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…
Continue ReadingNote: 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…
Continue ReadingNote: 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…
Continue ReadingRestructuring the Elementary and Secondary Education Act’s Approach to Equity
By Kimberly Jenkins Robinson. Full text here. Abstract: “Many celebrated the 2015 passage of the Every Student Succeeds Act, the most recent reauthorization of the Elementary and Secondary Education Act of 1965, as a much-needed reduction in the federal footprint in the nation’s public schools. It repealed the prescriptive interventions into failing schools in the No Child…
Continue ReadingCriminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
By Darryl K. Brown. Full text here. Abstract: “Despite mass incarceration and overcriminalization, underenforcement of criminal law is an endemic problem. It is the target of prominent reform movements, notably with regard to inadequate prosecution of police violence and sexual assaults; biased nonenforcement parallels biased overenforcement. Justice systems recognize this problem and adopt a variety of…
Continue ReadingThe Pregnancy Penalty
By Jennifer Bennett Shinall. Full text here. Abstract: “Just forty years ago, employers legally could—and often would—discriminate against pregnant women in the workplace. Employment discrimination protections for pregnant women have vastly expanded since that time with the passage of the Pregnancy Discrimination Act (PDA) in 1978 and the Americans with Disabilities Act (ADA) in 1990. The…
Continue ReadingArbitration 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…
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