Self-Defense Exceptionalism and the Immunization of Private Violence

Vol. 96, No. 3

Self-Defense Exceptionalism and the Immunization of Private Violence

By Eric Ruben*

After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly attention. In recent years, most commentary about self-defense has focused on “Stand Your Ground” policies that remove the duty to retreat before using lethal force. But the reaction to Rittenhouse’s case reflects a different, more extreme way that the law governing defensive force is changing. In particular, advocates and legislators say that private citizens like . . .

Suing SPACs

Vol. 96, No. 3

Suing SPACs

By Emily Strauss*

In 2020, the financial world became transfixed by a massive increase in the number of firms going public through special purpose acquisition company (“SPAC”) transactions. A SPAC is a publicly traded company formed solely for the purpose of raising money from investors and choosing a merger partner, thereby bringing the target company public. SPAC shareholders vote on the proposed transaction, but also have the option to redeem their shares for the price paid plus interest prior to the merger. SPACs . . .

Co-Creating Equality

Vol. 96, No. 3

Co-Creating Equality

By Sarah Polcz*

When a creative work has many co-creators, not all of whom contributed equally, how should they split ownership? In the absence of a contract, copyright law has long adopted an all-or-nothing answer to this question: if you are deemed to be a “co-author” you get an equal split; otherwise, you get nothing. Because the privileges of co-authorship are so great, courts have erected an onerous barrier to qualifying as a “co-author”: you must have had “control” over the whole collaborative work. This barrier . . .

The Limitations of Applying the Stored Communications Act to Social Media

Vol. 96, No. 3

The Limitations of Applying the Stored Communications Act to Social Media

By Victoria M. Allen*

The advent of social media has increasingly affected how people live and communicate. Millions of Americans use social media every day, and the numbers continue to grow. The motivation to post on social media is multifactorial and includes a desire to stay connected, find others with shared interests, change opinions, and encourage action, but posting also serves to boost one’s self-esteem and self-worth. However, posting on social media creates a serious risk of self-disclosure, with people revealing . . .

Battle of the Opinions: Conflicting Interpretations of False Opinions and the Falsity Standard Under the False Claims Act

Vol. 96, No. 3

Battle of the Opinions: Conflicting Interpretations of False Opinions and the Falsity Standard Under the False Claims Act

By Thitipong Mongkolrattanothai*

Congress has let loose a posse of ad hoc deputies to uncover and prosecute frauds against the government . . . .  may prefer the dignity of being chased only by the regular troops; if so, they must seek relief from Congress.United States ex rel. Milam v. Univ. of Tex. M.D. Anderson Cancer Ctr., 961 F.2d 46, 49 (4th Cir. 1992).

INTRODUCTION
What most people probably do not realize is that approximately ten percent of all government spending is lost to fraud, which amounts . . .

previous arrow
next arrow

Print Articles

Self-Defense Exceptionalism and the Immunization of Private Violence

After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly attention. In recent years, most commentary about self-defense has focused on “Stand Your Ground” policies that remove the duty to retreat before using lethal force. But the reaction to Rittenhouse’s case reflects a different, more

Read More »

Suing SPACs

In 2020, the financial world became transfixed by a massive increase in the number of firms going public through special purpose acquisition company (“SPAC”) transactions. A SPAC is a publicly traded company formed solely for the purpose of raising money from investors and choosing a merger partner, thereby bringing the target company public. SPAC shareholders

Read More »

Co-Creating Equality

When a creative work has many co-creators, not all of whom contributed equally, how should they split ownership? In the absence of a contract, copyright law has long adopted an all-or-nothing answer to this question: if you are deemed to be a “co-author” you get an equal split; otherwise, you get nothing. Because the privileges

Read More »

The Limitations of Applying the Stored Communications Act to Social Media

The advent of social media has increasingly affected how people live and communicate. Millions of Americans use social media every day, and the numbers continue to grow. The motivation to post on social media is multifactorial and includes a desire to stay connected, find others with shared interests, change opinions, and encourage action, but posting

Read More »

Battle of the Opinions: Conflicting Interpretations of False Opinions and the Falsity Standard Under the False Claims Act

Congress has let loose a posse of ad hoc deputies to uncover and prosecute frauds against the government . . . . [Bad actors] may prefer the dignity of being chased only by the regular troops; if so, they must seek relief from Congress. INTRODUCTION What most people probably do not realize is that approximately ten percent of all government

Read More »

Postscript

The Illusory Moral Appeal of Living Constitutionalism

Two prominent theories of constitutional interpretation are originalism and living constitutionalism. One common argument for living constitutionalism over originalism is that living constitutionalism better avoids morally unjustifiable results. This Note will demonstrate that this argument is flawed because living constitutionalism

Read More »

Respect for Marriage in U.S. Territories

The 2010s were a watershed decade for marriage equality in the United States. In 2013, the Supreme Court in United States v. Windsor struck down section 3 of the so-called Defense of Marriage Act (“DOMA”), which denied federal recognition to

Read More »