Category: Past Issues

Jonathan Remy Nash* Full Article. Abstract Who, besides the U.S. Department of Justice, can prosecute criminal actions in federal court? This Article considers this question, which has arisen recently in various contexts—the DOJ’s attempt to abort the prosecution of former…

John Coyle* & Katherine C. Richardson**Full Article.AbstractA forum selection clause is a contractual provision that selects a court for future disputes. Such clauses serve two primary functions. First, they may be used to redirect litigation from one state to another…

Naomi Cahn & June Carbone*Full Article.AbstractA series of Supreme Court decisions recognize the end of the federal–state–corporate partnership that once provided a foundation for employment security and family stability. That partnership, which reached its pinnacle during the industrial era, established…

Deepa Das Acevedo*Full Article.AbstractIn the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the…

Kelly K. Dineen* & Elizabeth Pendo**Full Article.IntroductionSubstance use disorder (SUD) is a chronic health condition[1]—like people with other chronic health conditions, people with SUDs experience periods of remission and periods of exacerbation or recurrence.[2] Unlike people with most other chronic…

John Patrick Hunt* Full Article. Abstract Over 300,000 student loan borrowers have applied to the Department of Education for administrative relief from federal student loans on the ground that they were deceived or otherwise victimized by their schools. The Department…

ByLindsay F. Wiley* and Samuel R. Bagenstos**Full Article.IntroductionOur nation’s response to the coronavirus pandemic has revealed fundamental flaws in our legal regimes governing both public health and employment. Public health orders have called on individuals to make sacrifices to protect…

By Jacob Abrahamian*Full Article.I. IntroductionIn January 2019, the National Collegiate Athletic Association (NCAA) found the University of Missouri guilty of academic misconduct and imposed severe penalties on its football, baseball, and softball programs.[1] A two-year investigation by the NCAA revealed…

By Austin Moylan*Full Article.I. IntroductionThe United States is home to approximately 330 million people.[1] Strikingly, 2.3 million of them are behind bars.[2] For every 100,000 people in the United States, nearly 700 are in prison, an incarceration rate unmatched by…

By Ben Shattuck* Full Article. “It is a general and indisputable rule, that where there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded.”[1]   “Bivens is a relic…