Arbitration Conflicts
By David L. Noll. Full text here. Abstract: “Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a substitute for litigation in public courts. Seeking to lower legal costs and protect themselves from entrepreneurial litigation, firms from Amazon to Wells Fargo have added arbitration clauses to their standard form…
Continue ReadingToo-Big-to-Fail Shareholders
By Yesha Yadav. Full text here. Abstract: “To build resilience within the financial system, post-2008 Financial Crisis regulation relies heavily on banks to fund themselves more fully by issuing equity. This reserve of value should buttress failing banks by providing a mechanism to pay off creditors and depositors and preserve the health of financial markets. In…
Continue ReadingNeuromarks
By Mark Bartholomew. Full text here. Abstract: “This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses…
Continue ReadingNote: Recognizing Transgender, Intersex, and Nonbinary People in Healthcare Antidiscrimination Law
By Derek Waller. Full text here. Abstract: “Transgender people face frequent discrimination in healthcare by both providers and insurers. Insurers often deny them coverage for transition-related and routine “sex-specific” services. Even those who can access healthcare services struggle to find in-network physicians who will provide care in a way that respects their sexual and gender identity.…
Continue ReadingNote: Licensing Liability: Responding to Judicial Expansion of Antitrust Enforcement in North Carolina Dental
By Lesley E. Roe. Full text here. Abstract: “With the Supreme Court’s 2015 decision in North Carolina Dental v. FTC, the legal exposure of 1790 state occupational licensing boards expanded dramatically. In North Carolina Dental, the Supreme Court held that, under certain circumstances, state licensing boards are subject to the prohibitions of federal antitrust law. Licensing…
Continue ReadingNote: Late for an Appointment: Balancing Impartiality and Accountability in the IRS Office of Appeals
By David Hahn. Full text here. Abstract: “The Internal Revenue Service (“IRS”) Office of Appeals employs a cadre of individuals to preside over “collection due process” hearings. These hearings are meant to avoid litigation in the United States Tax Court by resolving disputes internally. “CDP officers” exercise significant authority and discretion over taxpayers’ cases, and…
Continue ReadingAssessing Risk Assessment in Action
By Megan Stevenson. Full text here. Abstract: “Recent years have seen a rush toward evidence-based tools in criminal justice. As part of this movement, many jurisdictions have adopted actuarial risk assessment to supplement or replace the ad-hoc decisions of judges. Proponents of risk assessment tools claim that they can dramatically reduce incarceration without harming public safety.…
Continue ReadingThe Legal Implications of the MeToo Movement
By Elizabeth C. Tippett. Full text here. Abstract: “This Article examines the implications of the MeToo movement for employment law and employment practices. Employers are likely to face increased liability for harassment, as courts eventually update their standards for what qualifies as “severe or pervasive” harassment, and demand more of employers seeking to establish the Faragher/Ellerth…
Continue ReadingThe Trouble with Counting: Cutting Through the Rhetoric of Red Tape Cutting
By Jodi L. Short. Full text here. Abstract: “With the issuance of Executive Order 13,771, which requires agencies to repeal two regulations for every one they propose, regulation counting has become a cornerstone of deregulatory policy in the Trump Administration. This Article situates the 2- for-1 Order in a larger intellectual project that has long sought to…
Continue ReadingIn Memoriam: Judge Murphy’s Indian Law Legacy
By Kirsten Matoy Carlson. Full text here.
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