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Volume 97 - Issue 4

Note: Death by Arugula: How Soil Contamination Stunts Urban Agriculture, and What the Law Should Do About It

By Steven A. Platt. Full text here. More and more people are growing food in urban environments. The benefits of urban farming are well documented. The government sees increased economic activity, society enjoys new social and educational opportunities and blight reduction, and the individuals farming eat inexpensive, fresh, locally sourced food. However, cities have fostered and…

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Note: Healthy Compromise: Reconciling Wellness Program Financial Incentives with Health Reform

By Heather Baird. Full text here. Soaring health care expenditures coupled with plummeting insurance coverage suggest something is seriously wrong with the American health care system. One way that the ACA proposes to control health care costs is through support for employee wellness program initiatives. Wellness programs with financial incentives based upon health status risk create…

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State Enforcement of National Policy: A Contextual Approach (with Evidence from the Securities Realm)

By Amanda M. Rose. Full text here. This Article addresses a topic of contemporary public policy significance: the optimal allocation of law enforcement authority in our federalist system. Proponents of “competitive federalism” have long argued that assigning concurrent enforcement authority to states and the federal government can lead to redundant expense, policy distortion, and a loss…

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The Duty to Capture

By Jens David Ohlin. Full text here. The duty to capture stands at the fault line between competing legal regimes that might govern targeted killings. If human-rights law and domestic law-enforcement procedures govern these killings, the duty to attempt capture prior to lethal force represents a cardinal rule that is systematically violated by these operations. On…

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Reclaiming Equality to Reframe Indigent Defense Reform

By Lauren Sudeall Lucas. Full text here. Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even…

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Inflammatory Speech: Offense Versus Incitement

By Alexander Tsesis. Full text here. The commonly accepted notion that content regulations on speech violate the First Amendment is misleading. In three recent cases—Snyder v. Phelps, Brown v. Entertainment Merchants Ass’n, and United States v. Stevens—the Court made clear that free speech includes the right to express scurrilous, disgusting, and disagreeable ideas. A different set…

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