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Volume 109 – Issue 4

Substance over Symbolism: Do We Need Benefit Corporation Laws?

BY CHENG-CHI (KIRIN) CHANG. Full essay here. Benefit corporation laws have gained traction as mechanisms to integrate societal and environmental objectives into business operations, yet they are arguably superfluous within the existing legal framework. The prevailing belief that corporations must prioritize shareholder wealth above all is not a legal imperative, as evidenced by the flexibility…

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Sprinting a Marathon: Next Steps for Gender Equity in Criminal Law Employment

By Maryam Ahranjani. Full Text. In an era when women’s hard-fought and hard-earned participation in the workforce is in peril, the ABA Criminal Justice Section’s Women in Criminal Justice Task Force (TF) continues its groundbreaking work of documenting challenges in hiring, retention, and promotion of women criminal lawyers. Sprinting a Marathon follows up on the…

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Civil Disobedience in the Face of Texas’s Abortion Ban

By Alexi Pfeffer-Gillett. Full Text. On September 1, 2021, the Supreme Court refused to block Texas Senate Bill 8 from going into effect, despite the bill overtly banning constitutionally protected access to abortions before fetal viability. The Court reasoned that because the statute only allowed for private plaintiffs—and not government officials—to bring civil lawsuits to…

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Cybersecurity for Idiots

By Derek E. Bambauer. Full Text. Cybersecurity remains a critical issue facing regulators, particularly with the advent of the Internet of Things. General-purpose security regulators such as the Federal Trade Commission continually struggle with limited resources and information in their oversight. This Essay contends that a new approach to cybersecurity modeled on the negligence per…

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The Federal Arbitration Act, Rules of Decision, and Congress’ Exercise of Judicial Power

By Anthony J. Meyer. Full Text.  Long before this Article’s germination, Professor David Schwartz quipped that the Federal Arbitration Act (FAA) “is unconstitutional . . . and no one has noticed.” The observation is both delightfully sardonic and—for a variety of reasons, including those expounded in this Article—true. Professor Schwartz asserts a brilliantly creative thesis…

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