Administering Health Innovation

Scholars and policymakers ought to look beyond the capacities of administrative agencies like the NIH, FDA, and CMS individually to contribute to health innovation policy, and instead ought to focus on the potential for collaboration across agencies.

Reorienting the Rules of Evidence

Latent heterosexism is deeply engrained in the common sensibility of the American legal system. In sexual assault cases, that latent heterosexism reveals itself in disparate admissibility rulings and practices regarding evidence that purports to demonstrate a defendant’s sexual orientation.

Competing Free Speech Values in an Age of Protest

Almost every First Amendment case can be framed as implicating free speech values on both sides of the First Amendment equation. Government action directly abridges speech, but government inaction may allow private parties too much control over others’ speech.

Criminal Employment Law

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article… Read More