A Bug or a Feature?: Exclusive State-Court Jurisdiction Over Federal Questions
On August 5th, 2017, while enjoying the thrills and frills of a Six Flags theme park, Hugo and Sharon Soto used their… Continue reading →
Issue 1
-
-
Pandemic Pressures on Faculty
Academics are incredibly privileged. They are paid relatively well to read, think, write, teach, learn, and provide service to their… Continue reading →
-
Getting from Points A to Points B: Wayfinding, Public Accommodations, and the ADA
“To effectuate its sweeping purpose, the Americans with Disabilities Act (ADA) forbids discrimination against disabled individuals in major areas of… Continue reading →
-
Probate Lending: Data from San Francisco
Recently, “probate lenders” have started to advance cash to heirs and beneficiaries in return for part of their interest in… Continue reading →
-
Just Cause, Not Just Because: a Pro-Worker Reform for the Employment Landscape
The at-will doctrine permits employers to terminate employees at any time for any reason—or no reason at all—so long as… Continue reading →
-
Missing Decisions and the United States Court of Appeals for the Federal Circuit
Merritt McAlister’s Missing Decisions is an important contribution to our understanding of civil procedure, judicial decisionmaking, and the law itself. McAlister’s study… Continue reading →
-
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 →
-
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 →
-
The Perils of Land Use Deregulation
Land use regulation and zoning have long been core functions of local governments. Critics of local land use practices, however,… Continue reading →
-
The Case for Resurrecting the FTC Act’s Penalty Offense Authority
On April 22, 2021, the Supreme Court unanimously ruled that the Federal Trade Commission cannot continue to seek monetary relief from wrongdoers… Continue reading →