Note: The Curious Case of Disparate Impact Under the ADEA: Reversing the Theory's Development into Obsolescence
By R. Henry Pfutzenreuter IV. Full text here. The present state of the economy places the nation’s older worker in a perilous situation. Employers, motivated by either the appearance of economic incentives or age-related stereotypes, are apt to seek savings in cost via large-scale reductions-in-force. The factors relied upon in executing these internal restructurings often serve…
Continue ReadingNote: From the Inside Out: Reforming State and Local Prostitution Enforcement to Combat Sex Trafficking in the United States and Abroad
By Moira Heiges. Full text here. Over the past eight years, federal and state governments have passed anti-trafficking laws and spent millions of dollars to combat sex trafficking. However, as evidenced by the minimal rate of convictions and the continually expanding sex trafficking market, these policies have not achieved proportionate results. This Note argues that without…
Continue ReadingClawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes
By Miriam A. Cherry & Jarrod Wong. Full text here. In the spring of 2009, public outcry erupted over the multi-million dollar bonuses paid to AIG executives even as the company was receiving TARP funds. Various measures were proposed in response, including a ninety percent retroactive tax on the bonuses, which the media described as a “clawback.”…
Continue ReadingUnited States Competition Policy in Crisis: 1890-1955
By Herbert Hovenkamp. Full text here. The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition theory. Given an industrial structure with sufficient fixed costs, competition always became “ruinous,” forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall…
Continue ReadingAggregating Probabilities Across Cases: Criminal Responsibility for Unspecified Offenses
By Alon Harel & Ariel Porat. Full text here. Should a court convict a defendant for unspecified offenses if there is no reasonable doubt that he committed an offense, even though no particular offense has been proven beyond a reasonable doubt? Suppose a defendant is charged with two unrelated offenses allegedly committed at different times and…
Continue ReadingCounsel and Confrontation
By Todd E. Pettys. Full text here. In a well-known series of decisions handed down over the past five years, the Supreme Court has firmly yoked its interpretation of the Confrontation Clause to Anglo-American common-law principles that were in place at the time of the Sixth Amendment’s ratification in 1791. Based on its understanding of those…
Continue ReadingNote: Embryo Adoption: The Solution to an Ambiguous Intent Standard
By Molly Miller. Full text here. When a person or couple elects to use in vitro fertilization to create embryos they often end up with more embryos than they need. Most fertilization clinics now require these people to specify what they want done with the remaining embryos (destruction, storage, donation to science, or donation to others…
Continue ReadingNote: Litigating the Contours of Constitutionality: Harmonizing Equitable Principles and Constitutional Values when Considering Preliminary Injunctive Relief
By Ryan Griffin. Full text here. Preliminary injunctions are a frequently sought form of relief in public law litigation. However, federal courts are inconsistent in the tests they employ to grant or deny this relief. Two recent cases, Winter v. Natural Resources Defense Council and Planned Parenthood v. Rounds, highlight a particularly important doctrinal grey area:…
Continue ReadingResponse Article, Speaking of Silence: A Reply to Making Defendants Speak
By Donald P. Judges & Stephen J. Cribari. Full text here. In this invited reply to an article recently published in the Minnesota Law Review, we concentrate on explaining why we do not share that article’s underlying antipathy to the Fifth Amendment right to silence at trial. That antipathy, also frequently expressed by other commentators, is…
Continue ReadingHard v. Soft Law: Alternatives, Complements, and Antagonists in International Governance
By Gregory C. Shaffer & Mark A. Pollack. Full text here. Understanding the interaction of international hard and soft law in a fragmented international law system is increasingly important in a world where international regimes are proliferating, but where there is no overarching legal hierarchy. This Article responds to the existing literature on hard and soft…
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