Search
Now showing items 1-10 of 69
Identity and Form
(California Law Review, 2015)
Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. ...
Against Immutability
(Yale Law Journal, 2015)
Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
Frontiers of Sex Discrimination Law
(Michigan Law Review, 2017)
A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending ...
Constrained Regulatory Exit in Energy Law
(Duke Law Journal, 2018)
In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
Insurance Coverage Policies for Pharmacogenomic and Multi-Gene Testing for Cancer
(Journal of Personalized Medicine, 2018)
Abstract: Insurance coverage policies are a major determinant of patient access to genomic tests. The objective of this study was to examine differences in coverage policies for guideline-recommended pharmacogenomic tests ...
Federalism Anew
(American Journal of Legal History, 2016)
One of the most remarked-upon events of the recent past is the August 2014 death of a black teenager, Michael Brown, at the hands of a white police officer, Darren Wilson, in Ferguson, Missouri. Attention initially focused ...
Principles of Risk Assessment
(Ohio State Journal of Criminal Law, 2018)
Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...
Safety First: The Deceptive Allure of Full Reserve Banking
(University of Chicago Law Review Online, 2016)
In Safe Banking, Professor Adam Levitin joins a venerable tradition in the money and banking literature. That tradition, called full reserve banking, has claimed a number of illustrious supporters over the years, including ...
A Simpler Approach to Finance Reform
(Regulation, 2013)
There is a growing consensus that new financial reform legislation may be in order. The Dodd-Frank Act of 2010, while well-intended, is now widely viewed to be at best insufficient, at worst a costly misfire. Members of ...
Patenting Around Failure
(University of Pennsylvania Law Review, 2018)
Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office (Patent Office), which is criticized for doing a poor job of examining patents. But the story is more ...