Influenced by the inevitability of sports betting and changes in public perception, the Supreme Court of the United States struck down PASPA on May 14, 2018. Each state now retains the ability to decide for itself the legality of sports betting. In light of such retained state discretion, this Note
At the outset, Part I of the Article provides an overview of sustainable intergenerational justice and tax policy. Part II then provides an overview of the U.S. tax system, deficits, and public debt. Part III then considers how taxes can influence the level of resources that are available to
The President’s November 2018 designation of Matthew Whitaker to be the Acting Attorney General was unprecedented and calls into question several legal issues. Though many are based on questions of constitutionality, there is a strong and novel argument that the statute used by the President to designate Mr. Whitaker,
An examination of technology in the countertrafficking space reveals recurring tensions between law enforcement and rights-based approaches. It also illuminates assumptions, such as the one that posits more law enforcement-focused, nonstate-actor-supported data-driven efforts are necessary to securing justice for people in trafficking situations. However, a closer look at how technology
The last Amendment included in the Bill of Rights, the Tenth Amendment, states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”1 Employed as a tool to invalidate statutes2 and
This paper will engage linguistic and historical analysis in an effort to discern the original public meaning of the phrase executive power as used in Article II of the United States Constitution. In light of significant modern controversy surrounding the proper limits of executive authority, an original meaning interpretation of
If a federal official is deliberately violating the Constitution, is it possible no federal court has the power to halt that conduct? Federal judges have been answering “yes” for more than a century— dismissing certain kinds of lawsuits alleging unconstitutional conduct by ruling the lawsuits were not “cases” as meant
This study presents a new analysis of an iconic United States Supreme Court case, Holy Trinity Church v. United States (1892). The question in Holy Trinity Church concerned whether a law making it illegal to pay the transportation of a person entering the U.S. under contract to perform “labor
The United States Constitution prohibits federal officials from receiving any “present, Emolument, Office or Title” from a foreign state without the consent of Congress. In interpreting the Constitution’s text, we are to be guided “by the principle that ‘[t]he Constitution was written to be understood by the voters;
In 1973, experts Homer Kripke and John J. Slain published a
seminal study titled The Interface Between Securities Regulation and
Bankruptcy—Allocating the Risk of Illegal Securities Issuance
between Securityholders and the Issuer’s Creditors. That lengthy
analysis, contributed by, respectively, a former Securities and
Exchange Commission official and a
The advantages of evidence-based decision-making in the practice and theory of law should be obvious: Don’t make arguments to judges that seldom persuade; Jurisprudential analysis ought to align with sound social science; Attorneys should pitch legal work to clients that demonstrably need it. Despite the appearance of simplicity, there
Practitioners use artificial-intelligence (AI) tools in fields as varied as finance, medicine, human resources, marketing, sports, and many others. Now, for the first time, lawyers are beginning to use similar tools in the delivery of legal services. Where once lawyers may have only used AI for electronic discovery (eDiscovery), today
In this project, the authors obtained public data on over 100,000 Chapter 11 bankruptcy cases and used machine and deep-learning methodologies to explore whether models could be designed to predict Chapter 11 case outcomes. The data used was obtained from the Federal Judicial Center’s bankruptcy Integrated Database and
The nature of legal services is drastically changing given the rise in the use of artificial intelligence and machine learning. Legal education and training models are beginning to recognize the need to incorporate skill building in data and technology platforms, but they have lost sight of a core competency for
To give you a feel for the power of legal analytics, imagine that you are the managing partner of a law firm. With a good set of algorithms and the push of a few buttons, you can make sure that you’ve delegated each part of an assignment to the
Artificial-intelligence technological advancements bring automation and predictive analytics into patent prosecution. The information asymmetry between inventors and patent examiners is expanded by artificial intelligence, which transforms the inventor– examiner interaction to machine–human interactions. In response to automated patent drafting, automated office-action responses, “cloems” (computer-generated word permutations) for defensive patenting,
