Whose Data Anyway? The Inconsistent and Prejudicial Application of Ascertainability in Data Privacy Class Actions
By Nathan Webster. Full Text. Data breaches are increasingly common. As the frequency of data breaches increases, so too does the frequency of data privacy class action suits. However, as plaintiffs overcome longstanding obstacles to class certification, new challenges are emerging. One issue poses a particular challenge for data privacy plaintiffs: the heightened ascertainability requirement.…
Continue ReadingUsing Community Benefits to Bridge the Divide Between Minnesota’s Nonprofit Hospitals and Their Communities
By Meredith Gingold. Full Text. Nonprofit hospitals receive numerous state and federal tax exemptions. In return, communities expect that hospitals will give back what they can. This giving, called “community benefits,” can take many forms including money spent on educating a hospital’s doctors and residents, free or discounted care to low-income patients, and Medicaid shortfalls—the…
Continue ReadingSomebody’s Tracking Me: Applying Use Restrictions to Facial Recognition Tracking
By Matthew E. Cavanaugh. Full Text. Facial recognition tracking is the use of facial recognition technology to track a person’s movements based on the appearance of their face at particular locations. It is one of many rapidly advancing technologies that are forcing a judicial reckoning with how the Fourth Amendment right against unreasonable searches applies…
Continue ReadingReengineering Financial Market Infrastructure
By David A. Wishnick. Full Text. Scholars often portray financial regulators as eternal followers of the private sector, ever struggling to “keep pace” with technological change. But the image of the reactive, pace-keeping regulator obscures as much as it reveals. This Article challenges the conventional depiction by highlighting regulatory efforts to reengineer the infrastructure of…
Continue ReadingDisability Admin: The Invisible Costs of Being Disabled
By Elizabeth F. Emens. Full Text. Disability law has failed to account for a form of labor that especially burdens people with disabilities. That labor is the office-work of life, also called life admin. Disability spurs three main forms of life admin: medical admin, benefits admin, and discrimination admin. First, the managerial and secretarial labor…
Continue ReadingSubverting Title IX
By Emily Suski. Full Text. Thousands of sexual assaults happen to children in K–12 public schools each year, but the federal courts regularly allow the schools to do almost nothing in response. Title IX exists to ensure that public schools protect students from sexual assaults, harassment, and other forms of sex discrimination. Yet, the federal…
Continue ReadingEqualizing Parental Leave
By Deborah A. Widiss. Full Text. The United States is the only developed country that fails to guarantee paid time off work to new parents. As a result, many new parents, particularly low-wage workers, are forced to go back to work within days or weeks of a birth or adoption. In recent years, a growing…
Continue ReadingThe Hidden Rules of a Modest Antitrust
By Ramsi A. Woodcock. Full Text. Reforming antitrust’s rule of reason by shifting burdens of proof to defendants will not solve antitrust’s enforcement drought. For the drought is due in part to the cost to enforcers of identifying rule of reason cases to bring and not just to the cost of winning the cases that…
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