Protecting Renters from Flood Loss
In the summer of 2020, Amanda Daniels found herself, for the third time,in a flooded apartment that she rented in… Continue reading →
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To Catch a Snooping Spouse: Reevaluating the Roots of the Spousal Wiretap Exception in the Digital Age
Marriage is, and continues to be, a reactive institution. Although theorigins of marriage date back over 6000 years, the marital… Continue reading →
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Beyond Strickland Prejudice: Weaver, Batson, and Procedural Default
A Batson violation—racially discriminatory jury selection—is a structural error,“not amenable” to harmless error review on direct appeal. By definition, structuralerrors… Continue reading →
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Breaking Up Big Tech: Lessons From AT&T
It’s no secret that antitrust law is having its moment in the sun—and technology is the target. In recent years,… Continue reading →
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The Road to Transportation Justice: Reframing Auto Safety in the SUV Age
For the past fifty years, a singular focus on consumer protection has persistently prevented auto-safety regulators from addressing serious external… Continue reading →
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Private Merger Challenges Under Section 16 of the Clayton Act: Caution Post-JELD-WEN
Private merger enforcement is a thorny corner of antitrust law. Private merger challenges pose considerable potential financial downside for industry because… Continue reading →
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Centering Whiteness and Entrenching the Myth of Race-Neutral Alternatives to Affirmative Action
In August 1935, Lloyd Gaines, a recent Black graduate from Lincoln University—then a Black-only college operated by the University of Missouri—submitted… Continue reading →
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A Prosecutorial Solution to the Criminalization of Homelessness
More than one-third of the 580,000 homeless people in the United States are unsheltered. This population includes those who sleep on the… Continue reading →
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Beyond Elections: Abolitionist Lessons for the Law of Democracy
The prison abolition movement, building on a long history of abolition in the United States, is articulating a vision of… Continue reading →
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Coercion, Criminalization, and Child ‘Protection’: Homeless Individuals’ Reproductive Lives
The U.S. Supreme Court has long recognized the constitutional importance of reproductive autonomy. However, for the unhoused the guarantees of… Continue reading →