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Contract Law

Implied Covenant of Good Faith and Fair Dealing in Contracts

Implied Covenant of Good Faith: The Silent Term in Every ContractFrom Kirke La Shelle v. Armstrong to Employment Terminations I. Introductio

Property Law

The Public Use Clause: From Kelo to Affordable Housing Battles

The Public Use Clause: From Kelo to Affordable Housing BattlesWhen “Economic Development” Justifies Condemnation I. Introduction: The Elasti

Legal Professionals

What Is a Corporate Lawyer? An Examination of Role, Function, and Ethical Tension

What Is a Corporate Lawyer? An Examination of Role, Function, and Ethical Tension In the contemporary global economy, the corporate lawyer o

Property Law

Accession Doctrine: When Does Raw Material Become Someone Else’s Property?

Accession Doctrine: When Does Raw Material Become Someone Else’s Property?From Roman Law to 3D Printing Disputes I. Introduction: The Puzzle

Intellectual property

The First Sale Doctrine: Why You Can Resell a Book But Not a Digital Song

The First Sale Doctrine: Why You Can Resell a Book But Not a Digital SongComparing Kirtsaeng v. Wiley to Software Licensing I. Introduction

Business Law

B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work?

B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work? I. Introduction The tension between profit maximization and social

International Law

Extraterritoriality: Can One Nation Prosecute Crimes Abroad?

Extraterritoriality: Can One Nation Prosecute Crimes Abroad? The principle of extraterritoriality—where a state asserts legal jurisdiction o

Intellectual property

Patentable Subject Matter: The Boundaries of § 101

Patentable Subject Matter: The Boundaries of § 101 I. Introduction What is a Patentable Subject Matter? Patent law in the United States is g

Constitutional Law

USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions

USA PATRIOT Act (2001): Mass Surveillance vs. Fourth Amendment Tensions 💡 Post-9/11 Legislation: Enacted in 2001 to expand federal law enfo

Administrative Law

The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative State

The Nondelegation Doctrine: From Schechter Poultry to the Modern Administrative StateExamining the Constitutional Limits on Congress’s Abili

Criminal Law

Three Strikes Laws in the 1990s: Origins, Implementation, and Controversy

Three Strikes Laws in the 1990s: Origins, Implementation, and Controversy I. Introduction The “Three Strikes” laws that proliferated across

Tort law

Deepfake Defamation: Section 230 Immunity Challenges

Deepfake Defamation: Section 230 Immunity Challenges The proliferation of deepfake technology—synthetic media generated using artificial int

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