Prof. Adam Kolber's theory on punishment calibration is a novel and interesting way to approach the problem of personality differences among prisoners and the questions those differences raise for classical retributivist and consequentialist punishment theories. However, there are problems of...

This comment focuses on the application of Dormant Commerce Clause principles in one specific context, co-extensive regulatory disputes between tribes and States. Such an approach is not alien to guiding dormant commerce jurisprudence. The interests balancing approach found within White Mountain...

This Article offers a comprehensive examination of the Skidmore standard for judicial review of agency legal interpretations as applied by the courts in the period since the Supreme Court revitalized Skidmore in United States v. Mead Corp. First, the Article documents an empirical study of five...

This written statement addresses several of the questions raised regarding the potential legalization of betting and gambling in India. Of the five questions posed in the Appeal, dated May 30, 2017, I address only the first two: 1) “Will legalizing betting and gambling help in curbing the...

This article is about the origins, betrayal, and litigation of a promise of law. In 1942, while it ordered the internment of 21,457 Canadians of Japanese descent, the Canadian government enacted orders-in-council authorizing the Custodian of Enemy Property to seize all real and personal property...

Competitive video gaming is rapidly gaining mainstream attention. Major U.S. television networks have commenced broadcasting such competitions. The term esports has been assigned to the practice, but it remains to be seen whether lawmakers and regulators agree that the contests are indeed...

In Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010), the Supreme Court held that a service station franchisee pursuing a claim of constructive termination against the franchisor must, under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1978), abandon the...

On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...

In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For example, when a patient ingests a therapeutic drug, that drug is often...

Unlike traditional antitrust analysis, a behavioural approach to antitrust law and economics is grounded in empirical observations of human behaviour. These reveal that judgments and decisions by real decision-makers in the market deviate systematically from those predicted by the rational...