Category: Past Issues

Hilary C. Tompkins. In today’s world, we are bombarded daily with dueling, political narratives from the left and right of the political spectrum. In my view, the current culture clash is a product of young America’s growing pains, where the…

G. William "Bill" Rice. With introduction written by Robert N. Clinton. At least since the Termination Era of the 1950s, the federal Bureau of Indian Affairs (BIA) has drawn a distinction for purposes of taking tribal land into federal trust…

Christopher K. Odinet. The promise of financial technology (“fintech”) and artificial intelligence (“AI”) in broadening access to financial products and services continues to capture the imagination of policymakers, Wall Street, and the public. This has been particularly true in the…

Edward J. McCaffery. The American political system, decades into the twenty-first century, seems badly broken. Money lies everywhere at the root of its worst evils. By almost any reasonable account, there is too much money in American politics. The 2016 presidential…

Michele E. Gilman. Algorithmic profiling technologies are impeding the economic security of low-income people in the United States. Based on their digital profiles, low- income people are targeted for predatory marketing campaigns and financial products. At the same time, algorithmic…

Richard Delgado & Jean Stefancic. We describe a new consensual theory of borders and immigration that reverses Peter Schuck’s and Rogers Smith’s notion of citizenship by consent and posits that borders are legitimate—and make sense—only if they are products of…

Sarah Pook.Full ArticleI. IntroductionIt starts with a fever. A splitting headache. Vomiting, fatigue, an earache—then the secondary symptoms begin. Vision loss. Stiff neck. Lethargy, confusion, inability to walk, an aversion to light. Hallucinations. Doctors scramble to make a diagnosis, attempting…

Ashley N. Gomez. On January 30, 2017, Sidd Bikkannavar arrived at the George Bush Intercontinental Airport in Houston, Texas from a trip to Chile. He had taken a few weeks off from work to go on a personal trip to…

Mark C. Weber. This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration’s new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of…

Alexander Volokh. North Carolina State Board of Dental Examiners v. FTC (N.C. Dental) has worked a potential revolution in antitrust law. A revolution because it makes clear that state regulatory agencies dominated by active market participants are not entitled to…