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Volume 109 - Issue 6

Graffiti, Speech, and Crime

By Jenny E. Carroll. Full text here. Graffiti resides at the uncomfortable intersection of criminal law and free speech rhetoric. It is not the shout of revolution to the gathered, protesting masses, or the political pamphlet flung from a 1920s window. Graffiti is not the obscene-rendered-political-jacketed protest of war, or a flag set aflame in the…

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Sanctuary Networks

By Rose Cuison Villazor and Pratheepan Gulasekaram. Full text here. Resistance to the Trump Administration’s immigration enforcement policies in the form of sanctuary has increased and spread. In addition to the traditional types of sanctuary such as sanctuary cities and churches, the past year has witnessed the proliferation of novel sites of sanctuary—workplaces, school districts, universities,…

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The Duty of Data Security

By William McGeveran. Full text here. With the increasing size and frequency of data breaches, several aspects of the law such as regulatory powers and penalties merit reconsideration. Some critics, however, have argued that the law makes the duty of data security inherently unclear—in the words of one legal brief, “an unknown (and unknowable) standard.”…

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Environmental Standards, Thresholds, and the Next Battleground of Climate Change Regulations

By Kimberly M. Castle and Richard L. Revesz. Full text here. This Article addresses a central battleground of the debate about the future of greenhouse gas regulations: the valuation of particulate matter reductions that accompany reductions in carbon dioxide emissions. The benefits from particulate matter reductions are substantial for climate change rules, accounting for almost…

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Campaigns, Inc.

by Robert Yablon, Full text here. Abstract: “Election campaigns have become the domain of a thriving industry of paid political service providers. While leading scholars in other fields regard the rise of the campaign industry as a defining feature of our nation’s politics, the industry is strikingly absent from the legal literature. This Article seeks…

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Note: Coerced into Health: Workplace Wellness Programs and Their Threat to Genetic Privacy

By Julia Wolfe. Full text here. Abstract: “Workplace wellness programs have proliferated in recent years, thanks to a convergence of forces: the Affordable Care Act, steeply rising medical costs, and high rates of obesity and chronic illness. While aiming to lower healthcare costs and increase employee productivity, these initiatives raise troubling privacy concerns, specifically in…

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Note: The Ghost of Salary Past: Why Salary History Inquiries Perpetuate the Gender Pay Gap and Should be Ousted as a Factor Other Than Sex

By Torie Abbott Watkins. Full text here. Abstract: “When filling out job applications, employers routinely ask, “how much money did you make at your last job?” This discrete question has come under judicial scrutiny as women begin to find out one thing: they are making less money than their male counterparts based on their salary history…

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Note: Superfund and Tort Common Law: Why Courts Should Adopt a Contemporary Analytical Framework for Divisibility of Harm

By Joshua M. Greenberg. Full text here. Abstract: “This Note discusses the Supreme Court’s 2009 Burlington Northern decision and the impact that it had on divisibility defenses to cost recovery actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). It surveys the thirty-three post-Burlington Northern cases dealing with apportionment of harm and concludes that…

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