Volume 101
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ArticleVol. 101 · Iss. 3
The Ghosts of the Affordable Care Act
The Patient Protection and Affordable Care Act (ACA) is perhaps the most important piece of social legislation enacted in the United States in the…
Gabriel Scheffler -
ArticleVol. 101 · Iss. 3
Antitrust Regulation of Copyright Markets
Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and…
Jacob Noti-Victor & Xiyin Tang -
CommentaryVol. 101 · Iss. 3
Arbitrating Corruption
One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception.…
Rachel Brewster -
NoteVol. 101 · Iss. 3
Confounding Interests: Next-Best Alternatives to the Unattainable Notion of Complete Fairness in Cy-Pres-Only Class Action Settlements
Taken to its idealistic extent, the American legal system is designed to provide relief from harms through an efficient, effective, and fair process. It…
Lauryn Masters -
NoteVol. 101 · Iss. 3
Social Mission Impossible: Why Fiduciary-Like Obligations Must Protect Wholly Owned Benefit Corporations
In 2023, corporate social activism is all the rage. Surveyed investors and consumers both profusely indicate a preference for businesses to prioritize social pursuits…
Nick Pirsos -
ArticleVol. 101 · Iss. 2
The Major Questions Doctrine in the States
In West Virginia v. EPA and Biden v. Nebraska, the Supreme Court firmly established the major questions doctrine as a tool of statutory interpretation,…
Evan C. Zoldan -
ArticleVol. 101 · Iss. 2
Legal Ableism: A Systematic Review of State Termination of Parental Rights Laws
Although the fundamental right to raise a family is among our most cherished, it is not equally afforded to everyone. Indeed, the United States…
Robyn M. Powell -
ArticleVol. 101 · Iss. 2
The Common Ownership Tax Strategy
The recent mass shift by American retail investors into index funds has given rise to a modern form of common ownership. Significant stakes in…
Danielle A. Chaim -
CommentaryVol. 101 · Iss. 2
Corporate Consolidation of Rental Housing & the Case for National Rent Stabilization
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of…
Brandon Weiss -
NoteVol. 101 · Iss. 2
Fruit of the Poisonous Tree: Potential Eighth Amendment Protections for Inmates Subject to Sexual Victimization in the Post-Dobbs World
For years, federal courts have recognized the sexual victimization of inmates as cruel and unusual punishment under the Eighth Amendment. But it is unclear…
Elena LeVan -
NoteVol. 101 · Iss. 2
Ditching “DNA on Demand”: A Harms-Centered Approach to Safeguarding Privacy Interests Against DNA Collection and Use by Law Enforcement
In February 2022, news broke that the San Francisco Police Department had used a woman’s DNA collected years prior—as part of a rape examination—to…
Emma Kenny-Pessia -
ArticleVol. 101 · Iss. 1
The Territories Under Text, History, and Tradition
In two of its major decisions in the 2021–2022 Term, New York State Rifle & Pistol Ass’n v. Bruen and Dobbs v. Jackson Women’s…
Andrew Willinger