Volume 76 (Current Volume)

John Yoo Volume 76, Issue 4, 1227-1270 Scholars have engaged in a sharp argument over whether the judiciary should follow the original understanding in interpreting the Constitution. Recent criticism has argued that originalism fails because it does not advance a...

Imahn Milani Daeenabi Volume 76, Issue 4, 1271-1306 Corporate laws in the United States require corporations to be governed by a board of directors consisting of humans—otherwise known as the natural person requirement. Mandating governance by individual persons...

Allison M. Freedman Volume 76, Issue 4, 975-1024 In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future...

Jennifer Gordon Volume 76, Issue 4, 1025-1096 Forced labor is rampant across global supply chains. Addressing it at individual sites of production results in a game of whack-a-mole. An effective response must target the structural drivers of the problem: the large...

Ryan P. Knox Volume 76, Issue 4, 1097-1154 Over the last decade, many states have passed laws seeking to restrict or ban certain medications approved by the United States Food and Drug Administration (FDA). One of the most recent examples: gender-affirming care...

Thomas A. Lambert Volume 76, Issue 4, 1155-1226 Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the...

Jiaying Jiang Volume 76, Issue 3, 629-678 Many have voiced concerns that the digital dollar, a digital form of central bank money, will facilitate government surveillance, thus depriving users of privacy. This Article investigates critical technical designs proposed...

Peter Sie Volume 76, Issue 3, 679-750 Epigenetics is an emerging science that studies how our behavior and environment can change the function of our genes without changing our genetic code. These changes can pass on to our children and grandchildren, for better or...

Shannon Weeks McCormack Volume 76, Issue 3, 751-820 Other developed nations provide a slew of direct benefits to parents, such as paid parental leave and affordable childcare. America instead takes a circuitous route, heavily relying on the Internal Revenue Code (the...

Ramsi A. Woodcock Volume 76, Issue 3, 821-884 Surge pricing—using data and algorithms to raise prices in response to unexpected increases in demand—has spread across the economy in recent years, from Amazon and Disney World to commuter highways and, of course, Uber,...

Gillian Katz Lamon Volume 76, Issue 3, 885-946 Over the last 50 years, federal child welfare legislation has wrestled with how to reconcile the competing goals of the child welfare system: child protection, family preservation, and permanency. The United States foster...

Andrea Olofson Chen Volume 76, Issue 3, 947-974 Excessive director compensation erodes the independence that directors are supposed to bring to boardrooms. In theory, directors are meant to serve as objective parties, overseeing corporations using their care, skill,...

Andrew H. Jacobs Volume 76, Issue 2, 561-588 California’s electricity system has faced unprecedented challenges in recent years. Extreme heat, wildfires, and additional severe weather events stressed the system to a breaking point. The state’s electric grid operator...

Peter Carstensen & Darren Bush Volume 76, Issue 2, 305-352 This article addresses the colossal problem of remedy in antitrust and regulatory cases combatting monopoly “bottlenecks.” A bottleneck monopoly lies somewhere along the chain of production and...

Adam J. Hirsch Volume 76, Issue 2, 353-408 When an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the...

Sven Riethmueller Volume 76, Issue 2, 409-510 This article examines the pervasive practice by pre-IPO firms of granting stock options as compensation while preparing to go public. These last-minute option grants, which are typically not contingent upon initial public...

Matthew A. Shapiro Volume 76, Issue 2, 511-560 As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public...

Zoë MacDonald Volume 76, Issue 2, 589-628 Children’s use of social media has been linked to an overwhelming number of adverse effects on their mental health, privacy, and well-being. There is a general consensus among parents, researchers, and lawmakers that...