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Displaying 221 - 230 of 1292

A Critical Eye Toward Commercial DNA Database Criminal Procedures

https://lawreview.uchicago.edu/online-archive/critical-eye-toward-commercial-dna-database-criminal-procedures
After the Golden State Killer was arrested and sentenced in 2018, interest in investigative genetic genealogy spiked.

Law Review Symposium 2022

https://lawreview.uchicago.edu/symposium/law-review-symposium-2022
Labor market power is a hotly debated issue that has garnered increasing scholarly attention in legal academia. With market power comes questions of regulation. This Symposium will explore how law can address and regulate the labor market to respond to its failures.

Lawful but Awful? Control over Legal Speech by Platforms, Governments, and Internet Users

https://lawreview.uchicago.edu/online-archive/lawful-awful-control-over-legal-speech-platforms-governments-and-internet-users
In his quixotic bid to buy and reform Twitter, Elon Musk swiftly arrived at the same place nearly every tech mogul does: he doesn’t want censorship, but he does want to be able to suppress some legal speech.

Masthead

https://lawreview.uchicago.edu/about/masthead

Financial Regulations in the Crucible

https://lawreview.uchicago.edu/symposium/financial-regulations-crucible
Financial regulation in the United States is in crisis. The agencies responsible for safeguarding the massive and crucial flows of money, credit, and risk at the heart of the U.S. face overlapping crises of legitimacy.

Volume 89.4 (June 2022) 843-1112

https://lawreview.uchicago.edu/volume-894-june-2022-843-1112
Articles Kids Are Not So Different: The Path from Juvenile Exceptionalism to Prison Abolition

Kids Are Not So Different: The Path from Juvenile Exceptionalism to Prison Abolition

https://lawreview.uchicago.edu/print-archive/kids-are-not-so-different-path-juvenile-exceptionalism-prison-abolition
Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach.

Contractual Evolution

https://lawreview.uchicago.edu/print-archive/contractual-evolution
Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time.

The Exception to Rule 12(d): Incorporation by Reference of Matters Outside the Pleadings

https://lawreview.uchicago.edu/print-archive/exception-rule-12d-incorporation-reference-matters-outside-pleadings
This Comment explores the history of Rule 12(d), describes courts’ varying uses of the exception, and proposes a unifying method of interpretation for the future. Drawing on other procedural rules and an analogous doctrine in contract law, it argues that only unmistakably referenced written instruments may be incorporated.

In Need of Better Material: A New Approach to Implementation Challenges Under the IDEA

https://lawreview.uchicago.edu/print-archive/need-better-material-new-approach-implementation-challenges-under-idea
How far may a school district deviate from the services specified in an IEP and remain in compliance with the IDEA? In other words, how much of the adequate written plan is the student in fact entitled to receive? There are two existing approaches to failure-to-implement cases: the materiality approach and the per se test. This Comment argues that both approaches are flawed.

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