Emory Law Scholarly Commons

Recommended Citation Adji Ostin, Fresh Start or False Promise? Addressing Black Student Loan Debt Through Bankruptcy, 42 Emory Bankr. Dev. J. 505 (2026). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/7

Recommended Citation Ashley Deady, Bankruptcy’s Blind Spot: An Examination of How the System Turns its Back on Mentally Ill Debtors, 42 Emory Bankr. Dev. J. 463 (2026). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/6

John P. Hunt, Priority Treatment of Fraud Claims in Bankruptcy, 42 Emory Bankr. Dev. J. 417 (2026). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/5

Recommended Citation Anthony J. Casey & Aurelio Gurrea-Martinez, Rethinking Priority Rules in Insolvency, 42 Emory Bankr. Dev. J. 369 (2026). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/4

Recommended Citation Jack Butler, Acceptance Remarks for the 2026 Distinguished Service Award for Lifetime Achievement: Reflections on Journey, Learning and Paying It Forward, 42 Emory Bankr. Dev. J. 359 (2026). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/3

Recommended Citation Michelle Harner, Opening Remarks Disruptor, Innovator, Philanthropist: John William Butler, Jr. (A/K/A Jack Butler), 42 Emory Bankr. Dev. J. 353 (2026). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/2

Jackson A. Brown, Introduction: A Tribute to Jack Butler, 42 Emory Bankr. Dev. J. 351 (2026). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol42/iss3/1

Across different legal domains, liability doctrines recognize the value of community input. But do courts truly listen to the community’s voice when deciding these sorts of cases? This study is the first to explore how courts treat community opinion survey evidence within both civil and criminal law. To that end, we comprehensively examine trademark, false advertising, patent, antitrust, obscenit…

This Essay explores what the ongoing politicization of Americans’ relationships to and through the technologies they use to interact online might come to mean for the workings of American government and for the constitutional law questions—especially First Amendment and separation-of-power questions—that depend on those workings. James Madison described the workings of government as a function of…

This Article tells the inside story of the rise, spread, and evolution of trust and safety. We bring unique perspectives to this story. One of us (Citron) was on the inside, advising many tech companies over the years on how to create healthy digital environments. The other (Waldman) was on the outside, observing, through field research, how tech companies respond to and translate law into their …

Historically, courts, jurists, legislatures, and scholars have recognized that some businesses provide important services to society in sectors in which competition is unlikely to achieve the public interest. Policymakers adopted statutes that comprehensively regulated the market structure and operations of these businesses as public utilities, including, among other things, by determining entry …

Recent statutes and lawsuits have sought to restrict social media or video game design practices that supposedly cause some users to become “addicted.” Are such restrictions consistent with the First Amendment? This Article begins by asking what would happen if the same arguments were applied to religious practices (whether or not the arguments’ supporters would seek to so apply them). Say some r…

For over two decades, there has been a heated debate among legal scholars, activists, judges, and others about the scope of Section 230 of the Communications Decency Act. A persistent theme in those debates has been hyperbolic claims about the necessity of immunity from state laws for digital tech platforms and fearmongering that anything less than maximum immunity will destroy the Internet. This…

Moonlighting, side hustles, and part-time jobs often refer to secondary employment pursued by employees. While the terminology may vary, the underlying reality remains the same: Legal protections against an employer’s ability to restrict such activities are limited. Nothing stops employers from implementing policies or employment contracts prohibiting participation in additional employment. For m…

Increasingly, our lives are being dominated by algorithms. From social media feeds to credit scoring, algorithms play a major role in our day-to-day lives, whether we recognize it or not. An emerging issue in the modern technology landscape is the potential for algorithms to cause anticompetitive harm to free markets. As pricing algorithms become more advanced and more widespread, they could faci…

Although the Individuals with Disabilities Education Act (“IDEA”) has long aimed to extend what it calls a “free appropriate public education” to all students with disabilities, one demographic group—students from lower-income homes—has consistently been left behind. Securing a remedy under the IDEA’s highly technical rules and impermeable evidentiary standards increasingly requires the assistanc…

This Article examines an underappreciated bias that has long pervaded U.S. legal culture: an exceedingly enthusiastic view of technology and technological progress. It adopts the term “techno-optimism” to describe an asymmetrically positive view of innovation that extols its benefits, minimizes its harms, and elides much of its complexity. The recent rise of more skeptical attitudes toward techno…

Despite the passage of the Americans with Disabilities Act of 1990 (ADA), disabled Americans face substantial barriers to entry into the workplace, lack material supports including health care and transportation, and may not receive reasonable accommodation that best supports their functioning. In addition, individuals with impairments have difficulty qualifying as disabled for disability protect…

Comparative research on law and legal institutions depends on high-quality data infrastructure. This article introduces the Australian High Court Database—a new resource that encodes structured information on all full judgments of the High Court of Australia between 1995 and 2020, and all leave applications (Australia’s equivalent to petitions for certiorari) from 2003 to 2018. The database is bu…