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Category: Print Volume 108

Article

Addiction and Liberty

Matthew B. Lawrence

Associate Professor of Law, Emory Law; Affiliate Faculty, Harvard Law School, Petrie-Flom Center for Health Law Policy, Bioethics, and Biotechnology.

This Article explores the interaction between addiction and liberty and identifies a firm legal basis for recognition of a fundamental constitutional right to freedom from addiction. Government interferes with freedom from addiction when it causes addiction or restricts addiction treatment, and government may protect freedom from addiction through legislation empowering individuals against private actors’ efforts…

Apr 2023

Article

Municipal Failures

Nancy Leong

William M. Beaney Memorial Research Chair and Professor of Law, University of Denver Sturm College of Law.

Calls for reforming the civil rights enforcement regime often focus on individual government officers. Recent years have brought demands to abolish qualified immunity—a defense that protects individual officers from liability so long as they did not violate clearly established law—and to end indemnification—a practice in which government employers satisfy judgments against their employees. This Article…

Apr 2023

Note

Unequal Protection: Challenges to Serious Mental Illness Exemptions from the Death Penalty

Claire M. Piorkowski

J.D. Candidate, Cornell Law School, 2023; B.A. in Political Science, University of Cincinnati, 2020.

This Note explores the contention that Ohio House Bill 136 and similar proposed bills with a diagnosis-based categorical approach to death penalty exemptions violate seriously mentally ill individuals’ rights under the Equal Protection Clause of the Fourteenth Amendment by limiting the scope of eligible mental illnesses to a narrow subset of specified disorders. This Note…

Apr 2023

Note

Politicization of State Attorneys General: How Partisanship is Changing the Role for the Worse

Marissa A. Smith

J.D. Cornell Law School; B.S. University of Texas at Austin.

The position of State AG has long been said to stand for ‘Aspiring Governor’ rather than Attorney General. It is remarkable how the significance of that joke has changed as the role has become one of the most influential in the country.2 What began as insolent mockery is now a fearsome truth. State attorneys general…

Apr 2023

Article

If We Build It, Will They Legislate? Empirically Testing the Potential Testing the Potential of the Nondelegation Doctrine to Curb Congressional “Abdication”

Daniel E. Walters & Elliot Ash

Associate Professor of Law, Texas A&M University School of Law & Assistant Professor, Law, Economics, and Data Science, ETH Zurich.

A widely held view for why the Supreme Court would be right to revive the nondelegation doctrine is that Congress has perverse incentives to abdicate its legislative role and evade accountability through the use of delegations (either expressly delineated or implied through statutory imprecision), and that enforcement of the nondelegation doctrine would correct for those…

Apr 2023

Article

Privacy Pretexts

Rory Van Loo

Boston University School of Law and Affiliated Fellow, Yale Law School Information Society Project

Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Tech companies like Amazon, Meta (Facebook), and Alphabet (Google) wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by…

Mar 2023

Note

The Borderline of Crime: The Case for Reevaluating United States v. Bowman & Vigorously Applying the Presumption Against Extraterritoriality to Federal Criminal Statutes

Danielle T. Dominguez

J.D., Cornell Law School, 2023; B.A., Claremont McKenna College, 2019

In Part I, this Note will provide background information on extraterritoriality. This Note will define extraterritoriality and expand upon the crucial role of the presumption against extraterritoriality in determining the jurisdictional reach of federal statutes. This Note will also expand on the unique history of extraterritoriality in federal statutory jurisprudence. Furthermore, this Note will identify…

Mar 2023

Article

The Undemocratic Roots of Agency Rulemaking

Emily S. Bremer

Associate Professor of Law, University of Notre Dame Law School

Americans often credit—or blame—Congress for the laws and policies that govern their lives. But Congress enacts broad statutes that give federal administrative agencies the primary responsibility for making and enforcing the regulations that control American society. These administrative agencies lack the political accountability of those in public office. To address this democratic deficit, an agency…

Mar 2023

Note

Standing Up to TransUnion: How FDCPA Plaintiffs Can Satisfy TransUnion’s Heightened Concrete Injury Standard

Joseph P. Teknus

J.D., Cornell Law School, 2023; B.A. in Economics and History, William & Mary, 2020.

After noticing a pervasive, nationwide problem, Congress enacts legislation. The legislation creates new, individual rights and gives private citizens the ability to vindicate those rights in federal court. The idea is simple: to attack the problem, Congress empowers private citizens to hold violators accountable. But if a plaintiff sues a violator, are there any federal…

Mar 2023

Article

Forced Remote Arbitration

David Horton

Martin Luther King Jr. Professor of Law, University of California, Davis, School of Law

Courts responded to COVID-19 by going remote. In early 2020, as lockdown orders swept through the country, virtual hearings—which once were rare—became common. This shift generated fierce debate about how video trials differ from in- person proceedings. Now, though, most courts have reopened, and the future of remote trials is unclear. However, the pandemic also…

Mar 2023

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