By Jenny E. Carroll. Full text here. Graffiti resides at the uncomfortable intersection of criminal law and free speech rhetoric. It is not the shout of revolution to the gathered, protesting masses, or the political pamphlet flung from a 1920s window. Graffiti is not the obscene-rendered-political-jacketed protest of war, or a flag set aflame in the…

By Rose Cuison Villazor and Pratheepan Gulasekaram. Full text here. Resistance to the Trump Administration’s immigration enforcement policies in the form of sanctuary has increased and spread. In addition to the traditional types of sanctuary such as sanctuary cities and churches, the past year has witnessed the proliferation of novel sites of sanctuary—workplaces, school districts, universities,…

By William McGeveran. Full text here. With the increasing size and frequency of data breaches, several aspects of the law such as regulatory powers and penalties merit reconsideration. Some critics, however, have argued that the law makes the duty of data security inherently unclear—in the words of one legal brief, “an unknown (and unknowable) standard.”…

By Kimberly M. Castle and Richard L. Revesz. Full text here. This Article addresses a central battleground of the debate about the future of greenhouse gas regulations: the valuation of particulate matter reductions that accompany reductions in carbon dioxide emissions. The benefits from particulate matter reductions are substantial for climate change rules, accounting for almost…

by Robert Yablon, Full text here. Abstract: “Election campaigns have become the domain of a thriving industry of paid political service providers. While leading scholars in other fields regard the rise of the campaign industry as a defining feature of our nation’s politics, the industry is strikingly absent from the legal literature. This Article seeks…

By Kimberly Jenkins Robinson. Full text here. Abstract: “Many celebrated the 2015 passage of the Every Student Succeeds Act, the most recent reauthorization of the Elementary and Secondary Education Act of 1965, as a much-needed reduction in the federal footprint in the nation’s public schools. It repealed the prescriptive interventions into failing schools in the No Child…

By Darryl K. Brown. Full text here. Abstract: “Despite mass incarceration and overcriminalization, underenforcement of criminal law is an endemic problem. It is the target of prominent reform movements, notably with regard to inadequate prosecution of police violence and sexual assaults; biased nonenforcement parallels biased overenforcement. Justice systems recognize this problem and adopt a variety of…

By Jennifer Bennett Shinall. Full text here. Abstract: “Just forty years ago, employers legally could—and often would—discriminate against pregnant women in the workplace. Employment discrimination protections for pregnant women have vastly expanded since that time with the passage of the Pregnancy Discrimination Act (PDA) in 1978 and the Americans with Disabilities Act (ADA) in 1990. The…

By David L. Noll. Full text here. Abstract: “Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a substitute for litigation in public courts. Seeking to lower legal costs and protect themselves from entrepreneurial litigation, firms from Amazon to Wells Fargo have added arbitration clauses to their standard form…

By Yesha Yadav. Full text here. Abstract: “To build resilience within the financial system, post-2008 Financial Crisis regulation relies heavily on banks to fund themselves more fully by issuing equity. This reserve of value should buttress failing banks by providing a mechanism to pay off creditors and depositors and preserve the health of financial markets. In…