Articles
Confidence in our federal courts is at an all-time low. Mired in ethical scandals and lurching aggressively to the right, the Supreme Court has been a target both for blame and reform. But as important as Supreme Court reform is, that narrow focus misses the bigger picture and perhaps a bigger problem. After all, most […]
By John P. Collins, Jr.
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Private equity (PE) has come to health care. With it comes layoffs, cuts, and new pressures for providers; higher prices for payers; and questions from patients about quality and excessive care. PE firms, driven solely by a profit motive, take over health care entities, “lean” them down, load them with debt, and hope to extract […]
The Robinson-Patman Act (RPA) is the single most unpopular antitrust law among practitioners and scholars in the field. It has been the target of withering criticism for many years. In 1966, Robert Bork disparaged it as “the Typhoid Mary of Antitrust.” Others, such as the bipartisan Antitrust Modernization Commission in 2007, offered criticisms with more […]
By Brian Callaci, Daniel A. Hanley, and Sandeep Vaheesan
Legal scholars have made important explorations into the opportunities and challenges of generative artificial intelligence within legal education and the practice of law. This Article adds to this literature by directly addressing members of the legal academy. As a collective, law professors, who are responsible for cultivating the knowledge and skills of the next generation […]
By Professor Rachelle Holmes Perkins
Scholars across disciplines such as sociology, economics, and urban planning are writing about gentrification. The literature and beliefs surrounding gentrification are very diverse, but what often connects the various views is a negative perception that gentrification always disadvantages and displaces low-income minority residents, physically or culturally. But the connotations of race and class associated with […]
By Carol Brown
Essays
Since the United States first began thinking about international law and cyberspace in the 1990s, it has been clear to us that international law applies to what States do in cyberspace, just as it does to what they do in other domains. When I say international law, I mean all of it treaties, of course, […]
Comments
The copyright litigation surrounding Ed Sheeran’s hit song “Thinking Out Loud” illustrates a growing concern in the music industry: the misuse of copyright law to monopolize elements of the public domain. Central to these disputes is the selection and arrangement doctrine, which allows protection for original combinations of unprotectable elements. However, courts have struggled to […]
The Supreme Court’s conclusion in United States v. Rahimi evinces a gap in protection for victims of domestic violence. Due to remaining unclarity in the interpretation of historical analogues of the Second Amendment, and the fact that challenges to the Amendment will continue to be decided on a case-by-case basis, greater civil protection is needed where […]
This Comment examines the U.S. shipping industry’s antitrust exemption under the Shipping Act and argues that it is no longer justified in today’s market. It traces the legislative history from the Shipping Act of 1916 to the Ocean Shipping Reform Act of 2022, along with recent proposed reforms in 2023. The Comment explores key case […]
By Joshua DuBois
This Comment argues that the current War Powers Resolution fails to provide an effective check on the Executive’s ability to initiate armed conflict without Congressional approval. It examines the proposed National Security Reforms and Accountability Act (NSRAA) as a stronger legislative framework to reassert Congressional war powers. Using the Biden administration’s 2023 proposal to place […]
By Michael Matthews
“Standing Beyond Reason” examines the Supreme Court’s ruling in Alliance for Hippocratic Medicine v. FDA, affirming that the plaintiffs lacked standing to challenge the FDA’s regulation of mifepristone. In doing so, the Court reinforced the principle that Article III standing requires a concrete, particularized, and imminent injury—which the plaintiffs failed to establish. The decision curbs judicial […]
If given the opportunity, how many years would you sentence Sam Bankman-Fried to prison? The Presentence Report (PSR) recommended that the judge impose a sentence of one hundred years. Describing the recommendation as “grotesque” and “barbaric,” attorneys for Bankman-Fried argued that five to six years would be a more “just sentence.” Despite the large discrepancy […]
By Nicole Shammo
On January 29, 2021, the United States Court of Appeals for the Third Circuit decided Martinez v. UPMC Susquehanna, sending a series of holdings into the world with little fanfare. The organizations and law firms that did report on the decision discussed the narrowest holding that the appellant/plaintiff, Dr. Zeferino Martinez, did not need to […]
By Sarah Shaiman
Patents are pragmatic public policy tools, used in different places and times to encourage the creation, disclosure, and diffusion of technologies. Positioned as both the gatekeeper and inspirer of technological change, patent law’s hyperstitional power commodifies chemical structures, computer codes, and genetic sequences. This positioning has also made patent law susceptible to a particular kind […]
By Celia Karpatkin
