Volume 71 (2021-2022)

Volume 71, Number 8 – May 2022

Posted on April 20th, 2022

Articles Qualified Immunity, Sovereign Immunity, and Systemic Reform Katherine Mims Crocker PDF Qualified immunity has become a central target of the movement for police reform and racial justice since George Floyd’s murder. And rightly so. Qualified immunity, which shields government officials from damages for constitutional violations even in many egregious cases, should have no place Continue Reading »

Volume 71, Number 7 – April 2022

Posted on March 22nd, 2022

Articles Anonymous Companies William J. Moon PDF Hardly a day goes by without hearing about nefarious activities facilitated by anonymous “shell” companies. Often described as menaces to the financial system, the creation of business entities with no real operations in sun-drenched offshore jurisdictions offering “zero percent” tax rates remains in vogue among business titans, pop Continue Reading »

Volume 71, Number 6 – March 2022

Posted on March 22nd, 2022

Articles Governing by Algorithm? No Noise and (Potentially) Less Bias Cass R. Sunstein PDF As intuitive statisticians, human beings suffer from identifiable biases—cognitive and otherwise. Human beings can also be “noisy” in the sense that their judgments show unwanted variability. As a result, public institutions, including those that consist of administrative prosecutors and adjudicators, can Continue Reading »

Volume 71, Number 5 – February 2022

Posted on January 25th, 2022

Articles Not So Private Stacey A. Tovino PDF Federal and state laws have long attempted to strike a balance between protecting patient privacy and health information confidentiality on the one hand and supporting important uses and disclosures of health information on the other. To this end, many health laws restrict the use and disclosure of Continue Reading »

Volume 71, Number 4 – January 2022

Posted on January 13th, 2022

Articles Commodifying Marginalization Abbye Atkinson PDF Pillars of U.S. social provision, public pension funds rely significantly on private investment to meet their chronically underfunded promises to America’s workers. Dependent on investment returns, pension funds are increasingly investing in marginalized debt, namely the array of high-interest-rate, subprime, risky debt—including small-dollar installment loans and other forms of Continue Reading »

Volume 71, Number 3 – December 2021

Posted on January 13th, 2022

Articles Error-Resilient Consumer Contracts Danielle D’Onfro PDF When firms contracting with consumers make mistakes, people get hurt. Inaccurate billing, misapplied payments, and similar problems push lucky consumers into Kafkaesque customer service queues—and unlucky ones off the financial cliff. Despite significant regulatory interventions, firms contracting with consumers continue to struggle to accurately bill customers, update accounts, Continue Reading »

Volume 71, Number 2 – November 2021

Posted on January 13th, 2022

Articles Central Bank Activism Christina Parajon Skinner PDF Today, the Federal Reserve is at a critical juncture in its evolution. Unlike any prior period in U.S. history, the Fed now faces increasing demands to expand its policy objectives to tackle a wide range of social and political problems—including climate change, inequality, and foreign and small Continue Reading »

Volume 71, Number 1 – October 2021

Posted on September 20th, 2021

Articles The Gay Perjury Trap Christopher R. Leslie PDF In Bostock v. Clayton County, the Supreme Court held Title VII’s prohibition on sex-based employment discrimination applies to discrimination based on sexual orientation and gender identity. Although the opinion is an important victory, if history is any guide, Bostock was only one battle in a larger Continue Reading »