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Volume 106 - Issue 3

The Supreme Court’s Quiet Expansion of Qualified Immunity

This Essay discusses the Supreme Court’s tendency in recent opinions to covertly expand the reach of the qualified immunity defense available to public officials in § 1983 civil rights suits. In particular, the Essay points out that the Court, often in per curiam rulings, has described qualified immunity in increasingly broad terms and has qualified…

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The Optimal Scope of Physicians’ Duty to Protect Patients’ Privacy

When discussing the optimal scope of the duty to protect patients’ privacy, the literature compares two incommensurable interests: privacy and safety. Policymakers face a difficult task when trying to find an optimal solution, balancing these two, often conflicting, interests. In this article, we confront the trade-off between patient confidentiality and public safety as manifested in…

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Paying High for Low Performance

This Essay argues that regulatory reforms in the area of executive compensation introduced by the Dodd-Frank Act of 2010 have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay…

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Obergefell and the “New” Reproduction

Alternative reproduction has become the new frontier in the continuing culture wars over the family. Commentators with longstanding anxieties over non-traditional kinship have turned their regulatory gaze to it, as have more progressive scholars who support non-traditional family formation but nevertheless favor proposals to regulate the “new kinship” and the “new reproduction.” Excavating Obergefell v.…

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