of protecting leakers.
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When are constitutional rights non-absolute? McCutcheon, conflicts, and the sufficiency question.
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Defending Daubert: it's time to amend Federal Rule of Evidence 702.
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Solving Batson.
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A new fulcrum point for city survival.
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Fiduciary governance.
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Systemic lying.
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Measuring monopsony: using the antitrust toolbox to protect market competition and help the television consumer.
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Personal jurisdiction based on the local effects of intentional misconduct.
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Parting the dark money sea: exposing politically active tax-exempt groups through FEC-IRS hybrid enforcement.
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Solving Batson.
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Legal ignorance and information-forcing rules.
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Group agency and legal proof; or, why the jury is an 'it'.
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Should the law preserve party control? Litigation investment, insurance law, and double standards.
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Criminal innovation and the warrant requirement: reconsidering the rights-police efficiency trade-off.
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The third pillar of jurisprudence: social legal theory.
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Legal ignorance and information-forcing rules.
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Forfeiting trust.
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Forfeiting trust.
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Personal jurisdiction based on the local effects of intentional misconduct.
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The politics and incentives of First Amendment coverage.
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The right of publicity and the First Amendment in the modern age of commercial speech.
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Producing speech.
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Regulating drones under the First and Fourth Amendments.
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The costs of easy victory.
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Obscured by clouds: the Fourth Amendment and searching cloud storage accounts through locally installed software.
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Why data privacy law is (mostly) constitutional.
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Group agency and legal proof; or, why the jury is an 'it'.
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Systemic lying.
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National security information disclosures and the role of intent.
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Regulating drones under the First and Fourth Amendments.
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NCAA and the rule of reason: analyzing improved education quality as a procompetitive justification.
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Fiduciary governance.
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Drugs for the indigent: a proposal to revise the 340B drug pricing program.
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The rhetoric of constitutional absolutism.
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The First Amendment's public forum.
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Producing speech.
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A new fulcrum point for city survival.
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The right of publicity and the First Amendment in the modern age of commercial speech.
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Intellectual property and the presumption of innocence.
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The rhetoric of constitutional absolutism.
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Protecting privacy to prevent discrimination.
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National security information disclosures and the role of intent.
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Reconciling privacy and speech in the era of big data: a comparative legal analysis.
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Internet exceptionalism: an overview from general constitutional law.
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Leak prosecutions and the First Amendment: new developments and a closer look at the feasibility of protecting leakers.
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The Supreme Court's quiet revolution: redefining the meaning of jurisdiction.
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The Supreme Court's quiet revolution: redefining the meaning of jurisdiction.
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Reconciling privacy and speech in the era of big data: a comparative legal analysis.
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The zombie First Amendment.
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Reflections on the future of the legal academy.
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Basing budget baselines.
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A pasture theory of creative controls: a new approach to copyright and patent subject matter overgrowth.
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New problems for subsidized speech.
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The derivative nature of corporate constitutional rights.
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The rhetoric of constitutional absolutism.
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The derivative nature of corporate constitutional rights.
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When are constitutional rights non-absolute? McCutcheon, conflicts, and the sufficiency question.
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First Amendment expansionism.
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Protecting privacy to prevent discrimination.
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Basing budget baselines.
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The marrow of tradition: the Roberts Court and categorical First Amendment speech exclusions.
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Defending Daubert: it's time to amend Federal Rule of Evidence 702.
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Don't text a driver: civil liability of remote third-party texters after Kubert v. Best.
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Should the law preserve party control? Litigation investment, insurance law, and double standards.
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Adopting proactive standards to protect Americans in indoor environments: volatile organic compound emissions regulation.
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Harmony at the farm: rediscovering the 'community' in community supported agriculture.
