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When Play Becomes Work: Child Labor Laws in the era of “Kidfluencers”

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In the past few years, “kidfluencers,” or children with large social media followings, have been integral to the rise of an “$8-billion social media advertising industry. The most successful kidfluencers make up to “$26 million in a year by posting sponsored content and monetizing ad space on their social media pages. Because kidfluencers have no legal right to these earnings or safe working conditions, the risk of exploitation is extreme and immediate. Still, the issue is nuanced because parents significantly control the production of their children’s online content, and states are limited in how much they may regulate a parent’s decisions in raising their child.

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Outrageous Government (Mis)Conduct: Due Process as a Defense in Paid-Sex Sting Operations

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After paying for sex, the man was not charged with prostitution or solicitation: in fact, he was not charged at all. On the contrary,...

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Supreme Stalemates: Chalices, Jack-O’-Lanterns, and Other State High Court Tiebreakers

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High courts + high stakes = high drama. But not always. As the Supreme Court’s 2015 Term showed, some bombshell cases fizzle rather than...

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Heir Hunting

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For more than 150 years, companies called “heir hunters” have operated in the shadows of the court system. Heir hunters monitor probate filings to identify intestate decedents who have missing or unknown relatives. They then perform genealogical research, locate the decedent’s kin, and offer to inform them about their inheritance rights in exchange for a share of the property. States are sharply divided about whether to enforce contracts between heir hunters and heirs. This discord stems from the fact that we know virtually nothing about heir hunting.

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The Trump Administration: Immigration, Racism, and COVID-19

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Two of the most important issues defining the Trump Administration were the President’s response to the COVID-19 pandemic and the...

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High Tech Monopolies: Cutting the Gordian Knot With No-fault

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Nascent Competitors and Antitrust Enforcement Regulation and Digital Platforms (“Digital Platforms”) are excellent articles. Both raise...

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Rescuing Antitrust’s Role in Patent Holdup

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Standards, common platforms allowing products to work together, are ubiquitous in our economy. They allow consumers to know that their...

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Are There Really “Plenty of Shapiros Out There”? 
A Comment on the Courage of Norma L. Shapiro – Part One

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Abstract: Norma Levy Shapiro, a trailblazing jurist on the United States District Court for the Eastern District of Pennsylvania for nearly...

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The Post-Chicago Antitrust Revolution: A Retrospective

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A symposium examining the contributions of the post-Chicago School provides an appropriate opportunity to offer some thoughts on both the past and the future of antitrust. This afterword reviews the excellent papers presented with an eye toward appreciating the contributions and limitations of both the Chicago School, in terms of promoting the consumer welfare standard and embracing price theory as the preferred mode of economic analysis, and the post-Chicago School, with its emphasis on game theory and firm-level strategic conduct. It then explores two emerging trends, specifically neo-Brandeisian advocacy for abandoning consumer welfare as the sole goal of antitrust and the increasing emphasis on empirical analyses.

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