By Rachel A. Kitze. Full text here. Technological improvements to a drilling technique known as hydraulic fracturing have opened up access to a century’s supply of natural gas across the United States. The cities and towns that sit above these vast deposits, however, are increasingly concerned about the transformative effect of the fracking industry on their…

By Edwin W. Stockmeyer. Full text here. One consequence of the Supreme Court’s landmark decisions in Twombly and Iqbal is the reassessment of pleading standards occurring in state appellate courts. Most of these courts have rejected the new plausibility standard in favor of rules designed to allow more claims to proceed to discovery. Thus, although pleading…

By Talon Powers. Full text here. After the Supreme Court’s decision in American Needle, Inc. v. National Football League in 2010, the National Football League’s (NFL) ability to license league intellectual property as a collective whole has been called into question. If the caselaw that emerges from American Needle completely precludes the League from being treated…

By Anne M. Dwyer. Full text here. Challenged by explosive growth in Medicaid enrollment and devastating budget shortfalls, Medicaid provider payments have become a primary target of many state budget-cutting measures. This has left many of the sixty million Americans who rely on Medicaid without access to needed care. Traditionally, Medicaid beneficiaries and providers have relied…

By Sarah Clark. Full text here. In its wake, commercial bribery leaves increased costs of business, decreased governmental standards and honesty, and a culture of corruption. To combat, and hopefully correct, the evils of corporate bribery, governments have enacted laws to prosecute those willing to pay bribes to garner unfair competitive advantages. Since 1977, the Foreign…

By Ronald F. Wright. Full text here. In this response piece, Ronald F. Wright considers Notice-and-Comment Sentencing by Richard A. Bierschbach and Stephanos Bibas, 97 Minn. L. Rev. 1 (2012).

By Emily McNee. Full text here. Engaging in speech on Facebook has led teachers to be investigated, suspended, and even fired. The nature of online speech on social networking websites like Facebook presents novel concerns in First Amendment law. As Facebook and other forms of social media have become increasingly popular, teachers have been disciplined and…

By Steven A. Platt. Full text here. More and more people are growing food in urban environments. The benefits of urban farming are well documented. The government sees increased economic activity, society enjoys new social and educational opportunities and blight reduction, and the individuals farming eat inexpensive, fresh, locally sourced food. However, cities have fostered and…

By Heather Baird. Full text here. Soaring health care expenditures coupled with plummeting insurance coverage suggest something is seriously wrong with the American health care system. One way that the ACA proposes to control health care costs is through support for employee wellness program initiatives. Wellness programs with financial incentives based upon health status risk create…

By Chris Schmitter. Full text here. Congress regularly enacts complex laws that require administrative agencies to promulgate rules by specific deadlines. Yet, as agencies do the work of creating rules and, from time to time, miss statutory deadlines, a question remains as to whether an agency can promulgate a rule that is retroactive to the statutory…