The Don Rowe Blog

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Apr 30

The Law of Deception

posted by Michael Kubik

The Law of Deception Amit Pundik* Introduction On July 19, 2010, the District Court of Jerusalem convicted Sabbar Kashur of rape.[1]  According to the revised indictment, Kashur, a married Arab man, presented himself to the complainant, whom he met by chance for the first time in downtown Jerusalem, as a Jewish bachelor interested in a […]

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Apr 30

A Statistical Analysis of Privacy Policy Design

posted by Michael Kubik

A Statistical Analysis of Privacy Policy Design Ari Ezra Waldman* Introduction Privacy policies are essential to the notice-and-choice approach to online privacy in the United States.[1]  They are at the core of the privacy jurisprudence of the Federal Trade Commission (FTC)[2] and the privacy policymaking of state attorneys general.[3]  And countless federal and state statutes […]

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Apr 18

Clarifying the “Probate Lending” Debate: A Response to Professors Horton and Chandrasekher

posted by Michael Kubik

Clarifying the “Probate Lending” Debate: A Response to Professors Horton and Chandrasekher Jeremy Kidd, Ph.D.* Introduction The debate over third-party funding of legal claims just got more interesting.  The debate already had plot twists, such as free-market scholars[1] lining up in opposition to the U.S. Chamber of Commerce[2] and alongside proplaintiff scholars[3] who they oppose […]

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Apr 15

Helpless Giants?  The National Park Service’s Ability to Influence and Manage External Threats to Redwood National and State Parks

posted by Michael Kubik

Helpless Giants?  The National Park Service’s Ability to Influence and Manage External Threats to Redwood National and State Parks Jack McLeod* Introduction National parks in the United States exist for two related yet opposed purposes: to preserve areas of national or scenic importance, and to provide for the enjoyment of said areas by the public.[1]  […]

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Apr 15

The Limits of Natural Law Originalism

posted by Michael Kubik

The Limits of Natural Law Originalism Mikołaj Barczentewicz* Introduction In Enduring Originalism,[1] Jeffrey Pojanowski and Kevin C. Walsh outline how originalism in constitutional interpretation can be grounded in modern natural law theory as developed by John Finnis.  Their argument to that effect is powerful and constitutes a welcome addition both to natural law theory and […]

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Apr 15

Employment Division v. Smith and State Free Exercise Protections: Should State Courts Feel Obligated to Apply the Federal Standard in Adjudicating Alleged Violations of Their State Free Exercise Clauses?

posted by Michael Kubik

Employment Division v. Smith and State Free Exercise Protections: Should State Courts Feel Obligated to Apply the Federal Standard in Adjudicating Alleged Violations of Their State Free Exercise Clauses? Matthew Linnabary* In Employment Division v. Smith,[1] the Supreme Court dialed back the level of scrutiny it would apply to claims of violations of the Free […]

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Apr 15

Islam and Religious Freedom: The Experience of Religious Majorities and Minorities

posted by Michael Kubik

Islam and Religious Freedom: The Experience of Religious Majorities and Minorities Brett G. Scharffs* Introduction One of the most interesting stories in the history of religious freedom is the journey of the Catholic Church, from being perhaps the most powerful institution on earth opposed to religious freedom in the eighteenth and into the nineteenth centuries, […]

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