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This Article presents a model of the lawmakers' choice between implementing a new content moderation regime that provides for platform liability for user-generated content versus continuing platform immunity for the same. The model demonstrates that lawmakers prefer platform immunity, even if...
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Few corporate law doctrines have undergone more radical change but remain without clear restatement than successor liability. While other doctrines have received sustained empirical and theoretical attention, successor liability remains confused and understudied. This Article presents for the...
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Bargaining is a fundamental characteristic of many markets and legal disputes, but it can be a source of inefficiency. Buyers often waste resources by searching for information about past prices, where a seller already holds that information. A second – and novel – source of social loss is...
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Algorithms have found their way into courtrooms, college admission committees, and human resource departments. While defendants and other disappointed parties have challenged the use of algorithms on the basis of due process or similar objections, it should be expected that they will also...
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State bar associations require bar applicants to pass the Multistate Professional Responsibility Examination over a range of scores and earn a variable number continuing legal education credits in ethics annually. Panel data from 2007-2014 across the fifty states and the District of Columbia are...
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Time is a lawmaking tool, and one that is available to all lawmakers. New law can be applied retroactively or prospectively, and it can be done so with a vengeance; a statute or judicial decision might apply only to events that took place before some past date or only to transactions in the...
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