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…
Continue ReadingAn 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…
Continue ReadingThe 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…
Continue ReadingWinning What’s Owed: A Litigative Approach to Reparations
By Daniel P. Suitor. Full Text. The continuing effects of slavery are still felt by millions of Black Americans today. A century-and-a-half after the formal end of their enslavement, Black people still suffer the deleterious effects of systemic racism in fundamental areas of their lives. The persistent disparities in health, economic, education, and carceral outcomes…
Continue ReadingWhose Data Anyway? The Inconsistent and Prejudicial Application of Ascertainability in Data Privacy Class Actions
By Nathan Webster. Full Text. Data breaches are increasingly common. As the frequency of data breaches increases, so too does the frequency of data privacy class action suits. However, as plaintiffs overcome longstanding obstacles to class certification, new challenges are emerging. One issue poses a particular challenge for data privacy plaintiffs: the heightened ascertainability requirement.…
Continue ReadingUsing Community Benefits to Bridge the Divide Between Minnesota’s Nonprofit Hospitals and Their Communities
By Meredith Gingold. Full Text. Nonprofit hospitals receive numerous state and federal tax exemptions. In return, communities expect that hospitals will give back what they can. This giving, called “community benefits,” can take many forms including money spent on educating a hospital’s doctors and residents, free or discounted care to low-income patients, and Medicaid shortfalls—the…
Continue ReadingSomebody’s Tracking Me: Applying Use Restrictions to Facial Recognition Tracking
By Matthew E. Cavanaugh. Full Text. Facial recognition tracking is the use of facial recognition technology to track a person’s movements based on the appearance of their face at particular locations. It is one of many rapidly advancing technologies that are forcing a judicial reckoning with how the Fourth Amendment right against unreasonable searches applies…
Continue ReadingReengineering Financial Market Infrastructure
By David A. Wishnick. Full Text. Scholars often portray financial regulators as eternal followers of the private sector, ever struggling to “keep pace” with technological change. But the image of the reactive, pace-keeping regulator obscures as much as it reveals. This Article challenges the conventional depiction by highlighting regulatory efforts to reengineer the infrastructure of…
Continue ReadingDisability Admin: The Invisible Costs of Being Disabled
By Elizabeth F. Emens. Full Text. Disability law has failed to account for a form of labor that especially burdens people with disabilities. That labor is the office-work of life, also called life admin. Disability spurs three main forms of life admin: medical admin, benefits admin, and discrimination admin. First, the managerial and secretarial labor…
Continue ReadingSubverting Title IX
By Emily Suski. Full Text. Thousands of sexual assaults happen to children in K–12 public schools each year, but the federal courts regularly allow the schools to do almost nothing in response. Title IX exists to ensure that public schools protect students from sexual assaults, harassment, and other forms of sex discrimination. Yet, the federal…
Continue Reading