Volume 73

Kate E. Bloch Volume 73, Issue 4, 947-974 In almost all U.S. jurisdictions, a qualifying mental illness that prevents an accused from distinguishing right from wrong can provide support for a determination of legal insanity. Nonetheless, “wrongfulness” remains a term...

Warigia M. Bowman Volume 73, Issue 4, 975-1040 “Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had...

Mary Hoopes Volume 73, Issue 4, 1041-1098 Farmworkers are one of many vulnerable groups who exist largely in the shadows of the law. While there is a relatively robust regulatory framework that ostensibly governs the conditions under which they work, it is highly...

Erin E. Meyers Volume 73, Issue 4, 1099-1144 A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are...

Kylah Staley Volume 73, Issue 4, 1145-1172 Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There...

Maryam Jamshidi Volume 73, Issue 3, 585-666 The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of...

Jason Rantanen, Lindsay Kriz & Abigail A. Matthews Volume 73, Issue 3, 667-722 Many scholars have observed that an empirical study is only valid to the extent it is reliable. Yet assessments of the reliability of empirical legal studies are rare. The closest most...

Christopher W. Schmidt Volume 73, Issue 3, 723-772 This Article argues that to better understand the historical development of Fourteenth Amendment antidiscrimination doctrine, we should look to the Thirteenth Amendment. The Fourteenth Amendment was drafted in...

Eli Siems, Katherine J. Strandburg & Nicholas Vincent Volume 73, Issue 3, 773-820 Trade secrecy is a major barrier to public scrutiny of probabilistic software tools that are increasingly used at all stages of the criminal system, from policing and investigation...

Mark Verstraete, Jane R. Bambauer & Derek E. Bambauer Volume 73, Issue 3, 821-860 Fake news presents a complex regulatory challenge in the increasingly democratized and intermediated on-line information ecosystem. Inaccurate information is readily created by...

Jenny Bagger Volume 73, Issue 3, 861-918 As the question of how new technology factors into the personal jurisdiction analysis remains unresolved, the vast increase in the reliance on remote technology that the COVID-19 pandemic spurred urges a definitive answer. Even...

Reina Shinohara Volume 73, Issue 3, 919-946 As we spend more of our days online, we are seeing a shift in content moving towards a progressively simulated reality. The virtual worlds of video games and other online communities have become a norm for many, with an...

Isaac D. Buck Volume 73, Issue 2, 191-232 “The biggest crime you can commit in America is being sick.” Grimly demonstrated by the COVID-19 pandemic, hospitals serve as the central hub of American health care. Increasingly exercising market power, setting clinical...

Lan Cao Volume 73, Issue 2, 233-300 The Universal Declaration of Human Rights (“UDHR”) remains an emblem of hope and change in a world filled with continuing human rights violations. Its promise, enshrined in 1948, is as relevant then as it is now—that the...

Rebecca A. Delfino Volume 73, Issue 2, 301-370 We can no longer ignore this—a national crisis resulting in almost one million American deaths, costing hundreds of millions of dollars, ravaging the health care system, and devastating state and local communities. This...

Blake Emerson Volume 73, Issue 2, 371-436 The values of liberty and democracy repeatedly arise in recent Supreme Court opinions on administrative law. The conservative Justices have argued that the power vested in government agencies threatens individual freedom and...

Chris Chambers Goodman and Natalie Antounian Volume 73, Issue 2, 437-474 This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the...

Jordan Gross Volume 73, Issue 2, 475-528 The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the...

Zhi Yang Tan Volume 73, Issue 2, 529-558 Each day, the world creates another 2.5 quintillion bytes of data, with most of it being accessible by the average person through the smartphone they carry in their pocket. That data may often take the form of informative new...

Sara Zokaei Volume 73, Issue 2, 559-584 For over forty years, China has promulgated national policies of opening-up and cooperation with other nations. Over the past eight years, China has been expanding its efforts to uphold these policy goals via the Belt and Road...

Gilat Juli Bachar Volume 73, Issue 1, 1-48 The #MeToo movement called attention to the use of non-disclosure clauses in settlement agreements as a tool to silence victims of sexual wrongdoing by repeat offenders such as movie mogul Harvey Weinstein and Olympic gymnast...

Nancy J. Knauer Volume 73, Issue 1, 49-104 When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of...

Gerardo Inzunza Higuera Volume 73, Issue 1, 105-158 This Note addresses the need for a comprehensive, centralized independent agency designated solely for the management of commercial space activities. The current commercial “space rush” promises unimaginable...

Kate Souza Volume 73, Issue 1, 129-160 The growing cost of higher education relative to wage growth means that college is no longer the sure path to financial security it once was. While the cost of tuition ballooned over the past several decades, government funding...

Justine Yu Volume 73, Issue 1, 161-190 The city of Hong Kong has undergone a dramatic political shift in recent years. Once known as a safe haven for freedom of speech and expression,[1] HK is now a place where anti-Communist Party views are suppressed under the...