Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child
By Camille Gear Rich. Full Text. This Article asks a fundamental question: Why does a society ostensibly committed to racial equality allow players in the assisted reproductive technology (ART) market to buy and sell race? As consumers in the ART market well know, human gametes (both eggs and sperm) are packaged, marketed, and sometimes priced…
Continue ReadingJumping Hurdles To Sue the Police
By Sunita Patel. Full Text. The view that the Supreme Court has limited judicial review of unconstitutional government practices is evident in varied quarters of legal scholarship. With respect to structural reform litigation against the police there are good reasons for pessimism, particularly when considering three particular lines of Supreme Court case law. City of…
Continue ReadingFighting for Attention: Democracy, Free Speech, and the Marketplace of Ideas
By G. Michael Parsons. Full Text. The marketplace of ideas features prominently in First Amendment doctrine, with the Supreme Court invalidating laws that purportedly interfere with the free flow of information through society. Yet, the modern version of the market metaphor rests entirely upon contradictory conceptual assumptions, false empirical premises, and an unsupported historical narrative.…
Continue ReadingThe Public Use of Reparations: How Land-Based Reparations Can Satisfy the Public Use Requirement of the Takings Clause
By Jack Davis. Full Text. After the horror of slavery, African Americans faced another obstacle to equality. Their lack of property created an intergenerational wealth problem that persists today. A Congressional act of reparations designed with housing in mind could strengthen our nation’s moral fabric while supporting economic activity for beneficiaries both in the present…
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Space: The Final Next Frontier
By Bonny Birkeland. Full Text. This Note explores the implications of the use of force in outer space under the current space and jus in bello regimes. By looking at the use of kinetic and direct energy ASATs under a proportionality calculus, this Note proposes a new consideration framework which outlines what a State actor…
Continue ReadingA [Relational] Theory of Procedure
By Justin Sevier. Full Text. Policymakers continue to grapple with the fundamental question of how to maximize the institutional legitimacy of legal conflict resolution. Recently, prominent scholars have begun advocating for a value-based approach to legal regulation, which seeks to maximize voluntary compliance with the law because members of the public believe that legal institutions…
Continue ReadingOrganizational Justice and Antidiscrimination
By Bradley A. Areheart. Full Text. Despite eighty years of governmental interventions, the legal system has proven ill-equipped to address workplace discrimination. Potential plaintiffs are reluctant to file discrimination claims for a host of social and economic reasons, and the relatively few who do file face steep structural barriers. This Article argues that the most…
Continue ReadingDeal Insurance: Representation and Warranty Insurance in Mergers and Acquisitions
By Sean J. Griffith. Full Text. Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give…
Continue ReadingUnraveling the Tax Treaty
By Rebecca M. Kysar. Full Text. Coordination among nations over the taxation of international transactions rests on a network of some 2000 bilateral double tax treaties. The double tax treaty is, in many ways, the roots of the international system of taxation. That system, however, is in upheaval in the face of globalization, technological advances,…
Continue ReadingUncorporate Insider Trading
By Peter Molk. Full Text. Insider trading restrictions rely on the existence of fiduciary duties. Developed at a time when company executives owed mandatory fiduciary duties to the company and its owners, the fiduciary duty requirement is routinely satisfied for a range of quintessential insider trading situations. However, new “uncorporate” entity forms—limited liability companies and…
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