Volume 111 / Issue 5

Free Speech, Breathing Space, and Liability Insurance

An important piece of the “speech-tort” picture has been almost completely missing from doctrinal and policy analysis: the role played by liability insurance in protecting speech. In New York Times Co. v. Sullivan, the Supreme Court began adopting …

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Volume 111 / Issue 5

Deterring Unenforceable Terms

Contract law doesn’t work the way most people—that is, most nonlawyers—think it works. People think that if they agree to a contract, they are bound by its terms—no matter if those terms are unfair or legally unenforceable. But that’s not correct. …

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Volume 111 / Issue 5

The Association Game: Applying Noscitur a Sociis and Ejusdem Generis

The Supreme Court has applied noscitur a sociis, often called the associated words canon, in many notable decisions—including the recent Fischer v. United States. This canon has a longstanding history in American jurisprudence, but interpreters …

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Volume 111

Neo-Brandeis Goes to Washington: A Provisional Assessment of the Biden Administration’s Antitrust Record

In early 2021, a new coterie of trustbusters came to Washington with the stated purpose of radically overhauling the antitrust status quo. The three central figures—Federal Trade Commission (“FTC”) Chair Lina Khan, Department of Justice (“DOJ”) …

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Volume 111

Fourth Amendment Trespass and Internet Search History

Browsing the internet is an everyday activity for many Americans. Law enforcement has capitalized on this reality by employing a novel investigative technique: reverse keyword search warrants. Keyword warrants allow investigators to obtain detailed …

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ONLINE EDITION

Neo-Brandeis Goes to Washington: A Provisional Assessment of the Biden Administration’s Antitrust Record

In early 2021, a new coterie of trustbusters came to Washington with the stated purpose of radically overhauling the antitrust status quo. The three central figures—Federal Trade Commission (“FTC”) Chair Lina Khan, Department of Justice (“DOJ”) …

By Daniel A. Crane
111 Va. L. Rev. Online 215

Fourth Amendment Trespass and Internet Search History

Browsing the internet is an everyday activity for many Americans. Law enforcement has capitalized on this reality by employing a novel investigative technique: reverse keyword search warrants. Keyword warrants allow investigators to obtain detailed …

By Alec J.H. Block & Joseph W. Paul
111 Va. L. Rev. Online 188

Free Speech as White Privilege: Racialization, Suppression, and the Palestine Exception

Free speech is under siege. This is not to say that all speakers and viewpoints are at equal risk—some voices receive support and protection, while others are subject to threats and suppression. Pro-Palestinian speech falls into the latter category. …

By René Reyes
111 Va. L. Rev. Online 166
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