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Digitizing the Schoolhouse Gate: Protecting Students’ Off-Campus Cyberspeech by Switching the Safety on Tinker’s Trigger

Written by: Joshua Rieger

Abstract Secondary-school students regularly engage in cyberspeech both inside and outside the schoolhouse gate. Internet-era forms of communication allow these students to produce off-campus cyberspeech that can easily be accessed or brought onto campus by other students or faculty. As early as the 1990s, public-school administrations began punishing students for off-campus cyberspeech, accessed or brought […]

“Go Sue Yourself!” Imagining Intrapersonal Liability for Negligently Self-Inflicted Harms

Written by: Lars Noah

Abstract Are “self-inflicted” harms actionable? Courts increasingly have allowed victims to identify other (typically unrelated) parties that may share responsibility for such injuries. Moreover, insofar as judges now also permit lawsuits against closely related parties, they arguably have expanded what it means for a harm to qualify as self-inflicted. Taking these various doctrinal developments to […]

Beware the Slender Man: Intellectual Property and Internet Folklore

Written by: Cathay Y. N. Smith

Abstract Internet folklore is created collaboratively within Internet communities—through memes, blogs, video games, fake news, found footage, creepypastas, art, podcasts, and other digital mediums. The Slender Man mythos is one of the most striking examples of Internet folklore. Slender Man, the tall and faceless monster who preys on children and teenagers, originated on an Internet […]

Dismantling Monuments

Written by: Richard H. Seamon

Abstract The Antiquities Act of 1906 authorizes the President to “declare” certain objects “to be national monuments,” and to “reserve parcels of land” to protect those national monuments. The Act does not expressly authorize the President to reduce or rescind a monument established by a prior President under the Act, and recent actions by President […]

The Stealth Revolution in Personal Jurisdiction

Written by: Michael H. Hoffheimer

Abstract Since 2011 the Roberts Court has decided six personal jurisdiction cases that impose significant new constitutional restrictions on the power of courts and limit plaintiffs’ access to justice. But the Court’s opinions explaining those decisions have repeatedly denied that the Court is altering settled law. This Article argues that the Court is engaged in […]

Cash Me Outside, Howbow Dah?–An Alternative to Wasteful Medical Spending In Terminally Ill Patients

Written by: Chris Loy

Abstract The U.S. health care system is an inefficient machine that is burdened by overconsumption and wasteful spending. The system has long defaulted into maximizing the quantity of life over quality—a choice influenced by corporations that stand to profit with every additional procedure. To stymie health care spending and attempt to restore the true cost […]