Category Archives: Articles

Will I Pass The Bar Exam?: Predicting Student Success Using LSAT Scores And Law School Performance

Law schools currently face a difficult climate: fewer applicants with lower incoming credentials are passing the bar exam at decreasing rates. Law schools seek to understand why bar pass rates are dropping, and what can be done to remedy this … Continue reading

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Criminal Minds: The Need To Refine The Application Of The Doctrine Of Objective Chances As A Justification For Introducing Uncharged Misconduct Evidence To Prove Intent

Dean Wigmore once wrote that the hearsay doctrine is the “most characteristic rule of the Anglo-American law of Evidence.” Today, it can be said that the character evidence doctrine is the most characteristic rule of American evidence law. At early … Continue reading

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Forensic Linguistics: Applying The Science Of Linguistics To Issues Of The Law

The well-established science of linguistics analyzes all aspects of human language. Linguistics has many subfields, including the study of language structure, sound patterns, the dynamics of language in interpersonal and intergroup communication, and the interplay of meaning, grammar, and context. … Continue reading

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The Field Of Invention

The balance of power between the administrative state and the federal courts as guardians of the U.S. innovation system is in significant transition. Amid growing dissatisfaction with the expense and opportunity costs of patent litigation and the perceived strategic advantages … Continue reading

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How Can You Defend Those People?

We all are here today because Monroe Freedman (1928–2015) came before us. Like Ellen Yaroshefsky and Abbe Smith, Monroe Freedman was a rare duality—criminal defense lawyer and earthy practitioner in one sphere, while also a distinguished scholar and professor in … Continue reading

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Bringing Sentencing Into The 21st Century: Closing The Gap Between Practice And Knowledge By Introducing Expertise Into Sentencing Law

Sentencing law is the area of law where the state acts in its most coercive and authoritative manner against its citizens. It is fundamentally broken. There is no tenable rationale that can justify the shocking reality that there are currently … Continue reading

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The Neglected History Behind Preble v. Maine Central Railroad Company: Lessons from the “Maine Rule” for Adverse Possession

Under the “Maine Rule” for adverse possession, only possessors who have the requisite intent can perfect an adverse possession claim. The Maine Rule has been consistently criticized. The history behind the adoption of the Maine Rule, however, and the purpose … Continue reading

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Expanding the Reach of the Commodity Exchange Act’s Antitrust Considerations

Many of the world’s largest banks have, over the past few years, paid billions of dollars to settle multiple civil and criminal government enforcement actions and private lawsuits alleging that bank employees conspired with their competitors to stifle competition in … Continue reading

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Public Responsibilities Beyond Consent: Rethinking Contract Theory

This Article argues for a vital new pathway to the regulation of contracts in American law. It proposes a theory of public responsibility to safeguard public values that are unprotected by the reciprocal consent of private parties to contract. Challenging … Continue reading

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Shaping Expectations About Dads as Caregivers: Toward an Ecological Approach

A growing number of men are embracing childcare responsibilities traditionally associated with women, such as swaddling and singing to a fussy infant to coax her into slumber; preparing a child’s meals; cleaning messes made by a child; doing a child’s … Continue reading

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