most recent articles

Read Full Article (PDF) Conditional Purging of Wills   The laws of most states unconditionally purge a testamentary gift to an individual who serves as an attesting witness to the will. Under this approach, the will is valid despite the presence of an interested...

Read Full Article (PDF) Grandma Got Arrested: Police, Excessive Force, and People with Dementia   Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using...

Read Full Article (PDF) Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam the Reporters   Recently, the Texas Supreme Court breathed new life into some ancient zombies—zombie precedents, that is!—which have long...

Read Full Article (PDF) Solving SLAPP Slop   In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits,...

Read Full Article (PDF) The Legal Ethics of Family Separation   On April 6, 2018, the Trump administration announced a “zero tolerance” policy for individuals who crossed the U.S. border illegally. As part of this policy, the administration prosecuted parents...

Read Full Article (PDF)  Memorizing Trade Secrets   The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information,...

Read Full Article (PDF)  Resolving Regulatory Threats to Tenure   Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems...

Read Full Article (PDF)  “If You Build It, They Will Come”: Reverse Location Searches, Data Collection, and The Fourth Amendment   On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of...

Read Full Article (PDF)  “Fundamental Fairness”: Finding a Civil Right to Counsel in International Human Rights Law   Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human...

Read Full Article (PDF)  CFTC & SEC: The Wild West of Cryptocurrency Regulation   Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which...