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Volume 108 - Issue 6

Changing the Student Loan Dischargeability Framework: How the Department of Education Can Ease the Path for Borrowers in Bankruptcy

By Pamela Foohey, Aaron S. Ament, & Daniel A. Zibel. Full Text. The United States’ consumer bankruptcy system supposedly gives “honest but unfortunate” individuals “a new opportunity in life with a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.” Access to bankruptcy’s discharge of debt is especially important in…

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Entrenched Racial Hierarchy: Educational Inequality from the Cradle to the LSAT

By Kevin Woodson. Full Text. For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America’s law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily…

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Reclaiming the Long History of the “Irrelevant” Nineteenth Amendment for Gender Equality

By Tracy Thomas. Full Text. The Nineteenth Amendment has been called an “irrelevant” amendment. The women’s suffrage amendment has been deemed insignificant as a constitutional authority, reduced to a historical footnote. In the Supreme Court canon, it has been diminished as a text that “merely gives the vote to women.” With the accomplishment of that…

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Glass Ceilings, Glass Walls: Intersections in Legal Gender Equality and Voting Rights One Hundred Years After the Nineteenth Amendment

Symposium Foreword by Jessica Szuminski. Full Text. The Nineteenth Amendment was a milestone for women’s rights but has often been criticized for being passed at the expense of people of color. Though a significant milestone, the Nineteenth Amendment was certainly not an endpoint for equality for women and in voting rights. In the one hundred…

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An Overlooked Dimension to OIRA Review of Tax Regulatory Actions

By Kristin E. Hickman. Full Text.  In April 2018, the Treasury Department and the Office of Information and Regulatory Affairs (OIRA) signed a Memorandum of Agreement reversing an exemption and providing for the first time that significant tax regulatory actions would be subject to OIRA review under Executive Order 12866. The transition to the Biden…

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The Rule of Reason as a Discovery Procedure: A Response to Ramsi Woodcock’s Hidden Rules of a Modern Antitrust

By Geoffrey A. Manne. Full Text.  In The Hidden Rules of a Modern Antitrust, Ramsi Woodcock argues that courts’ systematic use of the rule of reason, which underpins most of contemporary antitrust law, effectively amounts to an unwarranted blanket exemption from liability for potentially egregious practices. According to Woodcock, this is due to the interaction between…

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