Volume 74
Privacy Theater in the Bankruptcy Courts
Christopher G. Bradley Volume 74, Issue 3, 607-678 The intersection between privacy law and the big business of consumer data has become a major focus of policymakers, scholars, the business community, and consumer advocates, yet the legal regime governing the...
Immigration Law’s Boundary Problem: Determining the Scope of Executive Discretion
Peter Margulies Volume 74, Issue 3, 679-764 In immigration law, executive discretion has become contested terrain. Courts, officials, and scholars have rarely distinguished between regulatory discretion, which facilitates exclusion and removal of noncitizens, and...
Loyalties v. Royalties
Sarah Polcz Volume 74, Issue 3, 765-822 Friendship rewards us with a bond of loyalty and equality. The marketplace rewards us based on what we have to offer. When friends work together to create something, and when the market judges their creation to have value, this...
The Surprisingly Strong Case for Local Income Taxes in the Era of Increased Remote Work
Erin Adele Scharff and Darien Shanske Volume 74, Issue 3, 823-868 Traditional theoretical literature on fiscal federalism urges cities to finance themselves with taxes on immobile sources. Thus, the literature sees real property taxes as the best source of local...
Mitigating Catastrophe Risk for Landowners
Stewart E. Sterk Volume 74, Issue 3, 869-910 Local, national, and global catastrophes entail significant risk for landowners. The government-sponsored National Flood Insurance Program illustrates how subsidizing insurance against catastrophe risk can result in...
Pole Cameras: Applying Fourth Amendment Protections to Emerging Surveillance Technology
Rahil Maharaj Volume 74, Issue 3, 911-934 Evolving surveillance technologies present unique challenges for the judiciary to maintain robust Fourth Amendment privacy protections. New surveillance tools such as pole cameras raise significant questions regarding the...
When Further Incarceration Is No Longer in the Interest of Justice: Instituting a Federal Prosecutor-Initiated Resentencing Framework
Lydia Tonozzi Volume 74, Issue 3, 935-958 The dire state of the prison population in the United States has become common knowledge both at home and abroad. Mass incarceration in the United States has been caused by nearly four decades of retributive criminal justice...
Foreign Investment and National Security Challenges in the Data Age: An Assessment of the Current Regime and Recommendations
Irene Yu Volume 74, Issue 3, 959-986 This Note contributes to the growing literature that attempts to grasp the current landscape of international trade and investment norms and policies in the data age. Focusing on the disputes between the United States and China...
Financial Data Governance
Douglas W. Arner, Giuliano G. Castellano, Ēriks K. Selga Volume 74, Issue 2, 235-292 Finance is one of the most digitalized, globalized, and regulated sectors of the global economy. Traditionally technology intensive, the financial industry has been at the forefront...
Deepfakes on Trial: A Call To Expand the Trial Judge’s Gatekeeping Role To Protect Legal Proceedings from Technological Fakery
Rebecca A. Delfino Volume 74, Issue 2, 293-348 Deepfakes—audiovisual recordings created using artificial intelligence (AI) technology to believably map one person’s movements and words onto another—are ubiquitous. They have permeated societal and civic spaces from...
Financial Inclusion Gone Wrong: Securities and Cryptoassets Trading for Children
Nizan Geslevich Packin Volume 74, Issue 2, 349-398 According to studies, money is a major source of anxiety for most Americans. In looking for ways to remedy the source of such anxiety, some believe that increasing children’s financial orientation could help lower...
Considering Vaccination Status
Govind Persad Volume 74, Issue 2, 399-432 This Article examines whether policies—sometimes termed “vaccine mandates” or “vaccine requirements”—that consider vaccination status as a condition of employment, receipt of goods and services, or educational or other...
How Crisis Affects Crypto: Coronavirus as a Test Case
Hadar Y. Jabotinsky & Roee Sarel Volume 74, Issue 2, 433-488 Everybody is talking about cryptocurrencies. These digital tokens, which started in a one-asset market, have swiftly ballooned into a massive and diverse “cryptomarket.” The cryptomarket is still mostly...
Deferring Intellectual Property Rights in Pandemic Times
Peter K. Yu Volume 74, Issue 2, 489-550 This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than thirty provisions in the Agreement on...
The Latest Interface: Using Data Privacy as a Sword and Shield in Antitrust Litigation
Sammi Chen Volume 74, Issue 2, 551-582 The new and growing intersection between data privacy and antitrust uses data privacy as both a sword and shield against antitrust liability. On one hand, large technology firms have begun using privacy as a business...
Mistreatment and Exploitation of Skilled Foreign Workers Through H- Visa Precarity
Isha Vazirani Volume 74, Issue 2, 583-606 The Department of Homeland Security (DHS) announced that beginning on May 26, 2015, certain H-4 dependents of H-1B nonimmigrants would be eligible to apply for an Employment Authorization Document (EAD). The H-4 EAD program...
Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development in Indian Country
Pippa Browde Volume 74, Issue 1, 1-44 Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even...
A Tokenized Future: Regulatory Lessons from Crowdfunding and Standard Form Contracts
Darian M. Ibrahim Volume 74, Issue 1, 45-78 This Article examines the world of risk investing in the cryptoeconomy. The broader crypto market is booming despite the latest downturn. People and institutions are buying in. The question is now how to regulate it. This...
“Cancel Culture” and Criminal Justice
Steven Arrigg Koh Volume 74, Issue 1, 79-122 This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify...
The Unfulfilled Promise of Environmental Constitutionalism
Amber Polk Volume 74, Issue 1, 123-180 The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution....
The Cost of Survival for Insulin-Dependent Diabetics
Nikol Nesterenko Volume 74, Issue 1, 181-206 Insulin, an injectable drug discovered about 100 years ago that now costs less than $5 to manufacture, is currently sold between $300 and $500 in the United States. The continuously growing price forces many...
Forensic Linguistics: Science or Fiction?
Abigail Shim Volume 74, Issue 1, 207-234 The history of linguistics is meager and splintered due to the subject’s interdisciplinary nature. In the postwar era, the discipline attempted to revive as a scientific one, spearheaded by Noam Chomsky and his theory of...