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Volume 107 - Issue 2

Antitrust Reformers Should Consider the Consequences of Mandatory Treble Damages: What the Admonition Against Putting New Wine in Old Wineskins Can Teach Us About Antitrust Reform

By Henry J. Hauser, Tiffany L. Lee, and Thomas G. Krattenmaker. Full Text. The debate over antitrust reform is reaching a crescendo. Several proposals have been introduced in Congress and state legislatures to expand the scope of substantive antitrust rules governing marketplace behavior. Missing from the current discussion, however, is careful consideration of whether these…

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“What Has Always Been True”: The Washington Supreme Court Decides That Seizure Law Must Account for Racial Disparity in Policing

By Aliza Hochman Bloom. Full Text. In June, the Washington Supreme Court held that courts must consider an individual’s race as part of the totality of circumstances when determining whether that individual has been seized by a police officer. Like the Fourth Amendment of the U.S. Constitution, Washington’s parallel constitutional provision requires that the determination…

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Gruel and Unusual: Prison Punishment Diets and the Eighth Amendment

By Jackie Cuellar. Full Text.  For as long as prisons have existed, food has been used as a mechanism of prisoner control. One of the earliest forms of food as punishment was the aptly named “bread-and-water diet,” providing prisoners with just 700 calories per day. The diet was later deemed cruel and unusual in violation…

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The Diversity Formula: A Race-Neutral Playbook for Equitable Student Assignment and its Application to Magnet Schools

By Joshua Gutzmann. Full Text.  Contrary to the revisionist history told by some, Brown v. Board of Education did not mark a permanent end to school segregation. Indeed, by some measures, many school districts have experienced increases in racial and socioeconomic segregation over the past few decades. And the impact of this segregation manifests itself…

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Unprotected but Not Forgotten: A Call to Action to Help Federal Judiciary Employees Address Workplace Sexual Misconduct

By Theresa M. Green. Full Text.  Federal judiciary employees are not currently protected by Title VII of the Civil Rights Act of 1964—the federal statute that prohibits workplace discrimination, retaliation, and harassment based on, among other things, a person’s sex. In effect, this means federal judiciary employees are not adequately protected from sexual misconduct. Like…

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Optional Legislation

By Jacob Bronsther and Guha Krishnamurthi. Full Text.  Not since the nineteenth century has partisanship been this intense. The only thing that Democrats and Republicans can agree upon, it seems, is that “Washington is broken.” Beyond the chimeras of bipartisanship or enduring one-party rule, this Article proposes a new solution to legislative dysfunction in Washington:…

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Killing the Motivation of the Minority Law Professor

By Goldburn P. Maynard Jr. Full Text. This Essay hypothesizes that a significant number of minority junior scholars with radical or non-normative ideas forego those projects or mute them to fit their work within the dominant paradigm of legal scholarship. Even those who move forward and publish their radical or non-normative proposals spend significant time…

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Unsexing Breastfeeding

By Naomi Schoenbaum. Full Text.  For half a century, constitutional sex equality doctrine has been combating harmful sex stereotypes by invalidating laws that treat women as caregivers and men as breadwinners. Yet decades after the constitutional sex equality revolution unsexed parenting roles, one area of parenting has escaped this doctrine’s exacting gaze: breastfeeding. In the…

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Rethinking the Crime of Rioting

By Nick Robinson. Full Text. The fear of riots has long loomed large in the public imagination. This fear is at least partly justified. Riots can present unique challenges, both in the harm they can cause and in the government’s ability to control them. However, from the American colonies to the Civil Rights era, there…

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Citizenship Disparities

By Emily Ryo and Reed Humphrey. Full text.  Citizenship is “nothing less than the right to have rights,” wrote Chief Justice Warren in his Perez v. Brownell dissent. Yet no study to date has been able to systematically investigate agency decisions to grant or deny citizenship in an administrative process called naturalization adjudication. This Article…

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