Volume 110

In Tribute: Judge J. Harvie Wilkinson III

On the occasion of Judge J. Harvie Wilkinson’s fortieth year on the bench, these Essays honor his contributions to the U.S. Court of Appeals for the Fourth Circuit, to American law, and to the lives of his clerks and colleagues..

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Volume 110 / Issue 5

The “New” Drug War

American policymakers have long waged a costly, punitive, racist, and ineffective drug war that casts certain drug use as immoral and those who engage in it as deviant criminals. The War on Drugs has been defined by a myopic focus on controlling the …

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Volume 110 / Issue 5

A Case of Mistaken Authority: Reconciling Illinois v. Rodriguez, Originalism, and the Common Law

In the last few decades, the Supreme Court has largely turned to a history-based, originalist approach to the Fourth Amendment. Many scholars have been quick to laud the change, criticize the methodology, or argue their views of the historical …

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Volume 110 / Issue 5

Internet Technology Companies as Evidence Intermediaries

Search warrants, subpoenas, and other forms of compulsory legal process are essential for legal parties to gather evidence. Internet technology companies increasingly control wide-ranging forms of evidence, yet little is known about how these …

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Volume 110 / Issue 5

A Law Unto Oneself: Personal Positivism and Our Fragmented Judiciary

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The jurisprudential theory is “personal positivism,” which holds that each judge’s publicly known rules of decision …

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ONLINE EDITION

In Tribute: Judge J. Harvie Wilkinson III

On the occasion of Judge J. Harvie Wilkinson’s fortieth year on the bench, these Essays honor his contributions to the U.S. Court of Appeals for the Fourth Circuit, to American law, and to the lives of his clerks and colleagues..

110 Va. L. Rev. Online 248

Consent and Compensation: Resolving Generative AI’s Copyright Crisis

Generative artificial intelligence (AI) has the potential to augment and democratize creativity. However, it is undermining the knowledge ecosystem that now sustains it. Generative AI may unfairly compete with authors, journalists, and other …

By Frank Pasquale and Haochen Sun
110 Va. L. Rev. Online 207

How to Think About the Removal Power

In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove executive officers, at least those who are presidentially appointed. In this Essay, we expand on, and …

By Aditya Bamzai and Saikrishna Bangalore Prakash
110 Va. L. Rev. Online 159
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