Aug 18
Vol.
39
Issue 6

Article

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.

by Rachel E. Sachs

Article

Or to the People: Popular Sovereignty and the Power to Choose a Government

To protect state sovereignty, contemporary textualism has reinvigorated the Tenth Amendment as a judicially enforceable limit on federal powers.

by Elizabeth Anne Reese

Article

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.

by Gillian R. Chadwick

Article

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.

by Erica Goldberg

Article

When Artificial Intelligence Systems Produce Inventions: An Alternative Model for Patent Law at the 3A Era

Currently, robots, Artificial Intelligence, and machine learning systems (hereinafter referred to collectively as AI or AI systems) can create inventions, which, had they been created by humans, would be eligible for patent protection.

by Dr. Shlomit Yanisky Ravid & Xiaoqiong (Jackie) Liu

Article

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…

by Benjamin Levin

Note

Babies Having Babies: Advocating for a Different Standard for Minor Parents in Abuse and Neglect Cases

The opportunity for minor parents to have their records of abuse or neglect expunged provides them with a chance to move on with their lives after what was certainly an extremely trying and difficult time.

by Emily Barry

Note

Lease Terminations as Fraudulent Transfers: Reconciling Bankruptcy Code Sections 548 and 365(C)(3)

Under section 365(c)(3) of the Bankruptcy Code, the bankruptcy trustee (and its equivalents) may not assume or assign a nonresidential lease that was terminated before the tenant-debtor’s bankruptcy.

by Patrick J. Glackin

Issues Archive