By Deborah A. Widiss. Full Text. The United States is the only developed country that fails to guarantee paid time off work to new parents. As a result, many new parents, particularly low-wage workers, are forced to go back to work within days or weeks of a birth or adoption. In recent years, a growing…

By Ramsi A. Woodcock. Full Text. Reforming antitrust’s rule of reason by shifting burdens of proof to defendants will not solve antitrust’s enforcement drought. For the drought is due in part to the cost to enforcers of identifying rule of reason cases to bring and not just to the cost of winning the cases that…

By Jacob Victor. Full Text.  Copyright’s fair use doctrine is increasingly applied to large-scale uses of creative works by new digital technologies, such as the Google Books Project. Such technologies—which the Second Circuit has recently come to call “utility-expanding”—allow the public to more productively use or efficiently access books, articles, music, films, and other copyrighted…

By Khaled A. Beydoun. Full Text.  From 2010 through the present, land-use discrimination against Muslims marked a prolific uptick—sixty percent greater than that of the post-9/11 period. Most startlingly, only twenty percent of Muslim land use disputes were resolved without a federal suit, compared to eighty-four percent of suits involving a non-Muslim claimant. This highlights…

By Anupam Chander, Margot E. Kaminski, and William McGeveran. Full Text.  The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have considered broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy…

By Miriam H. Baer. Full Text.  Long-established rules of constitutional criminal procedure empower the government to cheaply and efficiently demand information from businesses and corporations, even when those entities are themselves criminal and regulatory targets. These rules have become extremely valuable to government investigators, notwithstanding their contestable premises and wide-ranging effects on the people who…

By Alex Raskolnikov. Full Text.  What should the government do about the distribution of resources and outcomes in society? Two arguments have shaped academic debates about this question for several decades. The first argument states that economic regulation should focus on efficiency alone, leaving distributional considerations for the tax-and-transfer system. The second argument objects to…

By Benjamin Levin. Full Text.  As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutor.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold…